header-logo header-logo

Raab takes aim at human rights

06 October 2021
Issue: 7951 / Categories: Legal News , Human rights , Constitutional law
printer mail-detail
Dominic Raab has used his first Conservative Party conference speech as Lord Chancellor to announce an ‘overhaul’ of the Human Rights Act before the next general election

While the Conservative manifesto promised to ‘update’ the Act, the details are not known. An independent Human Rights Act review is yet to report. As a backbench MP, however, Raab said he opposed the Act and didn’t believe in economic and social rights.

Giving the example of a ‘drug dealer convicted of beating his ex-partner, a man who hadn’t paid maintenance for his daughter’, who then successfully claimed the right to family life to avoid deportation, Raab said: ‘We’ve got to bring this nonsense to an end…we will overhaul the Human Rights Act, to end this kind of abuse…and restore some common sense to our justice system’.

However, human rights lawyer Shoaib Khan, principal, SMK Law, has since tweeted the case involved a 20-year-old who came to the UK aged three, had close family in the UK, showed little risk of returning to his drug offences, was remorseful and was a caring father according to evidence from his ex-partner. Khan said the case is ten years old and the law has since changed.

Raab confirmed plans to fit some offenders with ‘sobriety tags’, and announced a £30m investment to ‘make streets safer at night’ and introduce a 24/7 rape and violence hotline.

The Bar Council has warned that an extra £2.48bn is needed to return the justice system (excluding police funding) to the levels of 2010, before a decade of cuts to the justice budget began. The calculation, in its Spending Review submission, comes after official statistics showed a rise to more than 60,000 outstanding Crown Court cases during the second quarter of 2021.

Responding, Shadow Justice Secretary David Lammy said: ‘After 11 years of Tory government, court backlogs have reached record levels, violence and self-harm in prisons have soared, rape convictions have plummeted, and many women have lost confidence in the criminal justice system.

‘Yet instead of addressing any of these problems, the new justice secretary chose to focus on vague threats to take away ordinary people’s rights.’

Issue: 7951 / Categories: Legal News , Human rights , Constitutional law
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll