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UK opting out of EU human rights safeguards

16 September 20200 comments

UK Prime Minister Boris Johnson looks set to withdraw the nation from long-standing European human rights laws in a move which could make it easier to deport migrants.

The UK’s cabinet is considering opt-outs from the Human Rights Act (HRA) in areas t believes European judges have ‘overreached’, according to reports in UK media.

The human rights legislation was signed into British law in November 1998 to incorporate rights set out in the European Convention on Human Rights.   

An opt-out could prevent a significant number of migrants and asylum seekers from using the legislation to avoid deportation from the UK.  

The move could also protect British soldiers from claims against their overseas activities, it was reported.

It is understood details of a formal review will be announced in the coming weeks.

The Conservative manifesto had promised to ‘update’ the Act after Brexit, but negotiators in Brussels want the UK to commit to the ECHR as part of the terms of a Brexit trade deal.

The Brexit trade talks were plunged into crisis this month over the details of financial services, fisheries environmental and competition arrangements

The EU wants the UK to sign up to strict rules on fair and open competition, so if British companies are given tariff-free access to the EU market, they cannot undercut their rivals.

The UK government has rejected this. The political declaration it agreed with the EU last year did speak of level playing field commitments but after winning the last election it has toughened up its position.

Instead, Mr Johnson has said he would create an independent system that would uphold the UK’s international obligations and not undermine European standards.

The government says it will decide in June 2020 “whether good progress has been possible on the least controversial areas of the negotiations” (which it defines as things like financial services and data) and if not, it will start to focus on preparing for a new relationship without a formal free-trade deal.

Either way, says Mr Johnson, a new relationship will begin on 1 January 2021.

His critics accuse him of recklessness, but the prime minister says he has “no doubt that in either case the UK will prosper”.