Friday, June 17, 2022

Migrant ruling sparks UK threat to ditch European court


The judges of the court are political appointees who often have little judicial background. More on the dubious background of many of the judges here

Britain has refused to rule out abandoning a European human rights pact after a judge dramatically blocked the government’s plan to fly asylum-seekers to Rwanda, sparking fury among Conservative Party MPs.

Home Minister Priti Patel said the government “will not be deterred from doing the right thing” and that plans for further flights “have already begun”.

But government sources have said the Home Office would not book another flight until it was sure it would not be grounded by judges in Strasbourg.

The last-gasp intervention by the European Court of Human Rights (ECHR) forced the government to cancel the first flight on Tuesday night, after the number of claimants aboard had ­already been whittled down by UK legal challenges.

Ms Patel attacked the “usual suspects” among lawyers’ firms and rights groups for defying the “will of the British people”, as well as “evil” gangs behind a flourishing cross-Channel trade in migrants.

The court is unrelated to the EU, which Britain left in January 2020. But Tory backbenchers, fresh from rebelling in large numbers against Prime Minister Boris Johnson’s leadership, said the ruling infringed on British sovereignty.

“Yes, let’s withdraw from ­European Court of Human Rights and stop their meddling in British law,” MP Andrea Jenkyns tweeted, echoing others in the party and banner headlines in right-wing newspapers.

Attorney-General Suella Braverman said many in Britain would be frustrated at the role played by a “foreign court”.

“We are definitely open to ­assessing all options available as to what our relationship should be, going forward, with the European Court of Human Rights,” she told BBC Radio.

The European convention was enshrined in British law in 1998 by Tony Blair’s Labour government. It notably underpins the Good Friday Agreement of the same year, which brought peace to Northern Ireland after three decades of bloodshed.

The Prime Minister’s spokesman said “we keep all options on the table” to facilitate the deportation plan.

“We would do nothing that would in any way jeopardise the Good Friday Agreement.”

Mr Johnson’s government is already in a bust-up with the EU over post-Brexit trading rules for Northern Ireland, and critics ­allege it is picking a separate fight over asylum-seekers to distract from economic trouble and political scandals.

The convention has been used frequently by human rights lawyers to frustrate Mr Johnson and

Last month, in the Queen’s Speech opening a new session of parliament, the government committed to replacing the 1998 act with a new bill of rights.

Mr Johnson’s maternal grandfather, James Fawcett, helped to write the European convention and was the commission’s president for a decade in the years after World War II.

Anneke Campbell, a cousin to Mr Johnson’s late mother, wrote in the Byline Times newspaper last week that Fawcett would have been “appalled” at the government’s actions.

Under Britain’s agreement with Rwanda, all migrants arriving illegally in the UK are liable to be sent to the east African nation for processing and settlement.

More than 10,000 migrants have crossed the Channel from northern France since the start of the year.

On Wednesday about 150 more people including two dozen children were taken ashore in the English port of Dover from two dinghies that appeared partially deflated.

Enver Solomon, head of Britain’s Refugee Council, said the ever-rising numbers of crossings disproved the government’s claims that it was putting people-smugglers out of business.

Its determination to press on with the Rwanda plan heightened “the human suffering, distress, and chaos the threat of removal will cause with far-reaching consequences for desperate people”, he said.

Various legal challenges had highlighted concern over human rights in Rwanda. But the government in Kigali insists it is a safe country.

https://www.theaustralian.com.au/world/migrant-ruling-sparks-uk-threat-to-ditch-europena-court/news-story/a291947aad5dbc3c3356338e86b97db0

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