The United National Association must be concerned for the rule of law, which is at the foundation of our vision of international relations. In that light we should perhaps ask ourselves whether we in Britain are currently at a dangerous turning point. Let us remind ourselves of four recent events –
v On 9th December the Law Lords found that Home Office immigration officers operating at Prague airport had systematically discriminated on racial grounds against passengers of Roma origin who were seeking to travel to the UK. They did this, according to the judgment of Lady Hale, because as regards granting leave to enter the UK, ‘they were treating Roma more sceptically than the non-Roma, because they were Roma’
So it appears that Home Office immigration officials abroad have been acting outside the Race Relations Acts, which they must now respect
v On 14th December the High Court found that where foreign nationals were detained in an overseas prison over which British troops had ‘effective control’ the Human Rights Act applies. Amongst other things this means that where a death occurs in such custody – as happened last year in the case of an Iraqi hotel receptionist - it must be properly investigated. The court found the investigation that was carried out to be dilatory, one-sided and lacking independence
It seems then that the principles of human rights reach further than some people imagined. A ministry of defence official said that they would have to ‘reassess all [their] procedures’
v On 15th December the home secretary resigned, not because of his private life, but because he had abused his office through directly or by inference giving civil servants to understand that he wished a visa application in which he had a private interest to be given priority. The prime minister said that the home secretary left office with his ‘integrity intact’
v On 16th December, the Law Lords found that the power under the 2001 Anti-Terrorism, Crime and Security Act (ACTSA) which had permitted foreign nationals suspected of ‘terrorist offences’ to be held indefinitely without trial was contrary to the Human Rights Act. Lord Hoffman remarked that the ‘real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these’
So far the government has refused to release those held in Belmarsh prison under the ATCSA. The foreign secretary has said that the Law Lords’ ruling was ‘simply wrong’
In a liberal democracy, the legislature makes law, the executive implements it and in disputed cases the judges clarify the meaning of the law. In Britain at this moment, however, it seems that not content with its stranglehold over the legislature through patronage and a disproportionate system of representation, the executive has effectively ignored the law in fundamental respects and is now preparing to defy the judiciary outright.
My question is therefore: are we seeing an incipient coup by the executive against the other branches of government?
Roger Hallam
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