PM will not let independent UK be bound by ‘abusive’ European human rights laws
BRITAIN is preparing to reject EU demands to guarantee that the UK will continue to be bound by European human rights laws once the country becomes fully independent, The Sunday Telegraph can disclose.
This newspaper understands that British negotiators will refuse to accept proposed clauses in a post-Brexit trade agreement that would require the UK to remain signed up to the European Convention of Human Rights (ECHR) – leaving the door open to break away from the treaty as soon as next year.
The move is threatening to cause a major row within the Government, with some figures strongly opposed to the country leaving the convention, which was signed after the Second World War to safeguard rights across the continent.
Several Cabinet ministers, including Priti Patel and Dominic Raab, have previously warned that the ECHR has been repeatedly “abused” by European judges. Dominic Cummings, the Prime Minister’s most senior adviser, has attacked the European Court of Human Rights in Strasbourg for judgments, based on the ECHR, requiring the UK to give prisoners the right to vote, and blocking the deportation of “dangerous” foreign criminals.
Writing in 2018, Mr Cummings said: “If I get involved in politics again, then a referendum on the ECHR should be high on the agenda – and bear in mind most people probably think we’re already leaving it because of the 2016 referendum, so imagine how mad they’ll be when they realise we’re still in it.”
The European Commission’s formal negotiating mandate, published last week, revealed that the EU is seeking clauses in the bloc’s trade agreement with the UK that would automatically end all “law enforcement co-operation
and judicial co-operation in criminal matters” if the UK were to “denounce the ECHR”. It also wants provisions requiring the suspension of co-operation between EU and UK authorities if Britain repeals the Human Rights Act – the legislation allowing British courts to apply the ECHR.
The Sunday Telegraph understands that Mr Johnson’s negotiating team, led by David Frost, his EU adviser, will reject demands for the clauses, so that the UK can be free to leave the ECHR or repeal the Human Rights Act at a later date.
A Tory source described the demands as “inappropriate”, stating: “We will uphold human rights in our way.” The UK’s mandate contained no reference to upholding the convention in the future.
Mr Raab, now the Foreign Secretary, and Ms Patel, the Home Secretary have previously called for the Human Rights