Sunday, 29 December 2013
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Different Kingdom: New Creation Revisited
Different Kingdom: New Creation Revisited: I actually wrote this last week but forgot to post it as Christmas took over! Belated Happy Christmas to all my readers. I said in my las...
Grayling fury at EU bid to bring in even more 'human rights': Justice Secretary says plan is 'absurd' power grab, Daily Mail
- If introduced, it is feared they could lead to a deluge of claims against businesses and the Government
- Contained in the EU's controversial Charter of Fundamental Rights
- Mr Grayling said the suggestion showed Eurocrats were aiming to create a European justice system that overrides domestic courts
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Chris Grayling today condemns Brussels over an 'absurd' proposal to bring dozens of new European human rights into British law
Justice Secretary Chris Grayling today condemns Brussels over an ‘absurd’ proposal to bring dozens of new European human rights into British law.
If introduced, it is feared they could lead to a deluge of claims against businesses and the Government.
The rights are contained in the European Union’s controversial Charter of Fundamental Rights. The UK opted out of the charter in 1998, but now the European Comission has suggested it could be imposed on all member states.
Mr Grayling said the suggestion showed Eurocrats were aiming to create a European justice system that overrides domestic courts.
‘This country never wanted a charter of fundamental rights and the idea we would sign up to changes that meant it took over our domestic laws is absurd,’ the Justice Secretary said.
‘The European Commission should stop trying to create a European justice system, and should let member states get on with solving the real challenges we all face.’ His intervention marks a significant stepping up in Tory efforts to demonstrate how they want a looser, more trade-based relationship with the EU ahead of the European elections in May.
Mr Grayling’s anger has been prompted by a document produced by the European Commission suggesting that the charter should apply in all member states.
The blueprint, which contains 54 provisions – including the right to strike and the right to collective bargaining – was attached to the EU’s controversial Lisbon Treaty.
The then PM Tony Blair told MPs it was ‘absolutely clear that we have an opt-out’ from the charter. But a new consultation document calls for it to be implemented throughout the EU.
It says people’s ‘interests in and expectations about the enforcement of fundamental rights by the EU are high’. It goes on to suggest that ‘one option would be to make all fundamental rights guaranteed in the charter directly applicable in member states.’
Mr Grayling's anger has been prompted by a document produced by the European Commission suggesting that the charter should apply in all member states
The Human Rights Act 1998 incorporated into our domestic law large parts, but not all, of the European Convention on Human Rights. Some parts were deliberately omitted by Parliament. The Charter of Fundamental Rights of the European Union contains all of the missing parts and many further provisions.
The new discussion document also suggests a stronger role for the EU Agency for Fundamental Rights, though it concedes the steps proposed would require the agreement of member states. Mr Grayling said a Tory-led government would never agree to the proposal to adopt the charter.
However, many of the rights in the charter would be greeted with delight by trade unions who are likely to pressure Labour to accept them.
In the field of employment law, the charter guarantees rights in areas such as collective bargaining, unjustified dismissal, ‘fair and just’ working conditions and maternity and parental leave.
Mr Grayling will play a key part in Tory efforts to rein in the influence of European human rights law, which has stalled under the Coalition because of the fierce resistance of the Liberal Democrats.
Earlier this year, Mr Justice Mostyn also expressed concern about the potential influence of the charter
The Justice Secretary is understood to be considering draft legislation setting out how a Conservative-only government would replace Labour’s Human Rights Act with a British Bill of Rights and reassert the authority of the Supreme Court over the European courts.
He argues that the creeping influence of European courts in British law is unacceptable and underlines the case for renegotiating Britain’s membership of the EU.
Earlier this year, a senior judge also expressed concern about the potential influence of the charter.
Mr Justice Mostyn’s comments came in a judgment on the case of an asylum seeker whose barrister cited the document in a failed bid to win his case.
The judge said he was ‘surprised, to say the least,’ by the claim, adding: ‘I was sure the British government had secured an opt-out at the negotiations of the Lisbon Treaty’. Yet the European Court had suggested that the opt-out ‘does not intend to exempt the UK from the obligations to comply with the provisions of the charter’.
The Conservative pledge is likely to be revived in the next Tory manifesto after being underlined by a draft Bill.
Some Tories – including several Cabinet ministers – want to go further and withdraw from the European Convention on Human Rights.
Last night a spokesman for the European Commission said: ‘This paper was published several months ago to stimulate debate at a conference in November.
‘It had a disclaimer saying it did not represent the position of the European Commission. Changes to the Charter – which covers only EU law – could indeed only be made if the UK signed up to them.’
Read more: http://www.dailymail.co.uk/news/article-2530182/Grayling-fury-EU-bid-bring-human-rights-Justice-Secretary-says-plan-absurd-power-grab.html#ixzz2omZ6OfSY
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