Terror laws ‘not incompatible’ with human rights
The Liberal Democrats have hit back at suggestions that judges should refrain from using the Human Rights Act to oppose anti-terror legislation.
Tory leader Michael Howard today warned that “aggressive judicial activisim”, empowered by the act, was threatening parliament’s ability to pass the anti-terror legislation needed to ensure Britain’s security.
But Lib Dem president Simon Hughes insisted judges were a vital part of the political system and acted as a check on misuse of powers by ministers, particularly in enforcing the act.
“Until we have a written constitution and bill of rights, British judges are the peoples’ best safeguard against misuse of power by ministers and failures to guarantee human rights by parliament,” he said.
“The worst signal we could send across the world at this moment is that terrorists can force us to give up any of the basic rights or freedoms, which are the hallmarks of secure democracies.”
Writing in The Telegraph, Mr Howard reiterated his demand for a review of the Human Rights Act and, if necessary, a repeal of the law altogether.
He expressed his support for the prime minister, who said last week that he would consider amending the act if that was the only way of deporting terror suspects or people inciting terrorism from Britain.
But Mr Hughes denied that strengthening powers to deport people was incompatible with human rights legislation, which prohibits sending deportees back to a country where they may face torture.
“Keeping the European Convention on Human Rights and the Human Rights Act does not mean that people who are not British citizens cannot have conditions placed on their right to come here or stay here,” he said.
“Liberal Democrats have made clear our support for tighter rules governing foreigners who want to come to Britain.
“We are actively considering the government’s recent proposals and will be discussing with ministers ways of protecting Britain from people whose presence is not conducive to the public good.”
Civil liberties groups have warned the government must not sacrifice freedom when tackling terrorism, and Amnesty International in particular is concerned about the possibility of amending the Human Rights Act.
UK director Kate Allen said: “Some rules have not changed. Torture is wrong, and always will be. Justice and the rule of law remain fundamental values at the very heart of our society.”
