This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/law/2016/feb/02/uk-to-seek-changes-on-troops-service-and-free-speech-in-european-rights-law
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| UK to seek changes on troops' service and free speech in European rights law | UK to seek changes on troops' service and free speech in European rights law |
| (7 months later) | |
| The government is likely to seek changes in the European convention on human rights in relation to British troops operating abroad and protecting freedom of expression, the justice secretary has confirmed. | The government is likely to seek changes in the European convention on human rights in relation to British troops operating abroad and protecting freedom of expression, the justice secretary has confirmed. |
| As part of the government’s long-awaited consultation on its bill of rights, Michael Gove did not entirely dismiss the possibility that it could end up merely as an English bill of rights due to opposition from the devolved assemblies. | As part of the government’s long-awaited consultation on its bill of rights, Michael Gove did not entirely dismiss the possibility that it could end up merely as an English bill of rights due to opposition from the devolved assemblies. |
| The Conservatives’ election manifesto last year pledged to scrap the Human Rights Act and threatened to withdraw from the European convention, which the UK helped draft after the second world war. Draft proposals have been repeatedly delayed and in recent weeks the emphasis has been on remaining within the convention. | The Conservatives’ election manifesto last year pledged to scrap the Human Rights Act and threatened to withdraw from the European convention, which the UK helped draft after the second world war. Draft proposals have been repeatedly delayed and in recent weeks the emphasis has been on remaining within the convention. |
| Highlighting two areas of concern he believes need reform, Gove told the House of Lords EU justice sub-committee that there was a debate about British soldiers on active service abroad and “whether or not there will be room for those troops to operate efficiently in a conflict zone without being constrained overmuch by a variety of laws and treaties. | Highlighting two areas of concern he believes need reform, Gove told the House of Lords EU justice sub-committee that there was a debate about British soldiers on active service abroad and “whether or not there will be room for those troops to operate efficiently in a conflict zone without being constrained overmuch by a variety of laws and treaties. |
| “There might be a derogation when British troops are engaged in conflict in the same way that France has derogated [from some human rights obligations] in the aftermath of the Bataclan atrocity,” he said, referring to the terrorist attacks in Paris in November. | “There might be a derogation when British troops are engaged in conflict in the same way that France has derogated [from some human rights obligations] in the aftermath of the Bataclan atrocity,” he said, referring to the terrorist attacks in Paris in November. |
| Gove did not say whether any UK suspension of or exemption from specific rights would be temporary or permanent. | Gove did not say whether any UK suspension of or exemption from specific rights would be temporary or permanent. |
| Regarding free speech, he said: “It’s broadly accepted that in Britain we have placed more of an emphasis on freedom of expression and slightly less on privacy rights. We have seen that in data protection cases. It might be useful [to firm that up] a bit to protect journalists’ sources.” | Regarding free speech, he said: “It’s broadly accepted that in Britain we have placed more of an emphasis on freedom of expression and slightly less on privacy rights. We have seen that in data protection cases. It might be useful [to firm that up] a bit to protect journalists’ sources.” |
| The bill of rights consultation would contain proposals about protecting freedom of speech, he said. | The bill of rights consultation would contain proposals about protecting freedom of speech, he said. |
| “It’s not our intention to say that any individual rights within the convention no longer apply within the UK. We are going to investigate how those rights are interpreted and weighed against one another.” | “It’s not our intention to say that any individual rights within the convention no longer apply within the UK. We are going to investigate how those rights are interpreted and weighed against one another.” |
| Asked whether the bill might end up only applying to England and not the rest of the UK, Gove replied: “I would hope there will be a UK bill of rights.” He said the Scottish National party, which opposes scrapping the Human Rights Act, was viewing the issue through “a party political lens”. | Asked whether the bill might end up only applying to England and not the rest of the UK, Gove replied: “I would hope there will be a UK bill of rights.” He said the Scottish National party, which opposes scrapping the Human Rights Act, was viewing the issue through “a party political lens”. |
| The justice secretary stressed that the government was not planning to “derogate absolutely” from any of the rights contained in the convention. “We at the moment envisage that all the rights contained within the convention will be affirmed in any British bill of rights, but where rights are subject to potential qualification then it may be the case that we emphasise the importance of one right over another.” | The justice secretary stressed that the government was not planning to “derogate absolutely” from any of the rights contained in the convention. “We at the moment envisage that all the rights contained within the convention will be affirmed in any British bill of rights, but where rights are subject to potential qualification then it may be the case that we emphasise the importance of one right over another.” |
| He declined to give a date for the launch of the consultation, saying only that it would be soon and adding: “I’m at the mercy of the prime minister. He has to be happy with the document.” | He declined to give a date for the launch of the consultation, saying only that it would be soon and adding: “I’m at the mercy of the prime minister. He has to be happy with the document.” |
| Gove agreed that the court of justice of the European Union in Luxembourg was in effect the supreme court of the EU because its judgments are binding on member states – more so than decisions emanating from the European court of human rights in Strasbourg. | Gove agreed that the court of justice of the European Union in Luxembourg was in effect the supreme court of the EU because its judgments are binding on member states – more so than decisions emanating from the European court of human rights in Strasbourg. |
| The UK’s supreme court in London might be transformed into a constitutional court, like the German constitutional court, Gove suggested, which could give it the power to decide not to enforce EU law if it was contrary to basic principles. | The UK’s supreme court in London might be transformed into a constitutional court, like the German constitutional court, Gove suggested, which could give it the power to decide not to enforce EU law if it was contrary to basic principles. |
| But Helena Kennedy, chair of the select committee, disagreed with his assessment, pointing out that the president of the German constitutional court stated two years ago that “EU law is accorded primacy over national law”. | But Helena Kennedy, chair of the select committee, disagreed with his assessment, pointing out that the president of the German constitutional court stated two years ago that “EU law is accorded primacy over national law”. |