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| Conservatives '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. |
| Among critics of the plans are former Attorney General Dominic Grieve. | Among critics of the plans are former Attorney General Dominic Grieve. |
| Labour and the Lib Dems have said the proposals are politically motivated while UKIP have claimed they are "worthless". | Labour and the Lib Dems have said the proposals are politically motivated while UKIP have claimed they are "worthless". |
| The Conservatives have pledged for a decade 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 pledged for a decade to scrap the 1998 Human Rights Act, introduced under the Labour government, which incorporates the European Convention on Human Rights into British law. |
| PDF download Conservatives' human rights proposals[221 KB] | PDF download Conservatives' human rights proposals[221 KB] |
| In his speech to the Conservative conference on Wednesday, David Cameron said if his party forms the next government, it will replace the Human Rights Act with a British Bill of Rights. | In his speech to the Conservative conference on Wednesday, David Cameron said if his party forms the next government, it will replace the Human Rights Act with a British Bill of Rights. |
| 'Ultimate arbiter' | 'Ultimate arbiter' |
| The Tories have also said they would be prepared to exercise their right to withdraw from the European Convention if Parliament and the British courts could not veto laws from applying to the UK. | The Tories have also said they would be prepared to exercise their right to withdraw from the European Convention if Parliament and the British courts could not veto laws from applying to the UK. |
| The Council of Europe, comprising European Convention member states, said it was "inconceivable" that the UK, as a founding member, could leave. | The Council of Europe, comprising European Convention member states, said it was "inconceivable" that the UK, as a founding member, could leave. |
| Analysis by legal correspondent Clive Coleman | Analysis by legal correspondent Clive Coleman |
| The European Convention on Human Rights was concluded in the aftermath of World War Two, drafted by British lawyers and supported by Winston Churchill. | The European Convention on Human Rights was concluded in the aftermath of World War Two, drafted by British lawyers and supported by Winston Churchill. |
| It enshrined human rights that applied equally to all, the good guys and the bad guys. | It enshrined human rights that applied equally to all, the good guys and the bad guys. |
| The UK signed up to that and to a 'club', The Council of Europe, whose members work cooperatively on matters relating to human rights and the rule of law across Europe. | The UK signed up to that and to a 'club', The Council of Europe, whose members work cooperatively on matters relating to human rights and the rule of law across Europe. |
| A condition of membership is abiding by the decisions of the European Court of Human Rights. | A condition of membership is abiding by the decisions of the European Court of Human Rights. |
| These proposals address what is described as mission creep, decisions of that court into areas never intended. | These proposals address what is described as mission creep, decisions of that court into areas never intended. |
| They amount to saying, we want to change the rules of the club as they apply to us and we want to be able to limit human rights in respect of some people who abuse their responsibilities. | They amount to saying, we want to change the rules of the club as they apply to us and we want to be able to limit human rights in respect of some people who abuse their responsibilities. |
| The Conservatives say they'd write the text of the European Convention into UK law, but with limitations on some rights. | The Conservatives say they'd write the text of the European Convention into UK law, but with limitations on some rights. |
| But critics say this is human rights "a la carte", and that it is not legally possible without the UK leaving not just the Council of Europe, but the EU. | But critics say this is human rights "a la carte", and that it is not legally possible without the UK leaving not just the Council of Europe, but the EU. |
| Clive will be answering your questions on Twitter between 1400 and 1500 BST. | Clive will be answering your questions on Twitter between 1400 and 1500 BST. |
| But Mr Grayling told BBC Radio 4's Today programme that the European Court of Human Rights, whose role it is to apply the rights set out in the European Convention, had "moved a long way away" from its founders' principles. | But Mr Grayling told BBC Radio 4's Today programme that the European Court of Human Rights, whose role it is to apply the rights set out in the European Convention, had "moved a long way away" from its founders' principles. |
| Human rights laws, he said, should apply in only the most serious cases and be clearly defined to stop courts applying them to "whole new areas of public life". | Human rights laws, he said, should apply in only the most serious cases and be 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" rather than binding. | Under the plans, Strasbourg would not be able to require the UK to change British laws, with its judgements being treated as "advisory" rather than binding. |
| The UK's Supreme Court would be "the ultimate arbiter" on human rights matters. | The UK's Supreme Court would be "the ultimate arbiter" on human rights matters. |
| Mr Grayling added: "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 added: "We have taken strong legal advice on this. The attorney general has looked at our plans and agreed they are fine, viable and legal." |
| However, Tory MP Dominic Grieve - who was sacked as attorney general in July - said that in many cases there was a "mass misunderstanding" of what the European Court of Human Rights does. | However, Tory MP Dominic Grieve - who was sacked as attorney general in July - said that in many cases there was a "mass misunderstanding" of what the European Court of Human Rights does. |
| Recent ECHR rulings include: | Recent ECHR rulings include: |
| 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 Grieve said the Conservatives' blueprint published on Friday contained "a number of howlers" and "factual inaccuracies" about recent judgements - something that Mr Grayling disputes. | 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. |
| BBC political correspondent Iain Watson 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. | BBC political correspondent Iain Watson 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 European Court of Human Rights needed reform but the Human Rights Act was, to all intent and purposes, a British Bill of Rights. | Shadow justice secretary Sadiq Khan said the European Court of Human Rights needed reform but the Human Rights Act was, to all intent 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. | 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. |
| "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." | "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." |
| 'Hard-won' | 'Hard-won' |
| And Lib Dem minister Simon Hughes said "hard-won" rights should not be sacrificed for short-term political reasons. | 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." |
| The UK Independence Party said the European Court was now "integrated" within the European Union and the UK would be bound by its provisions unless it pulled out of the EU. | The UK Independence Party said the European Court was now "integrated" within the European Union and the UK would be bound by its provisions unless it pulled out of the EU. |
| "This is red meat for the troops before an election, but will turn out to be thin gruel if they ever try to enact it," said its leader Nigel Farage. | "This is red meat for the troops before an election, but will turn out to be thin gruel if they ever try to enact it," said its leader Nigel Farage. |
| The Council of Europe said the proposals were "not consistent" with the European Convention while Amnesty International said human rights "should not be dragged into Britain's internal debate on Europe". | The Council of Europe said the proposals were "not consistent" with the European Convention while Amnesty International said human rights "should not be dragged into Britain's internal debate on Europe". |