GREATER protection for
freedom of thought, conscience, and religion was one of the ten
"pillars" of a Bill that would have replaced the Human Rights Act
with a UK Bill of Rights and Responsibilities. The Bill was given
its second reading in the House of Commons last Friday, but was
withdrawn at the end of the debate, and will not progress
further.
Presented by the
Conservative MP for Dover and Deal, Charlie Elphicke, the Human
Rights Act 1998 (Repeal and Substitution) Bill was a Private
Members Bill first introduced in June last year. It would have made
the UK Supreme Court the final court of law for human-rights
matters.
The Bill would have
repealed the entrenchment of the European Convention on Human
Rights in UK law. UK courts and public authorities would not have
had to ensure that their judgments were compatible with Convention
rights.
"Human rights today are
in crisis, with a substantial majority of British people regarding
the Human Rights Act as a charter for criminals and the
underserving," Mr Elphicke said last Friday. "A new settlement is
needed to restore trust and confidence in human rights."
He cited a poll by
YouGov, published in February last year, which found that 72 per
cent of respondents agreed that the Human Rights Act had become a
"charter for criminals and the undeserving". Among the cases that
had "undermined" the public's confidence was that of a Sudanese man
who was convicted of raping a 12-year-old girl: he could not be
deported owing to the risk of his being maltreated in Sudan.
Mr Elphicke, an
Evangelical, set out the "pillars" of the new settlement that he
was proposing. Among these was protection for freedom of thought,
conscience, and religion: "We have seen too much attack on people's
thoughts . . . too much in the way of aggressive secularism, which
has sought to attack the Church and attack people with deeply held
religious beliefs . . . they should be able to set out and preach
what they think."
But, he said, "We cannot
have a situation where freedom of religion could possibly be used
to promote terrorists." The Bill that he proposed would have
reduced the circumstances in which it was permissible to limit the
right to manifest religion to the cause or incitement of physical
harm to others.
Mr Elphicke said that the
Bill sought to ensure that "serious foreign criminals and persons
in the UK illegally should not be able to avoid deportation using
human-rights claims". It incorporated the right to use force
against intruders, and would have denied the right to vote to
prisoners, and those who are not British citizens.
It also precluded from
the prohibition of slavery and forced labour "any work or training
required to be performed as a condition of receiving a welfare
benefit".
The Bill's final Article set out six "basic responsibilities",
which, Mr Elphicke said, would be taken into account when a person
sought to claim one of the rights set out in the Bill. These
included "rendering civil or military service when his country
requires his support for its defence".