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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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6
peucepetunias · 02/07/2023 19:07

peucepetunias · 02/07/2023 18:47

You are mistaken.

It is important to note that the European Convention on Human Rights is only one of a number of International Conventions and EU rules which stop the UK from doing things such as deporting people to home countries where they would face a real risk of torture.

So please stop promulgating this ill-informed nonsense about 'binning our rights'

In addition.

The ECHR has already interfered in UK governance by ECHR rulings that have required the UK Government to bring forward measures to give some prisoners the vote, despite Parliament voting explicitly against this.

ECHR decisions have gone beyond the original scope of the European Convention, changing the meanings of words (such as ‘home’, which is now deemed to include business premises), and developing new rights that are nowhere mentioned in the Convention itself (such as the right to respect for ‘personal development’) ??

The UK should leave the ECtHR and replace the Human Rights Act, seeking other ways to provide legal protection for individuals against abuses of state power. This would make the UK resemble other advanced Western nations which are not subject to supranational adjudication but have robust protections in place, such as Canada, Australia and New Zealand.

MargotBamborough · 02/07/2023 19:09

peucepetunias · 02/07/2023 18:47

You are mistaken.

It is important to note that the European Convention on Human Rights is only one of a number of International Conventions and EU rules which stop the UK from doing things such as deporting people to home countries where they would face a real risk of torture.

So please stop promulgating this ill-informed nonsense about 'binning our rights'

What EU rules? We have left the EU.

MargotBamborough · 02/07/2023 19:11

peucepetunias · 02/07/2023 19:07

In addition.

The ECHR has already interfered in UK governance by ECHR rulings that have required the UK Government to bring forward measures to give some prisoners the vote, despite Parliament voting explicitly against this.

ECHR decisions have gone beyond the original scope of the European Convention, changing the meanings of words (such as ‘home’, which is now deemed to include business premises), and developing new rights that are nowhere mentioned in the Convention itself (such as the right to respect for ‘personal development’) ??

The UK should leave the ECtHR and replace the Human Rights Act, seeking other ways to provide legal protection for individuals against abuses of state power. This would make the UK resemble other advanced Western nations which are not subject to supranational adjudication but have robust protections in place, such as Canada, Australia and New Zealand.

A supranational court system is what makes the rules robust. Otherwise there's too much risk of the country which is alleged to have infringed someone's human rights becoming the arbiter in its own dispute.

AgathaSpencerGregson · 02/07/2023 19:41

MargotBamborough · 02/07/2023 19:11

A supranational court system is what makes the rules robust. Otherwise there's too much risk of the country which is alleged to have infringed someone's human rights becoming the arbiter in its own dispute.

Translation: democratically elected governments might be able to make the rules in line with the mandate given them by their electorates. And we couldn’t possibly have that. Judges always know best.

MargotBamborough · 02/07/2023 20:08

AgathaSpencerGregson · 02/07/2023 19:41

Translation: democratically elected governments might be able to make the rules in line with the mandate given them by their electorates. And we couldn’t possibly have that. Judges always know best.

No. Back to school with you.

It means that if the government (democratically elected or otherwise) decides to infringe your human rights, you need a court that is completely independent from that government to help you enforce them.

pointythings · 02/07/2023 20:14

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Dymaxion · 02/07/2023 20:20

Significant numbers of people have come through the bespoke visa routes for people from Hong Kong with British National (Overseas) status (144,576 visas granted between 31 January 2021 – 30 September 2022), and the two Ukraine Schemes (186,893 visas issued since March 2022). And as at 24 November 2022, 12,300 people had been granted indefinite leave to remain under the two schemes for Afghan nationals.

Do you think it is possible that these schemes have skewed the immigration figures slightly ?
It always feels as though on the one hand the Conservatives say look at us and our humanitarian efforts, whilst not mentioning the impact on immigration figures and then in the next breath they say ' Boo immigration ' and then I heard a Conservative MP on radio 4 on Friday night stating that a deal with France had prevented huge numbers of people crossing the Channel.

And none of them seem to mention that higher education is largely funded by immigration, so the students from other countries who choose to study in the UK, who are also counted in immigration figures.

In all honesty I don't think one single thing will work.

I think employing more people to deal with the huge backlog that has built up in the immigration system, would be helpful, so the system works better overall.
Perhaps a system could be implemented to allow people to claim asylum from whichever country they are currently in , this could reduce the number of people with legitimate claims resorting to paying people smugglers ?
Most of these inflateables are probably produced in China, perhaps introducing a licence system so only certain people can buy them ? Any coming into countries could be seized at customs and held until a licence is shown ? The people smugglers don't appear to be reusing them, so lets make it prohibitively expensive for them to get the equipment.

TooBigForMyBoots · 02/07/2023 21:07

peucepetunias · 02/07/2023 18:47

You are mistaken.

It is important to note that the European Convention on Human Rights is only one of a number of International Conventions and EU rules which stop the UK from doing things such as deporting people to home countries where they would face a real risk of torture.

So please stop promulgating this ill-informed nonsense about 'binning our rights'

You haven't answered the question. How will binning our rights and sending a maximum of 200 asylum seekers solve our immigration woes?

OP posts:
pointythings · 02/07/2023 21:28

@TooBigForMyBoots c'est pour encourager les autres, of course. Or at least that's what they think. Stupid gits.

peucepetunias · 03/07/2023 08:55

MargotBamborough · 02/07/2023 19:09

What EU rules? We have left the EU.

The EU rules that are still on our Statute books that haven't been removed yet.

Leaving the EU doesn't make all the EU laws we have assimilated magically disappear!
So far only 1,000 pieces of (duplicate) EU legislation out of 4,000 have been removed.

pointythings · 03/07/2023 09:02

@peucepetunias are you one of those who thinks all of those laws should be removed, even if they are sensible, work well and will need to be replaced with a law that is identical in every respect except that it has the Union flag on it?

peucepetunias · 03/07/2023 09:15

pointythings · 03/07/2023 09:02

@peucepetunias are you one of those who thinks all of those laws should be removed, even if they are sensible, work well and will need to be replaced with a law that is identical in every respect except that it has the Union flag on it?

I didn't say that and kindly don't put words in my mouth. It doesn't matter what I think as Parliament has control of this issue.

The whole point of Brexit was to regain our sovereignty IMO.

Those laws that are now irrelevant, as non EU members, should be removed IMO.

The Retained EU Law (Revocation and Reform) Bill was debated on Thursday 2 March 2023 in Parliament and I suspect that is where the answers lie.
I don't have time to trawl through Hansard to study this, but feel free to do so and get the answers from the horses mouth.

MargotBamborough · 03/07/2023 09:26

peucepetunias · 03/07/2023 08:55

The EU rules that are still on our Statute books that haven't been removed yet.

Leaving the EU doesn't make all the EU laws we have assimilated magically disappear!
So far only 1,000 pieces of (duplicate) EU legislation out of 4,000 have been removed.

Which of those rules concern human rights?

peucepetunias · 03/07/2023 09:42

MargotBamborough · 03/07/2023 09:26

Which of those rules concern human rights?

I have no idea, why not ask your MP or look it up in Hansard ?

Randomiser13 · 03/07/2023 09:47

That is genuinely chilling. Even if you don't care about refugees and even if you happen to be Suella's long lost half sister please don't vote your human rights away. Their purpose is to protect us from the arbitrary power of the government and with the current government you can see why that is so important.

pointythings · 03/07/2023 10:39

@peucepetunias since you are someone who wants 'irrelevant ' laws removed it's rather on you to point out which laws those are. I didn't vote for the Brexit shitshow, so I am all for keeping those laws.

Ponoka7 · 03/07/2023 10:44

TooBigForMyBoots · 01/07/2023 15:20

If we vote to leave the ECHR the UK government would not be bound by its rulings and could do whatever it wants.

It's terrifying. I've read articles in the likes of the daily mail and they are going to sell this to the masses. In some cases they sell it on the back of bringing back capital punishment for child killers etc. Very few people who the public would rather them not exist, are never convicted of murder. Debating, discussion seems to be falling out of fashion and critical thinking skills are at an all time low.

MargotBamborough · 03/07/2023 10:58

peucepetunias · 03/07/2023 09:42

I have no idea, why not ask your MP or look it up in Hansard ?

Because I'm not the one claiming that the UK is still subject to the EU's rules concerning human rights, that's why.

The reason there are still over 4,000 retained EU laws in force in the UK is because they relate to utterly boring techy subjects which are of very little interest to anyone except a few very specialised boffins working in that particular area, but without which we would have massive holes in our legal system causing things we currently take for granted to just stop functioning.

Sorry, but replacing retained EU law in these areas with new, sovereign laws having exactly the same effect is just not a priority for the legislative agenda.

pointythings · 03/07/2023 11:25

@MargotBamborough once again 👏

KimberleyClark · 03/07/2023 11:31

TooBigForMyBoots · 01/07/2023 15:20

If we vote to leave the ECHR the UK government would not be bound by its rulings and could do whatever it wants.

Including bringing back capital punishment.

Notonthestairs · 03/07/2023 11:49

Surely withdrawing from the ECHR means we'd be in breach of the GFA?

pointythings · 03/07/2023 11:52

@Notonthestairs stop derailing the defenders of our precious sovereignty with inconvenient facts 😂.

peucepetunias · 03/07/2023 15:01

MargotBamborough · 03/07/2023 10:58

Because I'm not the one claiming that the UK is still subject to the EU's rules concerning human rights, that's why.

The reason there are still over 4,000 retained EU laws in force in the UK is because they relate to utterly boring techy subjects which are of very little interest to anyone except a few very specialised boffins working in that particular area, but without which we would have massive holes in our legal system causing things we currently take for granted to just stop functioning.

Sorry, but replacing retained EU law in these areas with new, sovereign laws having exactly the same effect is just not a priority for the legislative agenda.

Until the EU Retained Law Bill has passed through Parliament no-one know the answer to your question.

It will will change the way courts can depart from retained EU case law and
also change the way that some types of retained EU law can be modified, such as:

  • ‘downgrading’ retained direct EU legislation so this could be amended by secondary legislation
  • removing additional parliamentary scrutiny requirements that currently apply when modifying some types of EU-derived domestic secondary legislation

As yet the government has not published a list of all affected legislation, which is why I suggest you raise concerns with your MP as he/she should have had the briefing on this.

peucepetunias · 03/07/2023 15:03

KimberleyClark · 03/07/2023 11:31

Including bringing back capital punishment.

Some people might think is a good idea.

Notonthestairs · 03/07/2023 15:08

The GFA directly mentions it.

Rights under the ECHR can be relied upon in NI.
Rights under the ECHR must be applicable to everyone within the jurisdiction.

So if we leave we will be in breach.