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[ban-all-sheds]

With Brexit the UK will have the opportunity to create a new Human rights act designed for the 21st century, no more loopholes for foreign terrorist's to exploit.

Please explain how we will have such an opportunity.

 

[motorbiking]

Quite a lot of the act will need to change.

 

[ban-all-sheds]

Which Act?

 

[motorbiking]

The one you are talking about. https://www.legislation.gov.uk/ukpga/1998/42/contents

I can't imagine it will work like that post-brexit, if there is a Brexit.

 

[ban-all-sheds]

Why would it not work the same post-Brexit?

 

[Newboy]

https://www.theguardian.com/law/2018/jan/13/brexit-eu-human-rights-act-european-charter

 

[ellal]

Seems to me that those who advocate the trashing of the human rights act don't understand that it's protections apply to themselves, and the garbage they read about in the right wing press is simply a manipulation/misrepresentation of the overall idea...

Unless of course said advocates believe they aren't human and deserve no rights themselves?

 

[Vinty]

you don't approve of courts, then.

Nothing wrong with courts, it's the abuse of the HRA is the problem.

 

[JohnD]

please explain what the abuse is that you know about.

 

[motorbiking]

it’s not about advocating trashing it, it’s simply a fact that it will have to change.

 

[ban-all-sheds]

The Human rights act ... a new Human rights act ...A new HRA

...the Strasbourg Court's decisions regarding Abu Quatada.

https://www.legislation.gov.uk/ukpga/1998/42/contents

I can't imagine it will work like that post-brexit, if there is a Brexit.

...the abuse of the HRA is the problem.

So repeatedly you three are talking about, naming and actually citing the Human Rights Act.

NotSoNewboy then links to an article talking not about the HRA, but the EU Charter of Fundamental Rights.

https://www.theguardian.com/law/2018/jan/13/brexit-eu-human-rights-act-european-charter

• The Human Rights Act puts into UK law the provisions of the European Convention on Human Rights. Which is not an EU convention.
• The ECHR emanates from the Council of Europe. The Council of Europe is not an EU institution.
• The Article 50 process takes us out of the EU. It will not take us out of the Council of Europe.
• Abu Qatada's appeal against deportation was made on the basis of the HRA, not on any EU laws.
• The judges in Strasbourg were judges in the European Court of Human Rights, not the European Court of Justice. The European Court of Human Rights is not an EU institution.
• When/if we leave the EU, we will still be subject to the jurisdiction of the European Court of Human Rights in Strasbourg.

Why don't you three know these things?

 

[motorbiking]

Why do you think we don't?

You've missed the relevant point of the argument, again.

It will need amending to incorporate the missing rights, when it gets amended do you think it will be compatible with "taking back control of our laws" etc.

Hence - I can't imagine it will work like that post Brexit.

 

[Newboy]

Why don't you three know these things?

So Brexit would have no effect on current UK human rights legislation?

 

[ban-all-sheds]

Why do you think we don't?

How about because of the way you conflate legislation which we have because we are members of the Council of Europe with that which we have because we are members of the European Union.

It will need amending to incorporate the missing rights

No, "it" won't.

The HRA (which is what you have all been talking about, as the quotes above make abundantly clear) will not need to change because none of its provisions or its actual existence are in any way predicated on EU laws/regulations/charters or our membership of the EU.

There will be other areas where people currently have rights because of those things, and which the government plan to remove in a few weeks time, where they will "need" replacing, but don't be too surprised if somehow there is never enough time for that to happen, particularly given the stated desire of the Brexanatics for a low-tax, low-regulation regime.

when it gets amended do you think it will be compatible with "taking back control of our laws" etc.

The HRA is "An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes."

They are not going to start amending that to shoehorn in provisions which are not already in the European Convention on Human Rights, and they are for sure not going to give the "judges in Strasbourg" (i.e. the European Court of Human Rights) jurisdiction over more UK laws.

Hence - I can't imagine it will work like that post Brexit.

Are you ever going to put forward a convincing justification for the argument that the HRA will change post Brexit?

 

[ban-all-sheds]

So Brexit would have no effect on current UK human rights legislation?

It will have an effect on rights which we have under the Charter of Fundamental Rights of the European Union.

It will not have any effect on rights which we have under the European Convention on Human Rights. And it is to those which you have been referring:

Not so much the provisions but, for example, the interpretation of the 'right to family life' to prevent the effective removal of convicted criminals.

Or follow the Strasbourg Court's decisions regarding Abu Quatada.

Abu Qatada could have appealed to the European Court of Human Rights whether we were members of the EU or not, whether we had been members at any time in the past, or not, or whether we had never been members at all.

The Strasbourg Court would have had jurisdiction whether we were members of the EU or not, whether we had been members at any time in the past, or not, or whether we had never been members at all.

Their decisions would have been the same whether we were members of the EU or not, whether we had been members at any time in the past, or not, or whether we had never been members at all.