Theresa May Plans To Make Chucking Foreign Criminals Out Of Britain Easier. Pity She Won’t Be Able To Implement It
Thomas Mathew writes from London: Well, how about that woman, Home Secretary Theresa May! Not only is she looking slimmer these days, as one nasty looking opposition MP has noted recently, as if it’s a bad thing, but she has signalled her determination to make the procedure of chucking foreign criminals out of Britain much simpler. The idea is to pass a law that would make article 8 of the Human Rights Act (HRA) that stipulates the right for family life irrelevant in cases of deportation of criminals.
It so happens that last year Mrs May did instruct the British courts to ignore clause 8 while handling deportation orders of foreign criminals, but her wisdom was widely ignored. The Home Secretary got very upset with the judges, accusing them of undermining her instructions. The problem was, of course, that the judiciary were right and she was wrong, as her guidance carried no legal weight, having nothing to do with primary law.
The fact of the matter is that Mrs May has either forgotten or missed it when she was in opposition, but it so happened that Tony Blair and his New Labour comrades had arranged for the HRA to be incorporated into British law in 1997. And since then the British judiciary was bound to take into account the articles of the HRA, whether it made sense or not.
So to blame the judiciary for letting foreign criminals off the hook is a bit rich. It was Mr Blair and his commissars who started preventing judges interpreting our Common Law while ensuring that they continue as they always done to uphold Statute Law, however badly it had been drafted by the legislators, which now has the Human Rights Act incorporated in it. So there is nothing that the judges can do when it comes to deciding on the fate of immigrants, who have committed serious crimes, when their lawyers appeal to their clients’ human rights.
That is an obstacle that the British government itself has erected and has not yet removed. Until the HRA is revoked in full by parliament this situation will continue. Because even if foreign criminals are ordered to be kicked out of Britain, they can always appeal to the European Court of Human Rights in Strasbourg and get their sentences quashed.
Mind you, revoking the HRA would be tough to achieve, with those human rights martyrs, Nick and the gang, not keen on seeing any changes made. Especially, as I have heard, the current government is looking at ways to give people even more rights, including the right to roam naked wherever they want, enjoying their new found freedom. With that sort of attitude it’s hardly sensible to expect anything smacking of common sense to originate in the depths of the current administration.
Still, top marks to Mrs May for making an effort. Even though it was destined to fail.