At the risk of sounding like a broken record, The Sun has got it badly wrong on human rights. Again. On 24 August 2014 Craig Woodhouse reported that “Euro judges go against UK in 3 out of 5 cases” (£). This is false and seriously misleading.
I explored this issue in detail back in 2012 when the Daily Mail as well as others claimed that the UK loses 3 out of 4 cases. Since that debacle, the European Court of Human Rights has produced some very clear documents on the statistics page of its website.
According to page 8 of this document, there have been 22,065 applications against UK 1959-2013. That means that 22,065 people or so have brought cases against the UK. Of those cases, there have been 297 resulting in a violation.
I am no statistician but 297 as a percentage of 22,065 is not “3 out of 5″. It is in fact 1.35%. Less than 2 in 100.
As a brief update to my post from last week. The Tricycle Theatre and the UK Jewish Film Festival have settled their differences after an agreement was struck to end the theatre’s refusal to host the festival.
Despite its previously robust defence of the decision, the Tricycle appears to have entirely relented on the issue of Israeli Embassy funding. A joint statement has been published, stating amongst other things:
‘Some weeks ago the UKJFF fell out, very publicly, with the Tricycle over a condition imposed by the Tricycle regarding funding. This provoked considerable public upset. Both organisations have come together to end that. Following lengthy discussions between the Tricycle and UKJFF, the Tricycle has now withdrawn its objection and invited back the UK Jewish Film Festival on the same terms as in previous years with no restrictions on funding from the Embassy of Israel in London. The UKJFF and the Tricycle have agreed to work together to rebuild their relationship and although the festival is not able to return in 2014, we hope to begin the process of rebuilding trust and confidence with a view to holding events in the future.
Updated | Here is a good example of how human rights myths spread. In October 2013 the Daily Mail and other newspapers published some totally misleading and inaccurate figures about European Court of Human Rights damages. The following month, after a complaint and a slap on the wrist from the Press Complaints Commission, the Mail corrected its figures – the full story is here.
By like a particularly troublesome zombie, or Theresa May’s (zombie?) cat, human rights myths have a tendency to rise from the dead and this case is no exception. On 13 August 2014 Stephen Pollard, writing in the Express, said this:
Last year for instance figures released in the House of Commons Library showed that murderers, paedophiles and rapists had been given £4.4million of British taxpayers’ money because of rulings by the ECHR. Abu Qatada himself received £2,500 before he was deported as compensation for what was deemed his unlawful detention.
Updated | It emerged on Tuesday the Tricycle Theatre in Kilburn has refused to host the UK Jewish Film Festival (UKJFF) for the first time in eight years. The theatre told UKJFF that they must reject longstanding funding from the Israeli Embassy if they wanted to use the venue. UKJFF refused and the relationship ended.
There has already been some excellent writing: see Nick Cohen, Archie Bland and Dorian Lynskey. Cohen makes a powerful case for the decision being anti-Semitic. I’m not going to go there, although as I have been saying on Twitter, in my view this is a bad move by the Tricycle. I thought it would be interesting, however, to investigate whether the Tricycle may have broken any laws.
With the May 2015 General Election looming, the battle for the future of human rights in the UK is hotting up. The Prime Minister has just sacked his long-standing Attorney General apparently because he disagreed with a mooted Tory manifesto policy which would, he rightly suggested, breach the UK’s international law obligations.
Meanwhile, over on what used to be Fleet Street,we can expect plenty of human rights misinformation and misrepresentation, as per usual. The Sun, a longterm offender, has been at it again with two recent articles. I thought it would be useful to respond in a bit of detail as they contain a number of common misrepresentations. And because they are behind a paywall, the usual army of Twitter fact checkers are left somewhat powerless.
Imagine you are on the board of large corporation. You attend the Annual General Meeting and asked the chief executive about that controversial tax avoidance scheme the company had been considering, but which the in-house legal team had advised against. The Chief Exec smiles and says that has been dealt with: “we just sacked the lawyers”.
The BBC is reporting what many suspected. Attorney General Dominic Grieve QC was sacked in order to clear the path for major reform of the relationship between the UK and the European Court of Human Rights. This is bad news, for the UK and potentially for the European Court of Human Rights too.
The Attorney General’s advice, which has been leaked to the BBC, was that plan to limit the power of the European Court of Human Rights were “incoherent” and a “legal car crash… with a built-in time delay“. Intriguingly, the BBC’s Nick Robinson also reports that William Hague, the now-former Foreign Secretary, also raised doubts over the plans.
Two fascinating speeches to recommend.
Lord Phillips, former Supreme Court President, gave a thoughtful speech at Kings College on whether human rights are a “force for good or a threat to democracy”. He expressed quite significant concerns over some recent Strasbourg decisions on jurisdiction, prisoner votes etc. (you know the drill – see Rosalind’s post on the other senior judges/former judges speaking their minds).
The conclusion he reaches, on balance but also with “no hesitation” is that “Europe needs the Convention and Europe needs the Court. … Strasbourg is a powerful force for good.“
I really must do a chart of the senior judiciary and ex-judiciary’s positions on Strasbourg. They are falling over themselves to express a view.
Meanwhile, over at the Law Society of Ireland, Lady Hale gave a speech on Freedom of Religion and Belief, which readers will know is one of this blog’s pet topics (see our other posts on religion).