Daniel Hannan is one of the most persuasive advocates of repealing the Human Rights Act. In this week’s Spectator he was at his most eloquent and self-confident best, urging Michael Gove to see off the “powerful, wealthy & articulate” lawyers that prefer the rule of Strasbourg to that of the English common law, and warning of the “vicious” response to be expected from lawyers who, he asserts, might say – and even believe – that they are “defending the independence of the judiciary,” but are in fact motivated by the need to pay their mortgages and school fees, which are currently funded by a “multi-million pound industry … around human rights law.”
That last bit about money is rather a cheap shot. The notion that the Human Rights Act has spawned a “multi-million pound industry” is pretty far fetched. Very few cases are brought because of the Human Rights Act, and in the field of criminal law, where I practise, virtually none at all. Although the Act occasionally crops up during a criminal trial, its abolition would make no difference whatsoever to the volume of my work, or to my income and nor would it make any difference to that of the vast majority of my colleagues, very few of whom, incidentally, could begin to afford school fees out of their earnings at the bar, which have shrunk steadily since the Human Rights Act was passed.Continue reading “If Michael Gove listens to Daniel Hannan’s honeyed polemic on Human Rights he really will get into a muddle”
The new Justice Secretary, Michael Gove, is probably the cleverest man in Mr Cameron’s new Cabinet.
That is just as well because he faces formidable problems: prisons groaning at the seams with frequently suicidal inmates, civil and criminal legal aid in a state of near collapse, criminal barristers threatening to strike, and many demoralised police officers wishing that they were allowed to do so.
Ed Miliband announced today that he has commissioned a giant 8′ 6” limestone slab bearing Labour’s “six election pledges” that is to be installed in the Downing Street Rose Garden if he becomes prime minister. He has promised, or perhaps one should say “pledged,” that the stone will be visible from offices inside Number 10 to remind him to keep his electoral promises.
It seems the height of hubris to have commissioned the massive monument before he has won the election.