• I’d like a Featherlight Brexit and no-one is offering it

    The trouble is, I agree with Mrs May.

    Oh, don’t get breathless and excited. I only agree with her about one thing. I don’t agree with her about the kind of country she wants us to live in. I don’t agree with her about the kind of Europe we are going to create. I don’t agree with her about the kind of economy that she wants, which I think will harm the poorest most.

    No, I simply agree with that most pathetic and seemingly banal political slogan – brexit means brexit. I wish I didn’t but I do.

    If the people of the UK voted for brexit then the UK has to come out of the EU. I don’t see any way of that being avoided with the possible exception of the government falling and a new election being fought entirely on the European question. However, that isn’t going to happen and so brexit really does mean brexit.

    There really is no having a referendum vote and ignoring it.

    I don’t know what was ever meant by a red, white and blue brexit but what I want is a featherlight brexit.

    I want a brexit that retains all the best of the relationship we have with the EU and which leaves the door open to rejoining after a period outside.

    However, that doesn’t seem available.

    I find it difficult to understand why there isn’t anything like that available politically.

    The Lib Dems seem in denial that the referendum on brexit actually means we are leaving.

    The Tory party seems mostly hell bent on the worst kind of brexit.

    The Labour party seems mostly hell bent on removing itself as a political force.

    The SNP seem to think that all that matters is whether or not it brings Scottish independence any further forward.

    Our First Minister seemed ruffled and unsure of herself today as though she had not had a script prepared for Theresa May’s well trailed speech. It seems to me that now is the time when we will see what kind of politician Nicola Sturgeon is. She’s been dealt a very rough hand and we’ve no idea whether she will play it well. You can’t really judge a politician by how well they play a good hand and she’s more or less had that up until now. Massive poll ratings and huge electoral success have been very impressive but I simply don’t believe she can win a better brexit deal for Scotland than the rest of the UK gets. To some extent the SNP have been living in a fantasy since the brexit vote.

    Ms Sturgeon’s hand might get very much worse this year. If there’s electoral success for the far right in either Holland or France then it is plain that the question will not be whether Scotland should be independent in Europe but whether there’s a Europe left which we want to be in.

    I want a brexit that means that people living in the UK from the EU can remain in the UK and vice versa.

    I want a brexit that retains interdependent trading with the UK and the EU.

    I want a brexit that leaves the door open to a reformed European project which seems inevitable and which Britain would be better engaged with than disengaged with.

    However, I don’t feel as though anyone is offering anything like what I want.

    Who will form the Featherlight Party with me?

     

     

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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