I ask this question because I have to confess, my understanding of what a Bill of Rights should be, seems to differ from that of the current Labour administration and I suspect, those views held by the other political parties.
I understood that the new British Bill of Rights was going to be based loosely on the classic Bills of Rights, from Magna Carta in 1215 to the English Bill of Rights of 1689, or perhaps the French Declaration of the Rights of Man and the Citizen of 1789 or the American Bill of Rights of 1791. Which was principally the protection of an individual’s liberty against the intrusive and interfering power of an overbearingstate. I figured that the government may seek to include some general human rights issues. Such as those included in the “Four Freedoms” speech by US President Franklin D. Roosevelt in his State of the Union address to Congress in 1941. Freedom of speech and expression, freedom of every person to worship, freedom from want and, of course, freedom from fear.
Instead, as I understand it, the intention is to bring in something of a ‘nanny state’ Bill of Rights. That is to say, that an individual shall have the right to, for example, a job, food, clothing & recreation. The right to a home, as well as economic support through old age, sickness or accidents. To education and medical care. As a quid pro quo, the government intend, as I understand it, to include “citizens responsibilities”. I simply cannot see how any government can guarantee these particular social and economic ”rights”. In my view, it can only ever be a statement of intent by the government, perhaps a modern day ‘mission statement’ if you will, but they cannot be legally enforceable rights?
As it is proposed, the whole thing is farcical, but not funny. This is because vast sections of the proposed new British Bill of Rights are unnecessary, in light of the fact that ’rights’, such as benefits payments and the minimum wage are already legally enforceable.
In my view, we need to go back to basics. The reason we need a new British Bill of Rights, is to protect us all from repressive, intrusive and unnecessary government sponsored legislation which seeks to treat every citizen as a potential suspect. The Big Brother Britain that has become our lot in life! The British public desperately and urgently need protection from the state itself. This is what I said a few months ago;
This Labour government and the European laws they have introduced into this country has slowly eroded our rights, diluted our ability to hold ministers to account and moved us towards a Police state. If ever there was a need to protect the public it is now. A Bill of Rights should be drawn up, it must then be put to the people of this country through a referendum and once accepted by the public, introduced immediately. Moreover, once introduced, it must take precedence over any other legislation intended to be brought into law, European or otherwise. Once these laws have been introduced, a Law Lord should be placed ‘in charge’ who’s duty should be to ensure that the Bill of Rights is upheld, that is to say, no new laws are introduced by successive governments or European ministers which would dilute the rights entrenched in our Bill of Rights, without a further referendum.
News that Gordon Brown and Jack Straw have been told by cabinet colleagues that their proposal, as it stands, is unworkable, comes as no surprise to me. This government has completely missed the point and so have many members of parliament who support a statement as opposed to an enforceable bill of rights. The people of this country have had to endure an increasing level of state interference in their everyday lives, from 4.2m CCTV cameras, to chips in rubbish bins. With proposals that include a massive Big Brother Britain database which would store information on calls, text messages, locations, emails and internet browsing habits. Airport scanners which see though clothes, identity cards which include our most private and intimate details. Our children from the age of 5, will be monitored by the state to include their most private details such as details on their mental health, sexual health or any substance abuse treatment. The list is endless, as is the number of ‘agencies’ that will have access to this information, some 700 as last count!.
I don’t know whether Gordon Brown and Jack Straw are being deliberately obtuse, or whether power has gone to their heads, but what is clear, is that the biggest danger to the citizens of this country is him, his government and their policy of systematically repressing the people of this country, to the extent that Privacy International were moved to say of us ”The worst ranking EU country is the United Kingdom, which again fell into the “black” category along with Russia and Singapore.” And that our “identity scheme is still planned to be the most invasive in the world, highly centralised and biometrics-driven“.
New Labour need to stop, listen to what WE want and then provide a British Bill of Rights that entrenches those values and freedoms. A Bill of Rights does not need to include mission statements, nor any statements of intent. Moreover, there is no need for it to attempt to provide unenforceable, wish-washy promises on economic or social issues, these are covered elsewhere. Instead, the British Bill of Rights needs to be a solid, unbreakable commitment by the government of the day to treat each if its citizens as individuals. It must reinforce the notion of ’innocent until proven guilty’ and not seek to do anything that would remove an innocent individuals right to privacy, self-respect and liberty.
Clearly this is sensitive issues and a personal perspective, so I do not expect everyone to agree with me. Perhaps some will believe that it should include social and economic commitments, my fear however, is as soon as you make something so all encompassing, it becomes a fully-fledged legal document rather that a unambiguous, bulleted statement of rights. Legal documents are a lawyers dream and a litigants worst nightmare, because the fuller the statements, the more opportunity to interpret, wriggle and overturn. We need, clear unambiguous statements!
We must not allow this opportunity to pass or turn into a typical New Labour fudge, all spin and no substance.
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