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The National (Scotland)
The National (Scotland)
National
Steph Brawn

UK slammed over 'xenophobic' policies as Raab plots major human rights changes

Dominic Raab plans to introduce new legislation which would effectively ignore any further injunctions on migrant flights from the European Court of Human Rights

DOMINIC Raab has been slated by the SNP’s Joanna Cherry for planning to introduce legislation designed to speed up the removal of Channel migrants as part of a new Bill of Rights

The legislation, which is set to be unveiled next week, would include measures to effectively ignore any further injunctions from the European Court of Human Rights.

The Strasbourg court used orders to ground a flight that was set to take migrants to Rwanda on Tuesday.

Cherry has insisted the Deputy Prime Minister is only trying this on because the UK Government’s “nasty xenophobic policies won’t survive proper human rights scrutiny”.

Peers are, however, expected to block key reforms to the proposed legislation.

MP Cherry, who is the acting chair of the UK Parliament’s Joint Committee on Human Rights, said the Government should be focusing on providing more safe and legal routes for asylum seekers rather than their “failing” Rwanda scheme.

She said: “Dominic Raab just wants to change the rules because the UK Government’s nasty xenophobic policies won’t survive proper human rights scrutiny.

“Rather than wasting taxpayers money towards their failing Rwanda scheme the UK Government should provide more safe legal routes for asylum seekers in terms of their obligations under the European Convention of Human Rights and refugee convention.

“I’m acting chair of the Joint Committee on Human Rights and in our report on the Government’s proposed human rights reforms earlier this year we concluded the Human Rights Act is working well and doesn’t need to be changed.”

Justice Secretary Raab unveiled plans for a new Bill of Rights in the Commons in December to replace human rights laws.

He said it would allow the Government to deport more foreign criminals, prevent “spurious or unmeritorious claims”, reinforce the “quintessentially British right” of freedom of speech and ensure Parliament has the “last word on the laws of this land”.

He said it would "revise and replace the framework provided under the Human Rights Act”.

It prompted a backlash from campaigners who said the move was a “blatant, unashamed power grab from a Government that wants to put themselves above the law”. 

Setting out how the Government would address concerns that the Act has been “subject to abuse”, Raab said the plans will prevent criminals relying on Article 8 – the right to family life – to “frustrate their deportation from this country.”

Raab has said the UK would stay within the European Convention on Human Rights after calls from Tory backbenches for the UK to leave the treaty.

He said: “‘I don’t think that either in this case or in general it is right for the Strasbourg court to assume a power of injunction and then apply it.

“It’s not grounded in the Convention and I don’t think it’s right as a matter of policy. I certainly believe they should not have a legally-binding effect under UK law.”

He said it would not be possible to ignore the measures while the Human Rights Act remains in force but added ‘we will address this squarely with the Bill of Rights’.

Cherry said earlier this week: “It’s quite clear that if the UK left the European Convention on Human Rights it would leave a gaping hole in the Scotland Act which incorporates the convention into the domestic law of Scotland in so far as devolved matters are concerned, and breach the Good Friday Agreement which is a treaty binding on the UK under international law.

“Clearly this would increase the pressure for Scottish independence and Irish reunification.”

The Bill of Rights will also contain measures to make it easier to carry out deportations. It is expected to curtail use of the “right to private and family life” by foreign offenders.

It is expected to face extensive opposition in Parliament and already looks unlikely to become law until at least next year.

Home Secretary Priti Patel has said she wants to press ahead with the policy, which she says is essential to deter Channel migrants risking their lives in small boats.

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