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Tories 'would curb human rights rulings' from Europe Tories 'would curb human rights rulings' from Europe
(35 minutes later)
The Conservatives say plans to stop British laws being overruled by human rights rulings from Strasbourg are "viable and legal".The Conservatives say plans to stop British laws being overruled by human rights rulings from Strasbourg are "viable and legal".
Justice Secretary Chris Grayling said if the Tories won the election, a new Bill of Rights would give UK courts and Parliament the "final say".Justice Secretary Chris Grayling said if the Tories won the election, a new Bill of Rights would give UK courts and Parliament the "final say".
There should be no "legal blank cheque to take human rights into areas where they have never applied", he said.There should be no "legal blank cheque to take human rights into areas where they have never applied", he said.
Both Labour and the Lib Dems have criticised the plans. Among critics of the plans are former attorney general Dominic Grieve.
Labour and the Lib Dems have said the proposals are politically motivated.
The Conservatives have long pledged to scrap the 1998 Human Rights Act, introduced under the Labour government, which incorporates the European Convention on Human Rights into British law.The Conservatives have long pledged to scrap the 1998 Human Rights Act, introduced under the Labour government, which incorporates the European Convention on Human Rights into British law.
'Common sense' 'Ultimate arbiter'
If they form the next government, they plan to replace the Human Rights Act with a British Bill of Rights.If they form the next government, they plan to replace the Human Rights Act with a British Bill of Rights.
They have also said a future Conservative government would be prepared to exercise its right to withdraw from the European Convention if Parliament and the British courts could not get the "final say" over laws applying to the UK.They have also said a future Conservative government would be prepared to exercise its right to withdraw from the European Convention if Parliament and the British courts could not get the "final say" over laws applying to the UK.
Mr Grayling told BBC Radio 4's Today programme that the Court had "moved a long way away" from the principles of the 1950 Convention, to which the UK was one of the original signatories.Mr Grayling told BBC Radio 4's Today programme that the Court had "moved a long way away" from the principles of the 1950 Convention, to which the UK was one of the original signatories.
He said human rights laws should apply in only the most serious cases and should be more clearly defined to stop courts applying them to "whole new areas of public life".He said human rights laws should apply in only the most serious cases and should be more clearly defined to stop courts applying them to "whole new areas of public life".
"I think the people of this country believe that... decisions on these things - such as whether prisoners should be sent to jail for the rest of their lives without the chance of release and whether prisoners should be given the vote... should be addressed in our courts and in our Parliament.""I think the people of this country believe that... decisions on these things - such as whether prisoners should be sent to jail for the rest of their lives without the chance of release and whether prisoners should be given the vote... should be addressed in our courts and in our Parliament."
Under the plans, Strasbourg would not be able to require the UK to change British laws, with its judgements being treated as "advisory" and the UK's Supreme Court being "the ultimate arbiter" on human rights matters.Under the plans, Strasbourg would not be able to require the UK to change British laws, with its judgements being treated as "advisory" and the UK's Supreme Court being "the ultimate arbiter" on human rights matters.
Mr Grayling said: "We have taken strong legal advice on this. The attorney general has looked at our plans and agreed they are fine, viable and legal."Mr Grayling said: "We have taken strong legal advice on this. The attorney general has looked at our plans and agreed they are fine, viable and legal."
'Benchmarks''Benchmarks'
The Conservatives say they will publish a draft British Bill of Rights and Responsibilities before Christmas - and will publish a strategy paper on Friday.
However, Tory MP and former attorney general Dominic Grieve said that in many cases there was a "mass misunderstanding" of what the European Court of Human Rights does.However, Tory MP and former attorney general Dominic Grieve said that in many cases there was a "mass misunderstanding" of what the European Court of Human Rights does.
He told the Today programme that while some of the court's findings had been "mistaken", others had proved to be "benchmarks in improving human rights throughout Europe".He told the Today programme that while some of the court's findings had been "mistaken", others had proved to be "benchmarks in improving human rights throughout Europe".
"It is right to say that on a daily basis the court is producing decisions of great importance in improving human rights in Europe, which are inevitably ignored here because they tend to concern countries in Eastern Europe," he said."It is right to say that on a daily basis the court is producing decisions of great importance in improving human rights in Europe, which are inevitably ignored here because they tend to concern countries in Eastern Europe," he said.
Mr Grayling said he disagreed with Mr Grieve over the issue. Mr Grieve said the Conservatives' blueprint published on Friday contained "a number of howlers" and "factual inaccuracies" about recent judgements - something that Mr Grayling disputes.
Shami Chakrabarti, director of Liberty, told the BBC's Daily Politics the plans were "about judge-bashing".
She said: "Under the Human Rights Act, the Supreme Court only has to take account of rulings of the Strasbourg court."
BBC political correspondent Iain Watson said the Conservatives would be prepared to leave the European Convention on Human Rights altogether if that was considered necessary to curb the powers of the Strasbourg court.BBC political correspondent Iain Watson said the Conservatives would be prepared to leave the European Convention on Human Rights altogether if that was considered necessary to curb the powers of the Strasbourg court.
But he said the Conservatives could implement their plans only if they won an outright majority at the next election, as their Liberal Democrat coalition partners - and the Labour opposition - were against the move.But he said the Conservatives could implement their plans only if they won an outright majority at the next election, as their Liberal Democrat coalition partners - and the Labour opposition - were against the move.
'Disaster''Disaster'
Shadow justice secretary Sadiq Khan said the Human Rights Act was, to all extent and purposes, a British Bill of Rights.Shadow justice secretary Sadiq Khan said the Human Rights Act was, to all extent and purposes, a British Bill of Rights.
Of the 1,700 cases brought against the UK government last year, he told the BBC, only eight had been upheld.
"The truth is that our courts have been free to interpret rulings by the European Convention on Human Rights for 50 years - the Human Rights Act did nothing to change that fact," he said."The truth is that our courts have been free to interpret rulings by the European Convention on Human Rights for 50 years - the Human Rights Act did nothing to change that fact," he said.
"The European Court of Human Rights does need reform, which is why Labour has called for Strasbourg to do more to improve the quality of its judges and apply 'the margin of appreciation', giving member states the wriggle room to interpret decisions appropriately."The European Court of Human Rights does need reform, which is why Labour has called for Strasbourg to do more to improve the quality of its judges and apply 'the margin of appreciation', giving member states the wriggle room to interpret decisions appropriately.
"But leaving the ECHR, which the Tories appear to be proposing, would be a disaster for this country - putting Britain in the same bracket as Belarus, Europe's last remaining dictatorship.""But leaving the ECHR, which the Tories appear to be proposing, would be a disaster for this country - putting Britain in the same bracket as Belarus, Europe's last remaining dictatorship."
And Lib Dem minister Simon Hughes said the "hard-won" rights should not be sacrificed for short-term political reasons. 'Hard-won'
And Lib Dem minister Simon Hughes said "hard-won" rights should not be sacrificed for short-term political reasons.
"These plans make no sense - you can't protect the human rights of Brits and pull out of the system that protects them," he said."These plans make no sense - you can't protect the human rights of Brits and pull out of the system that protects them," he said.
"Europe's human rights laws were designed by British lawyers to reflect British values of justice, tolerance and decency.""Europe's human rights laws were designed by British lawyers to reflect British values of justice, tolerance and decency."
Shami Chakrabarti, director of campaign group Liberty, told the BBC's Daily Politics the plans were "about judge-bashing" and the Supreme Court only has to "take account" of Strasbourg rulings at present.