Vote to curb foreign criminals on human rights laws

In a vote that has strained relations between the Coalition parties, the Commons will soon decide on a new restriction on the use of the European Convention of Human Rights.

The Commons vote is also being seen as a test of the resolve of Conservative ministers who have made promises of action on the controversial ECHR.

Despite those promises, the Government was last night unable to say how, or even if, Conservative ministers will vote on the proposals, in a division that could come as soon as today.

More than 90 Conservative MPs have backed a legal amendment to deportation rules, which has been tabled by Dominic Raab, a Conservative backbencher, and David Blunkett, a former Labour home secretary. Article Eight of the convention, incorporated into British law through the Human Rights Act, says that everyone has the right to a family life.

That right has been successfully invoked by more than 450 foreign criminals facing deportation. They have invoked Article Eight to persuade British judges that because they have developed family ties in the UK, removing them from the country would infringe their rights.

The Raab-Blunkett amendment would change the UK Borders Act 2007 to restrict a criminal’s ability to invoke Article Eight rights when contesting removal from the UK.

It would also make it harder for potential deportees to argue that they cannot get a fair trial in their home country. That defence has been used by people including Abu Qatada, a radical Muslim cleric linked to al-Qaeda.

The amendment has been backed by 104 MPs, meaning John Bercow, the Speaker, is almost certain to call a vote on it.

A vote could come as early as today, but ministers were last night attempting to delay it until Monday.

The amendment will force Coalition ministers to decide whether to support the amendment, oppose it, or abstain.

The Liberal Democrats have said they oppose any move away from applying the ECHR in British law, but the Conservatives have strongly criticised the convention.

Some Conservative ministers have raised the prospect of radical action on the convention and the Human Rights Act. Chris Grayling, the Justice Secretary, has said that an all-Conservative government would repeal the HRA and implement the convention through a new law.

Theresa May, the Home Secretary, has raised the prospect of leaving the convention altogether. Such signals have fuelled talk of Mrs May as a future Conservative leader.

Mrs May has also promised changes to immigration rules to reduce the use of Article Eight, but admitted that it could be some time before her changes are in force.

Mr Raab, a former Government lawyer, said that his amendment would allow ministers to make good on their promises quickly and easily.

He said: "There's a lot of heady talk about radical human rights reform. This focused amendment would stop serious criminals making spurious family rights claims to trump deportation. It can be done without repealing the Human Rights Act, or withdrawal from the European Convention. So let's stop just talking about it, and start delivering."

(2013-03-12/telegraph)