header-logo header-logo

06 May 2016 / Michael Zander KC
Issue: 7697 / Categories: Features , Public , Brexit
printer mail-detail

Theresa May up a gum tree

nlj_7697_zander

Michael Zander QC on the Home Secretary’s attempt to justify withdrawal from the ECHR while remaining in the EU

Theresa May certainly got a reaction when she urged last week (25 April) that while remaining in the EU, the UK should withdraw from the European Convention on Human Rights (ECHR). In her first speech of the EU referendum campaign, Mrs May said we should leave the ECHR because “it can bind the hands of Parliament” and “makes us less secure by preventing the deportation of dangerous foreign nationals”.

She was swiftly and categorically slapped down by Michael Gove, Secretary of State for Justice, the minister in charge of the topic, who told MPs that he agreed with former Attorney General Dominic Grieve. “Both of us believe that we should remain within the European Convention on Human Rights”. His junior minister, Mr Dominic Raab, and the present Attorney General, Mr Jeremy Wright QC, responding to an urgent question in the Commons on 26 April both confirmed that the government’s policy was to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll