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Bill of rights commissioner resigns over bypass of Commons Bill of rights commissioner resigns over bypass of Commons
(40 minutes later)
A government commission set up to examine the establishment of a British bill of rights has "sidelined parliament and the prime minister", one of the commissioners has saidfollowing his resignation. A government commission set up to examine the establishment of a British bill of rights has "sidelined parliament and the prime minister", one of the commissioners has said after his resignation.
Michael Pinto-Duschinsky said he was forced to resign because of his belief that the UK parliament should have the final decision on issues of human rights, rather than the European court of human rights. He claimed his fellow commissioners were ignoring the desire of David Cameron, the prime minister, to reassert the sovereignty of Westminster over the European court. Michael Pinto-Duschinsky said he was forced to resign because of his belief that the UK parliament, rather than the European court of human rights, should have the final decision on issues of human rights. He claimed his fellow commissioners were ignoring the prime minister's desire to reassert the sovereignty of Westminster over the European court.
"After one year it is now clear that it has been intended all along to issue a report in favour of the status quo," Pinto-Duschinsky told the BBC's Sunday Politics show. "We have actually considered the question of parliamentary sovereignty only once in the whole year that we have been in existence.""After one year it is now clear that it has been intended all along to issue a report in favour of the status quo," Pinto-Duschinsky told the BBC's Sunday Politics show. "We have actually considered the question of parliamentary sovereignty only once in the whole year that we have been in existence."
The commission on a bill of rights was set up last year to examine the possibility of a British bill of rights incorporating the European convention on human rights. Eight commissioners were appointed by Ken Clarke, the minister for justice, and Nick Clegg, the deputy prime minister. It is expected to deliver its recommendations later this year. The commission was set up to examine the possibility of a British bill of rights incorporating the European convention on human rights. Eight commissioners were appointed by Ken Clarke, the minister for justice, and Nick Clegg, the deputy prime minister. It is expected to deliver its recommendations later this year.
Pinto-Duschinsky said the commissioners had been selected to reflect the views of Clarke and Clegg that there was no need for a repatriation of powers to parliament.Pinto-Duschinsky said the commissioners had been selected to reflect the views of Clarke and Clegg that there was no need for a repatriation of powers to parliament.
"The commission answers to Ken Clarke. He and Nick Clegg set it up and selected the chairman. His civil servants run the commission and staffing. His hands are everywhere," said Pinto-Duschinsky. "The commission answers to Ken Clarke. He and Nick Clegg set it up and selected the chairman. His civil servants run the commission and staffing. His hands are everywhere," he said.
"He [Clarke] is following the agenda of the human rights establishment, which is well represented on the commission. In doing so he is sidelining not only parliament but also the prime minister, and I consider that disloyal.""He [Clarke] is following the agenda of the human rights establishment, which is well represented on the commission. In doing so he is sidelining not only parliament but also the prime minister, and I consider that disloyal."
A spokeswoman for the Ministry of Justice said she was aware of problems within the commission but said it had not received Pinto-Duschinsky's letter of resignation. Sadiq Khan MP, Labour's shadow justice secretary, said: "The Tory-led government's human rights commission appears in disarray. Reports of resignations and tensions are a symptom of the coalition placing their survival ahead of fundamentally important issues like human rights protection."
The spokeswoman said: "We are aware that there have been some internal difficulties within the commission on process rather than policy. The Ministry of Justice has received a letter to that effect from the commissioners and we will be responding in due course." A spokeswoman for the Ministry of Justice said she was aware of problems within the commission but that Dr Pinto-Duschinsky's letter of resignation had not yet been received.
It is understood that Sir Leigh Lewis, the chairman of the commission, and six other members wrote to Clarke saying that Pinto-Duschinsky's presence was "impeding its progress". "We are aware that there have been some internal difficulties within the commission on process rather than policy," she said. "The Ministry of Justice has received a letter to that effect from the commissioners and we will be responding in due course."
A spokeswoman for the commission said that it "is making good progress on its work and will continue to do so". It is understood that the chairman of the commission, Sir Leigh Lewis, and six other members wrote to Clarke saying that Pinto-Duschinsky's presence was "impeding its progress".
She added: "We have already discussed the issues of parliamentary sovereignty and democratic override at length. The commission will issue its final report to government by the end of the year in accordance with its terms of reference." A spokeswoman for the commission said that it was making "good progress on its work and will continue to do so".
"We have already discussed the issues of parliamentary sovereignty and democratic override at length," she said. "The commission will issue its final report to government by the end of the year in accordance with its terms of reference."