UK & World News

  • 20 November 2011, 1:38

UK Set To Overrule Euro Court On Immigration

UK judges will soon have the final say when ruling on immigration cases, according to the Justice Secretary.

The major legal reform would stop the European Court of Human Rights overruling the decision of British judges.

Ken Clarke has disclosed an agreement is expected to be reached that would prevent individuals being able to repeatedly challenge deportation rulings, according to The Daily Telegraph.

The deal is set to be agreed at a conference in London next April.

Mr Clark said it would end the situation where "everybody who's just lost his arguments about deportation should be able to go there and get in the queue, wait a few years to get it all reheard again when he's lost the argument three times already" in the UK.

In an interview with the Telegraph Mr Clarke added: "What we are trying to do is get the role of the court sorted out so that it deals with serious human rights issues of the kind that require an international court.

"We want the court back to its proper business as an international court which takes up serious issues of principle when a member state or its courts, or its parliament, are arguably in serious breach of the (European Human Rights) convention."

Britain took over chairmanship of the Council of Europe, which oversees the court, at the beginning of November and will be in charge for six months.

"To get any decision out of any international body usually takes at least 20 years," Mr Clarke told the newspaper.

"You would take the first two years trying to agree to where to put the commas in the memorandum. (But) it's not like that.

"A lot of member states have been pushing for similar things, and a lot of them believe a British chairmanship is the best time to deliver it, and they think we're the best hope of drawing this to a conclusion."

Mr Clarke added: "The term human rights, it gets misused. There is a tendency in this country for the words human rights to get thrown about as much as health and safety. Both of them get hopelessly misused.

"When some official, some policeman, whoever, has made some mistake in taking some absurd decision, the first thing they do to fend off criticism is to blame it on health and safety and blame it on human rights.

The truth is that someone's made a pig's ear in the office."

what do you think?

14 comments

RICK DALE

8:22am on 19/11/2011

happy days

Score: 1

Name witheld

9:03am on 19/11/2011

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Score: 1
2 replies

Name witheld

11:45am on 19/11/2011

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Score: 1

kco42cdo

3:55pm on 19/11/2011

ken w, if you can't recognise a typo keep quiet, otherwise you could be accused of talking carp

Score: 1

Robert MacDonald

9:44am on 19/11/2011

Don't want to appear pessimistic but I'll believe this when it happens. There's too many people getting rich on the back of this to just roll over

Score: 2

Mike McDonough

10:12am on 19/11/2011

With our soft touch judges I can't see any great change happening..I hope this is not the case we'll just have to wait and see.

Score: 1

Windows Live User

10:16am on 19/11/2011

Sounds like we are finally beginning to move somewhere. The people who hide behind immigration flaws to stay in this country must be shipped out no matter what they feel their circumstances are. Not born here then go home. Ship Britain is full

Score: 1

kiron.reid1

10:22am on 19/11/2011

This seems very sensible. If there is a real issue let it go to the European Court of Human Rights. If there is making the same argument again and again that has failed in stacks of cases then stop it. Sarah, Britain was an architect of the ECHR that largely reflects British values, and a British judge sits there, but the system needs reform. Robert, some lawyers do make money out of taking hopeless cases - occasionally those cases succeed but a reform could stop the abuse that Ken Clark talks about. Mike, I agree have to wait and see but do look at the Sentencing Council website about judges. I don't agree with some of their arguments or how they present them but go to an event in your town and put your point of view. <a href="http://sentencingcouncil.judiciary.gov.uk/" rel='nofollow'>http://sentencingcouncil.judiciary.gov.uk/</a>

Score: 2
1 reply

Name witheld

11:43am on 19/11/2011

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chris

10:39am on 19/11/2011

He is right, right and right again! We have slid into a perfectly Bureaucratically controlled world where H&S and HR are always the first considerations. Woe betide any one who dares to hurry in! hence six hours spent gazing at the dying casualty down a hole. No! NO! mustn't touch, I have not yet completed my full assessment! Rules is Rules. How ridiculous. Whatever happened to common sense, initiative, intelligence and the occasional act of personal bravery? Answer - we got 'commissars' instead.

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Bernard Petrie

2:33pm on 19/11/2011

I agree with Ken. And I am not a Tory.

Adrian Wagstaff

10:55pm on 19/11/2011

We didn't originally join the European Economic Community so that we would instantly get millions of immigrants from OUTSIDE Europe. We joined the European Economic Community for the financial benefit of all member states. If Britain has taken over control of the chairmanship of the Council of Europe I don't want to see us granting ourselves more benefits than all other countries within the group. My ancestors didn't fight World War One and World War Two so I could sit here reading about how Europe is telling us who we can and can't allow into our country.

Score: 1
1 reply

Jonathan Goodwin-Self

1:35pm on 20/11/2011

We joined the Common Market which now is called the European Free Trade Association, however since then Our PMs have signed new treaties which gives 90% of law to Brussels. Lets leave the EU

Name witheld

10:59pm on 19/11/2011

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Name witheld

8:15am on 20/11/2011

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Jonathan Goodwin-Self

1:31pm on 20/11/2011

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gypsy56

5:17pm on 20/11/2011

Wasn't it the Politicians who agreed this in the first place - he's right about one thing though, they have made a pigs ear out of it ! Why would ANY country hand over its control to an outside (unelected) source in the first place. Would never have happened if they'd given us the referendum they had all promised during the elections. Not so much the blind leading the blind more the corrupt buying the corrupt!

Name witheld

7:52am on 21/11/2011

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