Thursday 11 December 2008

Lord Lester quits

One of the eminent outsiders brought into Gordon Brown's "government of all the talents" has revealed that he quit in disgust at what he describes as Labour's "dismal" lack of political leadership on human rights.
Lord Lester, a Liberal Democrat and distinguished human rights lawyer, quit as the prime minister's adviser on constitutional reform a month ago. In a scathing attack yesterday, he revealed for the first time how he felt tethered by the government, describing its record on human rights as "dismal and deeply disappointing".
He was speaking on the 60th anniversary of the UN's declaration of human rights, and singled out the justice secretary, Jack Straw, for failing to produce a radical constitutional renewal bill or to defend the Human Rights Act.
Straw angered human rights campaigners by giving an interview in the Daily Mail this week in which he said many people felt the act, passed by the government in 1990 while he was home secretary, was perceived as a "villains' charter".
Lester angrily described the interview as a "sly attempt" to undermine public support for the act. Under the headline "Straw gets tough", the Mail described his pledge to "reform 'villains' charter' ".
Lester said: "The interview reports Jack Straw as blaming 'nervous' judges. In his effort to appease the editor of the Daily Mail, Paul Dacre, the justice secretary has undermined the Human Rights Act. That is a lamentable departure from his predecessors as lord chancellor, Lord Irvine of Lairg and Lord Falconer, who staunchly defended the Human Rights Act."
Lester went on: "In spite of its achievement in introducing the Human Rights Act, the government has a deeply disappointing record in giving effect to the values underpinning the Human Rights Act in its policies and practices. Through a lack of political leadership, it has also failed to match the expectations raised by the Governance of Britain green paper for much-needed constitutional reform."
Lester went on to criticise the government's failures to fight for human rights across a range of issues.
"The government could have celebrated Human Rights Day by defending the Human Rights Act against unfair attack. It could have celebrated by accepting the recommendations of the UN human rights treaty bodies, the joint committee on human rights and NGOs to allow the people of this country to exercise the right of individual petition against the government under the international covenant on civil and political rights, the convention for the elimination of all forms of racial discrimination, and the torture convention.
"The UK is alone in the European Union in refusing to do so in the case of the international covenant. And the government is judge in its own, rather than in the people's cause, in shielding itself in this way."
He said the government's failures to pursue constitutional reform were "why I decided, with regret, to cease to be a government-tethered 'goat' - that is, one of those flatteringly and misleadingly described as part of a government of all the talents". Lester is understood to be dismayed that Straw has allowed the constitutional reform bill not to find a firm slot in the Queen's speech, and fears the justice secretary is using his plans for a bill of rights and responsibilities to weaken rather than strengthen British commitment to human rights.
Speaking at an event to mark the 60th anniversary of the UN declaration, Gordon Brown struck a different tone from Straw, defending the Human Rights Act. The prime minister insisted it was a "shield and a safeguard for us all".
He said: "In a country like Britain with a strong tradition of democracy, it is all too easy to take our rights for granted."
But in comments after the prime minister, justice minister Michael Wills reminded the audience of government plans to overhaul the Human Rights Act (HRA), echoing Straw's remarks.
Wills said that although his government was proud of the Human Rights Act, it would be pushing ahead with plans to "build" on it.
He said: "We must recognise some people have misgivings because they don't see the responsibilities that inevitably accompany most rights and which are inherent in the HRA and we do have to address that."
Lord Lester is regarded as the founding father of the Human Rights Act and has a record of advising on the subject stretching back to his role as special adviser to then home secretary Roy Jenkins in the 1970s. One prominent lawyer described his decision to withdraw support for the government's planned "bill of rights" as "heartbreaking". He said: "Lord Lester wanted to believe in the capacity of Labour to build on human rights. This would have been a very difficult decision for him to take."
The Ministry of Justice said it would not be replacing him. "The government has no plans to appoint further advisers on the issue of constitutional reform," a spokesperson said in a written statement. "The justice secretary wrote to Lord Lester on November 20 expressing gratitude for his advice and assistance over the past 15 months."
A green paper is likely to be published in the new year including a bill on rights and responsibilities. There had been reports that cabinet-level disagreement had shelved the plans by the Ministry of Justice to bring forward the new bill as the country has slid into recession, with Wills reportedly despatched to sell the idea to other Whitehall departments.

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