Recent Tragic Misrepresentation of the Human Rights Act

Our legal system is broken. It’s been messed up by those meddlesome Europeans and do-gooders who want to give rights to criminals, instead of punishing them.  Our system needs the Tories to knock some sense back into it, by sending Europe, and its silly conventions, back where they came from.

NickyMorganMP

So they want us to believe.

But is there some truth to it?

Well if the case quoted today is the best example of the failings of the Human Rights Act, I guess not.

Nicky Morgan MP, Secretary of State for Education, graduate in Jurisprudence of St Hugh’s College, Oxford and former corporate lawyer, discussed the issue on Radio 4’s “World at One” this lunchtime.

Asked if she supported leaving the European Convention on Human Rights, she answered as follows:

Well, I support getting some sense back into the way that the human rights legislation is applied in this country. An example that was given today… people who have committed terrible crimes… I think we’ve seen the coverage of a recent tragic case where a young girl was knocked down and then because it took so long to come to court, at that point the man was able to plead “right to family life”.
Well what about the right to the family life of the parents who lost their young daughter? And that’s the sort of thing that I think people want to see – we’ve made a clear manifesto commitment….”

She didn’t mention names, but the only case I can find which fits her description is the one of Aso Mohammed Ibrahim, an immigrant who ran down a girl, Amy Houston, while driving illegally in 2003. Not exactly ‘recent’, but there you go.

More here.

It is an appalling story. Ibrahim ran away from the scene, leaving Amy for dead under his car. She died later in hospital. Your heart has to go out to Amy and her family.

But Ibrahim didn’t get away with it. It didn’t “take so long to come to court”.

Ibrahim was prosecuted and served a prison term for his crimes. (It wasn’t a particularly long term, but that’s good old home-grown British law for you; no one is suggesting the HRA had any bearing on his punishment.)

He was prosecuted, he was convicted, he was punished.

But the father of Amy Houston campaigned for Ibrahim to be deported. Here the HRA did make a difference: it helped Ibrahim fight deportation under Article 8 (the ‘family life’ bit) because he had two children in the UK. But he had already been tried, punished and served his sentence. Deportation was not part of his punishment. The HRA had no bearing on his punishment.

But if you heard Nicky Morgan on the radio today, telling her story unchallenged, you’d think otherwise.

You’d think this was a recent case.

You’d think Ibrahim got off scot-free, all because of the Human Rights Act.

You’d think he was never prosecuted, or found guilty, or punished.

You would want the HRA taken out and shot.

Your blood would be boiling in exactly the way Tory scaremongers like Nicky Morgan want it to boil.

And let’s be candid: you’d be believing a bogus story about the Human Rights Act, told by a lawyer and Secretary of State.

A story so bogus as to be little short of a lie.

 

UK residents: you can hear the BBC interview here, at 17 minutes in.

P.S.
There’s a pattern in the way politicians are using phoney “commonsense arguments” to try to undermine things they don’t like, whilst covering up their genuine reasons and intent. A similar strategy is being deployed in the current attack on the BBC’s licence fee – see my take here.

Playing the Man

It is extraordinary that David Cameron has refused to debate Ed Miliband head-to-head.

You don’t need me to tell you that his gamesmanship around the debate proposals reveals so much about the man.

This decision alone should cost him the election.  (Never mind what his government has done, or what it would do if – shudder – it were restored to Downing Street.)

But NOW Cameron is saying he is going to play dirty.  He’s been advised not to get personal, but he’s not going to take that advice.  “Because when it comes to who’s prime minister, the personal is national.”

Ed Miliband needs to be shot down, personally, in the national interest.  I play the man, not the ball, in the national interest.

But a head-to-head debate?  Between the two candidates for Prime Minister of Great Britain?

No national interest there.

 

 

 

Normal Humans

Politicians don’t talk straight.  It drives us mad.

But when they do talk straight – usually in error – we punish them for it.

What’s all that about?  It’s hugely interesting, not least because it reminds us that we, the public, are part of the dynamic that produces the political environment we so love to hate.

So I was delighted to see an article by David Mitchell on this very subject in today’s Observer.

The article cites David Cameron’s declaration that he would not go for a third term as prime minister as a paradigm case of a politician being punished for candour.

David Mitchell’s argument is that we should give Cameron’s straightforward answer an ovation; instead politicians (and we) have hauled him over the coals.

Anonymous LibDems and Tory MPs were appalled by Cameron’s statement.  (“It was an ‘oh fuck’ moment” said one Tory.)  And Labour’s election boss, Douglas Alexander, is singled out in Mitchell’s article for extended criticism.

Surely, argues Mitchell, Alexander knows that Cameron was answering a question predicated on public endorsement – therefore it is disingenuous to suggest that he answered the question with hubris.

So this whole affair is “a nasty Westminster squall,” the kind of thing that puts us all off politics.

But Hang On A Minute.

Did you see Gogglebox?  It is a brilliant show because it gives the sofa reactions of families at home to drama and news.  You see the patterns instantly.

Gogglebox

And when the Gogglebox families watching the kitchen interview heard Cameron’s answer to the third-term question, they all railed!  What!  He shouldn’t be talking about a third term when we haven’t even settled this election yet!  Who does he think he is!?

It wasn’t just a Westminster squall.  It was also an unaffected public reaction on sofas around the country.

That doesn’t prove it was a justified reaction.  Mitchell may be wrong about it being a phenomenon peculiar to the Westminster village, but right about it being a reflection of our irrational expectations of politics.

But Mitchell is wrong on that too, isn’t he?  He argues that Douglas Alexander would have hated the answer just as much if David Cameron had said yes, he would go for a third term.  His conclusion is that Alexander would only have been happy if Cameron had not answered the question at all.  “The likes of Alexander” do further damage to our already-discredited system, “insulting” us and wasting our time.

But this lament entirely misses the possibility of the “normal human” response from Cameron which, I’m afraid, we did not get.  Cameron did not, as Mitchell suggests, have a choice between irritating obfuscation and the clarity of “no”.

Because the normal human response would have been, “I haven’t had a second term, yet!”

That’s what you or I would have said.  It’s what Prime Minister David Mitchell would have said.

If pressed for more, we’d have said, “If I get a second term, that might be enough for me, and then it might be time to give another leader a go.”

That response would’ve had the candour and honesty Mr Mitchell craves.

And it would have been modest.   Not falsely modest.  Just normally modest.

Stripped of the element of presumption in skipping five years of assumed premiership without comment, that response would have offended precisely nobody.

Cameron did not give the “normal human” response.  The folk at home on sofas, the politicians in Westminster, and above all the opposition’s chief election strategist, have a right to react in the way that they did.