Mr Cameron, how do you feel about the Human Rights Act?
The HRA has discreetly been wiped off the agenda by the 'in' and 'out' parties. But politicians must address this issue, writes John Cooper QC
The HRA has discreetly been wiped off the agenda by the 'in' and 'out' parties. But politicians must address this issue, writes John Cooper QC
Some months ago, I met, by chance, one of the chief strategists behind the so-called Brexit campaign, to persuading me to leave the European Union. I brought up the Human Rights Act and he immediately said that their campaign would leave that well alone, in case campaigning to abolish it put off people who would otherwise vote for a Brexit.
It is clear now, after a few weeks of campaigning, that the government and David Cameron in particular are equally avoiding taking any position on this important piece of legislation. This is, no doubt, for precisely the same reason as the Brexiteers: a desire not to alienate otherwise sympathetic voters in the Referendum.
Interestingly, both camps are trying to attract the pro Human Rights Act voters to their cause. By not saying anything detrimental about it, the Brexit camp will not criticise it, and the 'in' campaigners are equally silent, despite negative comments from Cameron and his supporters in the past.
The truth is, Cameron has not changed his view that the Human Rights Act should be replaced by a British Bill of Rights, but he can't say that right now because it will be playing into the hands of the 'out' campaign. Even more revealing is how popular politicians from all sides feel about the Human Rights Act, in that Brexit do not think that overtly campaigning against it will attract them the level of support they need to win.
This is why we should put the Human Rights Act firmly back on the agenda again in the forthcoming weeks. We should press lead campaigners from both sides of the issue as to their views on the Act. In particular, it is simply not acceptable for the prime minister to lead the 'in' campaign and not let the voters know where he stands on the Act.
For many people this will be a determinative issue. If I am to vote to stay 'in', I do not want to wake up in the morning after that decision has been made, only to find a fresh round of Human Rights Act bashing.
So, I will start the ball rolling. Mr Cameron, if you want me to support you on Europe, will you uphold the Human Rights Act?
As for Brexit, state the obvious, please, and do not treat the electorate like imbeciles. State your view on the Human Rights Act.
Not that I expect any reasoned clarity on the point. I have already considered the arguments for and against the Act. What that article establishes is that there is a lot of misinformation out there about how the Human Rights Act affects us in our day-to-day lives. This deception is no more stark than on the question of sovereignty. Despite all the bluster that the Act dilutes national sovereignty, the contrary is true with clear statements at regular intervals from the European Court of Human Rights that domestic courts are the ultimate decision makers.
But, let's not let a good fear story about the Europeans taking over get in the way of a proper understanding of the issues.
There is no better time to get politicians to address important issues and to get concessions extracted from them than when they want our vote.
Let's seize the opportunity while we can.
John Cooper QC is a barrister practising from 25 Bedford Row