The news that convicted sex-offenders are to be given the right to appeal their life-time requirement to sign on the sex-offenders’ register has prompted tabloid Paedogeddon and a reprive of the pre-election Tory policy of a British Bill of Rights. This usually comes up in Conservative circles when some Euro-Judge decides some vexatious piece of law which apparently flies in the face of mob rule natural justice. The Daily Mail cliche that “the Human rights of criminals have become more important than those of their victims” is, as ever, complete bollocks. In this instance there is no European element, as the judgement was handed down by the UK’s supreme court applying British Law, the Human Rights Act 1998 – something Conservatives get worked up about too, because this too is seen as a dastardly Euro-plot to undermine common law.
I have no problem with the ruling. It does seem manifestly unfair that a man with no sexual interst in children will be on a list which in public immagination lumps him in with predatory paedophiles, for the rest of his life with no right of appeal, and may therefore get lynched one day when such information is leaked to the baying press. You don’t need to do much to get put on the sex offenders’ register, and the fact that it’s harder to get off than the cold-call list from alternative telecoms providers does fly in the face of the principle that some offenders can be rehabilitated.
On the recent ECHR ruling I have little problem with prisoners being allowed the vote. On the other hand, the restriction of the franchise is not an unreasonable punishment. It takes a court to decide who’s right, and only a vindictive bastard or rights obsessive gets worked up one way or the other. The point is that I would prefer a court rooted in British law, applying law drafed in accordance with the principles of common, rather than continental, law and subject to the Crown in Parliament, to decide rather than some unaccountable foreign body accountable only to itself.
The point to make is that a British Bill of Rights would put human rights law firmly within the British legal system, rather than being an impostition flowing from our membership of the EU. This is why I support a British Bill of Rights to replace the Human Rights Act 1998. However The British Bill of Rights will still enable judges to consider the rights of Sex offenders to appeal against a lifetime of second-class citizen status. British judges will still find in favour of the rights of Prisoners to vote. The idea that the rulings the Supreme Court interpreting the Bill of Rights come up with will be any different to the current system interpreting the Human Rights Act is risible.
Indeed a Bill of Rights which didn’t allow rulings to displease The Sun would not be worth the paper it’s written on.
These rulings are not “legislating from the bench”. It is application of principle, which get lost in the hurly-burly of politics. Politicians who think that the ‘primacy of parliament’ means legislating vindictively in a manner likely to appease the Sun newspaper’s ‘hang em & flog ’em’ approach to criminal justice will be dissapointed. The only difference will be the a reaffermation of the supremacy of British law within the UK, so criminals will still get “rights”, but the Sun will no longer be able to blame “Europe” for this, so I suspect the policy’s most voiciferous supporters today should be careful for what they wish.
http://bracken.uk.com/wp-content/uploads/2011/02/UK-Supreme-Court.jpg00Malcolm Brackenhttp://bracken.uk.com/wp-content/uploads/2017/07/logo-2.pngMalcolm Bracken2011-02-17 10:15:002017-07-21 01:43:50A British Bill of Rights.