Plans to scrap the Human Rights Act (HRA) and replace it with a British Bill of Rights would make the principle of free speech a legal ‘trump card’ – according to Dominic Raab.
The proposals, which the government says will ‘restore a proper balance between the rights of individuals, personal responsibility and the wider public interest’, were put out to consultation at the end of last year.
Speaking to the Daily Mail, Justice Secretary Mr Raab expressed concerns that ‘free speech and democratic debate’ were being ‘whittled away’.
He told the newspaper: ‘Whether [it’s] ‘by the privacy issue or whether it’s wokery and political correctness. I worry about those parameters of free speech being revoked.
‘The thrust [of the Bill] is going to be making sure that when we balance rights – whether it’s the right to free speech and the right to privacy or other rights – we make sure that the greatest overriding importance and weight is attached to free speech.
‘Effectively free speech will be given what will amount to ‘trump card’ status in a whole range of areas.’
This is despite the European Convention on Human Rights, which is enshrined into UK law through the HRA, stating the freedom of expression ‘may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law’.
However, Mr Raab also went on to add the government’s proposals to ditch the HRA would still prevent the incitement of violence or promotion of terrorism.
The deputy prime minister continued: ‘We will still be clamping down on those who try and use either media or free speech to incite violence, to radicalise terrorists, or to threaten children. All of those safeguards will be in place.
‘But we’ve got to be able to strengthen free speech, the liberty that guards all of our other freedoms, and stop it being whittled away surreptitiously, sometimes without us really being conscious of it.
‘So it will have a different status in the pecking order of rights and I think that will go a long way to protecting this country’s freedom of speech and our history, which has always very strongly protected freedom of speech.’
Mr Raab’s criticism of ‘woke’ culture – which is defined as being alert to issues relating to racial and social justice – comes despite Boris Johnson speaking out in support of it.
In an interview in January last year, the prime minister said ‘there’s nothing wrong with being woke’ as he was asked to comment on US President Joe Biden.
It isn’t the first time Mr Raab has spoken out against the HRA, as a resurfaced video from 2009 sees him declare that he ‘does not support’ the legislation.
He also added he doesn’t ‘believe in economic and social rights’.
Proposals to reform the 1998 law have also been published at the same time as the government continues to push the Police, Crime, Sentencing and Courts Bill through Parliament.
The Bill – currently in its final stage before becoming law – looks to ‘make provision about the maintenance of public order’, with restrictions on noisy demonstrations if they cause ‘serious disruption’.
The measures have faced strong condemnation from campaign groups, with Liberty claiming the limits on noise would ‘strike at the heart of what makes protest effective’.
Sam Grant, head of policy and campaigns at the human rights group, said: ‘It’s vital that we continue to fight to keep [these new powers] out of the Bill.
‘Protest is a right, not a gift from the state – and we must ensure that our right to make our voices heard is not taken away.’
Elsewhere, it was revealed by The Telegraph in November that Whitehall had banned civil servants from inviting ‘woke’ speakers to host private talks in departments.
The UK government’s consultation on the HRA closed earlier this month, but has since been extended to April 19 for those who would benefit from easy read and audio versions of the questions.
It comes after the Ministry of Justice drew criticism from charities for publishing the accessible documents on March 8, the day the consultation was due to close.
The British Institute of Human Rights, which was among those who criticised the lack of an easy read document, said of the government proposals: ‘[They] have no democratic legitimacy, no clear evidence base and would have wide-ranging effects, making it harder for all of us across the UK to access our rights.
‘Far from supporting a culture of respect for human rights in the UK, these proposals … are a power-grab by the UK Government – a power-grab disguised as “restoring control”, which would decrease accountability of the state, increase reliance on the European Court of Human Rights and make it harder for people to access their rights and to access justice when rights are risked.’
Meanwhile, the Equality and Human Rights Commission said in its consultation response that some proposals ‘could have the effect of reducing human rights protections in the UK’.
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