Lord Lester QC - Human Rights Lawyer

Download Subtitles

Transcript

:00:00. > :00:00.part of plans to save ?15 million. Outside sources coming up at nine,

:00:00. > :00:17.but now, it is time for HARDtalk. Welcome to HARDtalk, I am Stephen

:00:18. > :00:23.Sackur. Britain proudly claims to be the original land of liberty, King

:00:24. > :00:26.John had his authoritarian wings clipped, by his noblemen in the

:00:27. > :00:31.Magna Carta, eight centuries ago. And the rest, the rest is history.

:00:32. > :00:36.But how healthy are Britain's liberties today, for the past five

:00:37. > :00:41.decades, my guest, Lord Lester has been one of the country's foremost

:00:42. > :00:45.illegal champions of human rights and judicial independence. After

:00:46. > :01:00.scoring some famous victories, why is he sounding so alarmed?

:01:01. > :01:23.Lord Lester, welcome to HARDtalk. Thank you. The past 50 years or

:01:24. > :01:26.more, you have been fighting the good fight for human rights in the

:01:27. > :01:31.UK hands as I have just said you had scored some famous victories, it

:01:32. > :01:35.seems to me that yours is a story of relative success, why are you

:01:36. > :01:42.sounding so agitated, so worried about liberties in Britain today?

:01:43. > :01:47.Because although we have achieved much in 50 years, much that we have

:01:48. > :01:51.achieved is threatened. And I am very worried about that and

:01:52. > :01:56.therefore I have written a book in order to encourage young people, to

:01:57. > :02:01.fight for what we have fought for. That means understanding the past,

:02:02. > :02:04.it also means understanding what we have achieved and understanding what

:02:05. > :02:10.we still need to fight. Quite you talk about the book, the book is

:02:11. > :02:14.about five ideas, to fight for. That is really what it is for. These

:02:15. > :02:18.ideas are human rights, equality, free speech, privacy and the rule of

:02:19. > :02:22.law. Many people watching this programme around the world who will

:02:23. > :02:25.think that on all of those five criteria, Britain frankly compared

:02:26. > :02:34.to most countries in the world, scores pretty well? Well, I think

:02:35. > :02:38.that is probably true. But it doesn't mean to say, that in

:02:39. > :02:44.Britain, those ideas are not under threat. Because they are. For

:02:45. > :02:50.example. I took 30 years to get the Human Rights Act. The Human Rights

:02:51. > :02:54.Act is not like the constitutions of most democracies in the world, that

:02:55. > :03:00.are written which allow judges to strike down laws that are

:03:01. > :03:04.unconstitutional. Instead, we use the European Convention on human

:03:05. > :03:07.rights which is a treaty, and we don't allow allow judges to strike

:03:08. > :03:11.down laws, we do something more subtle, we allow the judges to

:03:12. > :03:17.declare that Acts of Parliament are not compatible with European rights,

:03:18. > :03:21.and it is for the government and parliament to decide what to do

:03:22. > :03:26.about it. What is now under threat, is that David Cameron's government,

:03:27. > :03:33.the present government have threatened in the manifesto, and I

:03:34. > :03:37.guess a beyond, to tear up the Human Rights Act, and produce a British

:03:38. > :03:42.bill of rights. And they have said that they will review whether we

:03:43. > :03:46.should be party to the European Convention on human rights. That

:03:47. > :03:53.pleases studio democracies, dictators, for example Russia. You

:03:54. > :03:59.are racing ahead like a wild horse. I am going like a torture. They're

:04:00. > :04:03.just take your points one by one. Very well. Let us be clear about

:04:04. > :04:08.what you are saying. The Human Rights Act which Tony Blair's

:04:09. > :04:11.government made law in 1998, in essence it incorporates European

:04:12. > :04:15.Convention on human rights into British law. You were a huge fan and

:04:16. > :04:20.one of the architects of doing that. Yes. But you just use some

:04:21. > :04:27.prejudicial language commies said that the Cameron government is

:04:28. > :04:31.threatening to scrappy Human Rights Act. Camera would not say it is a

:04:32. > :04:35.threat, he would say that it is a promise. He got a decent sized

:04:36. > :04:42.majority so it is not a threat, it is a promise? It is a promise that

:04:43. > :04:45.is also a threat because the threat is to replace it, we don't actually

:04:46. > :04:49.know what he said because they haven't yet come clean to what they

:04:50. > :04:56.propose. It may be that they won't come clean. Let me put some of his

:04:57. > :05:02.words into my mouth, he said before the election, he said "Let me put it

:05:03. > :05:06.very clearly, we do not require instruction from judges in

:05:07. > :05:11.Strasberg, this country will have a new British Bill of Rights, to be

:05:12. > :05:18.passed in our Parliament and rooted in our values. May I answer your

:05:19. > :05:26.question. By referring back to the past. When I came to the bar a very

:05:27. > :05:30.long time ago, British rights were very poorly protected. The judges

:05:31. > :05:34.were more executive minded than the executive. We had no fundamental

:05:35. > :05:40.rights guaranteed in law. Free speech for example, one of the

:05:41. > :05:44.rights I'm concerned about. Free speech is a political value but not

:05:45. > :05:49.a legal value, I did a case many years ago about the minimised, when

:05:50. > :05:54.the Sunday Times wanted to expose what was going on with the drug that

:05:55. > :06:01.cause monster birth. The morning sickness drug, damaging very badly.

:06:02. > :06:07.In those days, judges were so reactionary and blinkered, that they

:06:08. > :06:12.made an order, stopping the Sunday Times from publishing. We had to go

:06:13. > :06:17.to Strasbourg for a remedy. In those days, free speech was given very

:06:18. > :06:21.little weight. The same for the privacy and liberty and all of the

:06:22. > :06:24.other right. The government's counterargument is that in recent

:06:25. > :06:31.years, the European Court has first of all been trying to expand its

:06:32. > :06:33.remit, becoming a living institution, by expanding its

:06:34. > :06:38.interpretations of the European Convention on human rights and

:06:39. > :06:43.second of all, in particular instances, in cases of extremism and

:06:44. > :06:48.terrorism, the court has consistently blocked, the British

:06:49. > :06:51.government securing the interests of the British people by deporting

:06:52. > :06:56.suspected extremists. And that according to the Cameron government

:06:57. > :07:03.is just not acceptable. Nor is it true. Nor is it true. It depends on

:07:04. > :07:06.your values. If you believe that it is OK to deport unpleasant and

:07:07. > :07:13.dangerous people, to face the death penalty or torture in another

:07:14. > :07:17.country, then that would be true. But most people certainly in this

:07:18. > :07:21.country and across the world believe that you should not be exposed to

:07:22. > :07:25.the death penalty or torture, and what the Strasberg courts were

:07:26. > :07:30.saying, is that you can of course deport people, but what you can't do

:07:31. > :07:35.is send them to face torture or the death penalty. I do not regard that

:07:36. > :07:40.as an example, of illegal overreaching. But the British

:07:41. > :07:43.government, in a case of Abu Qatada, one of these individuals facing

:07:44. > :07:49.terror countries in his own country in Jordan, they did a bilateral deal

:07:50. > :07:53.with the Jordanians in which the Jordanians promised that they would

:07:54. > :07:59.not be using any form of abuse and torture and the British government

:08:00. > :08:04.sent him back, against the wishes... That was quite right. What they did,

:08:05. > :08:07.that agreement was fine. And eventually it passed muster under

:08:08. > :08:11.the European. Convention you say eventually but the fact is, that

:08:12. > :08:14.have the government not taken the initiative and it nor frankly dilute

:08:15. > :08:21.its coming out Strasberg that would not have happened. No, that is an

:08:22. > :08:25.example of a happy success. Layla the British government had enough of

:08:26. > :08:30.these convoluted and incredibly time-consuming happy successes. They

:08:31. > :08:34.want to route the British bill of rights in British values, and why

:08:35. > :08:38.should they say, why should they have to look to Strasbourg? We have

:08:39. > :08:43.got a very fine tradition dating back eight centuries of developing

:08:44. > :08:48.our own case law and president. We are around the world are seen as a

:08:49. > :08:54.beacon, of the defence of liberty and freedom, and we should be proud

:08:55. > :08:59.of our British values. I am proud of the British record until recently

:09:00. > :09:06.because until recently, parties, both main parties in government

:09:07. > :09:09.complied with the rulings of the European Court of Human Rights, to

:09:10. > :09:14.the letter. More than any other countries did. And I am proud of

:09:15. > :09:18.that fact. Unfortunately when Labour was in power, the court decided, the

:09:19. > :09:23.European courts decided, that some prisoners should have the right to

:09:24. > :09:29.vote in Parliamentary elections. And at that time, Jack Straw who was the

:09:30. > :09:33.Lord Chancellor decided not to comply. It was the first time that

:09:34. > :09:40.any British government decided to do so. When David Cameron became Prime

:09:41. > :09:45.Minister, which I supported as a Liberal Democrat, he took the same

:09:46. > :09:49.position. He refused to place any bill, and the same is now true. The

:09:50. > :09:53.result of that terrible example of flouting the juggernaut of the

:09:54. > :09:58.court, was followed by Russia which promptly passed the bill in December

:09:59. > :10:02.making the Duma, the Parliament sovereign, and saying that they can

:10:03. > :10:06.happily flout the judgments in Strasbourg, that violates the rule.

:10:07. > :10:10.White but in a sense that was honest, Vladimir Putin never had any

:10:11. > :10:13.intention of allowing the European Court of having his way whether he

:10:14. > :10:18.got the Duma to pass legislation or not. You fetch a size the importance

:10:19. > :10:22.of the conventional the European Court, when so many of the

:10:23. > :10:27.signatories when just to pick a phew, Turkey, Russia, Azerbaijan,

:10:28. > :10:33.you could even point to some close at home like Hungary and Poland,

:10:34. > :10:37.they do things which to our British perspective do not represent a

:10:38. > :10:39.defence of liberty and good government, rule of law and

:10:40. > :10:44.independent judicial Reece Topley that is why I called my book, five

:10:45. > :10:48.ideas to fight for. Because the rule of law which were now talking about

:10:49. > :10:55.has to be fought for. Even in the United Kingdom, and what I'm saying,

:10:56. > :11:01.is that the serious threats to the rule of law even in our country. I

:11:02. > :11:06.cite for example, the destruction of legal aid, in many parts of the

:11:07. > :11:11.country. The blocking of access to justice, we must not be complacent.

:11:12. > :11:16.What you are describing, may sound great, it is not a question of

:11:17. > :11:22.fetishising it, it is a question of fighting for it. It is a question of

:11:23. > :11:28.where did it is Eli 's and also the sense of accountability for those

:11:29. > :11:33.who are ultimately, wanting a sense of accountability. It is not just me

:11:34. > :11:38.sounding off about this, I am looking at the opinions of esteemed

:11:39. > :11:41.members of the legal establishment, like law judge who was the Lord

:11:42. > :11:45.Chief Justice of England and Wales until quite recently, he said that

:11:46. > :11:52.the European Convention, Court of Human Rights heart "Undermining

:11:53. > :11:55.democracy" it is judges, not Parliament now making British law

:11:56. > :12:00.and Parliamentary sovereignty should not be ceded to a foreign court. Let

:12:01. > :12:05.us just think about that for a moment, what do we mean about

:12:06. > :12:08.Parliamentary sovereignty? We mean an elected dictatorship, when the

:12:09. > :12:15.House of Commons is dominated by the government of the day, Parliamentary

:12:16. > :12:22.sovereignty means they can do whatever they like. We have no

:12:23. > :12:26.written constitution. We have the UK Supreme Court. It has no power to

:12:27. > :12:34.strike down Acts of Parliament. It may give you one example, in 1968,

:12:35. > :12:40.200,000 British Asians were expelled from Uganda and Kenny, on racial

:12:41. > :12:43.grounds. The British government panicked, and in three days and

:12:44. > :12:49.nights passed an emergency bill to take away the right of these British

:12:50. > :12:53.citizens to enter the only country of citizenship. In most countries in

:12:54. > :12:59.the world, like the United States and Canada and South Africa, the

:13:00. > :13:04.courts would be able to say that act was unconstitutional. But in 1968 we

:13:05. > :13:08.were not parties, we couldn't enforce the convention here, I had

:13:09. > :13:14.to go to Strasbourg with those British Asians who are now settled

:13:15. > :13:23.in Leicester, the point I'm trying to make, is that my notion of

:13:24. > :13:27.democracy does not mean, that Parliament or government, either

:13:28. > :13:31.gives us our rights or enforces our rights to the exclusion of the

:13:32. > :13:36.courts. I believe in shared sovereignty, I believe that our

:13:37. > :13:39.courts and our Parliament and our ministers, all have their

:13:40. > :13:44.contributions to make. Shouldn't the balance of powers, if that is what

:13:45. > :13:49.you are describing, it reminds me of the US system with a much clearer

:13:50. > :13:55.definition, shouldn't that all be rooted, in the same authority? And

:13:56. > :13:59.in this case, we are talking about Britain, which issued stew and is.

:14:00. > :14:03.It sticks in many peoples throats that the ultimate legal authority in

:14:04. > :14:11.Britain is deemed to be in Strasbourg? I think the prime, the

:14:12. > :14:15.main responsibility, rights are not the gift of governance. They are not

:14:16. > :14:24.the gift of Parliament, rights are human rights, they are in eight, in

:14:25. > :14:28.our common humanity as human beings. Governments have responsibility to

:14:29. > :14:32.protect those rights, so do judges and parliaments. I believe as you do

:14:33. > :14:39.in your question is that the main responsibility for that is in

:14:40. > :14:43.Britain. You only go to an international or European Devil when

:14:44. > :14:47.the domestic legal organ fails, and it is very important to have that

:14:48. > :14:53.long stop -- or European level when the domestic legal organ fails. All

:14:54. > :14:57.37 countries allow the cases to go to Strasbourg but the British

:14:58. > :15:01.government which has had a superb reputation in complying with

:15:02. > :15:06.judgments even though ministers hated, has decided under Mr Cameron,

:15:07. > :15:09.now to flout the Strasbourg judgment, even though the Strasbourg

:15:10. > :15:13.court has been very careful to say that we are not ruling, that all

:15:14. > :15:21.people should be able to vote, we are only saying that sum should be

:15:22. > :15:27.able to vote but they won't do that. At the nub of your argument is a

:15:28. > :15:31.sense that things have gone awry, in this country, and in the way that

:15:32. > :15:34.our rule of law works. But I come back to a point that I made earlier

:15:35. > :15:38.on. If I look at the track record and the fights that you have fought

:15:39. > :15:43.through the British courts on everything from gender equality to

:15:44. > :15:46.ending racial discrimination. Workers rights, a whole bunch of

:15:47. > :15:50.things, different aspects of the human rights agenda, time after

:15:51. > :15:57.time, you have scored victories and if we look back to the 60s, when we

:15:58. > :16:00.began the work when homosexuality is illegal, and today, with gay

:16:01. > :16:05.marriage the norm, Britain has come an awful long way. It has come that

:16:06. > :16:09.distance because it courts are adaptable, because we have a very

:16:10. > :16:13.flexible system and partly because of the centuries of confidence that

:16:14. > :16:18.we have to ride from caselaw and precedent, from the way that the

:16:19. > :16:23.British system works, and you seem fundamentally dissatisfied with it

:16:24. > :16:27.and I'm still not sure why? I'm not fundamentally dissatisfied, I think

:16:28. > :16:33.that the judges were awful when I came to the bar. They were

:16:34. > :16:37.narrow-minded and often literal. I think the judges now are the best in

:16:38. > :16:44.the world. I think that is terrific, a wonderful change. I think that we

:16:45. > :16:49.have achieved great progress in Parliament, in many of the laws I

:16:50. > :16:54.have been involved with. One equality, rights, free speech, civil

:16:55. > :16:59.partnership, all of that our games. I'm not saying that everything the

:17:00. > :17:02.last few years is terrible, on the contrary. I am saying that we have

:17:03. > :17:07.achieved a lot, but a lot more should be achieved and it is for a

:17:08. > :17:13.new generation as young as you are but even younger, to be able to take

:17:14. > :17:21.up the bat, and defend what we have. Because what we now have is under

:17:22. > :17:24.threat. I'm going to take the flattery about my youth and move on.

:17:25. > :17:31.Freedom of speech is something I want to talk about. The government

:17:32. > :17:35.is keen to find ways, to suppress not just incitement to hatred and

:17:36. > :17:39.incitement to violence, but extremism in a broader form, vocal

:17:40. > :17:46.active opposition to fundamental British values. Do you worry, that

:17:47. > :17:53.such is the concern about extremism and terrorism, that we are now

:17:54. > :17:58.encroaching seriously into freedom of expression? Absolutely, I worry

:17:59. > :18:01.about that at the level of government and students in

:18:02. > :18:06.universities, I believe that there is no duty to offend but there is a

:18:07. > :18:13.right to offend. I believe that in a democracy, we not only, how values,

:18:14. > :18:17.that by the majority permissible but those that cause offence, to a

:18:18. > :18:25.particular section of society. You are Jewish and at the moment on the

:18:26. > :18:29.is a big argument about whether the views that are extraordinary

:18:30. > :18:35.critical of Israel, should be allowed when some Jewish students

:18:36. > :18:41.deemed them to be anti-Semitic. Yes, I think that there is every right to

:18:42. > :18:46.criticise Israel forcefully. I deplore the fact that students, not

:18:47. > :18:49.only Jewish students but students generally these days, are asking for

:18:50. > :18:54.safe platforms where they don't have two here views, safe rooms where

:18:55. > :19:00.they don't have two here views. And they have a culture of no platform.

:19:01. > :19:04.That is absurd, I'm sorry that universities allow that. Similar

:19:05. > :19:10.with government, apparently they want to have another extremism bill.

:19:11. > :19:18.What is extremism? For example when Nelson Mandela at the ANC was

:19:19. > :19:23.struggling against apartheid, and people were campaigning against

:19:24. > :19:27.apartheid, was that extremism? No. It wasn't extremism because we

:19:28. > :19:35.supported the point of view. But you cannot have a law which bans ideas

:19:36. > :19:39.you don't like and allows, is your ideal the American first Amendment?

:19:40. > :19:44.Yes, although I think the first Amendment has done some rather silly

:19:45. > :19:49.things. But in the main I am closer to the first Amendment than I am to

:19:50. > :19:54.the extremism bill. And I think there is a great danger, talk about

:19:55. > :19:59.risks, with the fear of terrorism, which is perfectly

:20:00. > :20:04.legitimate, with the fallout from that, there is a great risk that we

:20:05. > :20:10.will make it worse with our British Muslim fellow citizens by banning

:20:11. > :20:19.ideas and driving them into opposition. Except, that the chief

:20:20. > :20:22.legal officer for SOS racism in France, the organisation that fights

:20:23. > :20:26.against racism, he has been reflecting on this and the degree to

:20:27. > :20:30.which you can try to outlaw not just those who are called in to violence

:20:31. > :20:34.but those whose extreme language encourages violence. He says "Just

:20:35. > :20:38.because somebody is making hate peels comments without exposing the

:20:39. > :20:43.calling for this car tax doesn't mean that the speech will lead to

:20:44. > :20:48.physical attacks? . That is worth thinking about. Yes of course, it is

:20:49. > :20:53.a very difficult problem, we had this problem some years ago about

:20:54. > :21:00.Regis hatred. What happened when Tony Blair was Prime Minister, was

:21:01. > :21:03.after the invasion of Iraq, the Labour Party was worried that

:21:04. > :21:07.British Muslims would vote for my party and not for theirs. So they

:21:08. > :21:15.wrote to every mosque saying dear mosque, if you vote Labour, we will

:21:16. > :21:20.give you a blasphemy law. That was a huge mistake, it was the beginning

:21:21. > :21:26.of a trend in race politics, which has gone on now. It was H Amend 's

:21:27. > :21:30.mistake to do that. My view is that religious ideas must be exposed to

:21:31. > :21:37.ridicule and criticism, like every other idea. And you cannot have a

:21:38. > :21:44.safeguard, for the profit, Jesus or God or anything of that kind. Some

:21:45. > :21:55.years ago, Ian Forster the novelist gave a lecture under the title, "Did

:21:56. > :21:59.Jesus have a sense of humour?". Could the Jewish audience have a

:22:00. > :22:04.title "Does God have a sense of humour?". And one day be will be

:22:05. > :22:10.able to give a titled "Does the Prophet have a sense of humour?".

:22:11. > :22:15.That must be our aim, tolerance, the spirit of liberty is the spirit that

:22:16. > :22:19.is not sure it is right. The final question, we get to the revelations

:22:20. > :22:23.of Edward Snowden and everything we have learnt about in Massa valence

:22:24. > :22:32.and the balance between privacy, and collective security. Would you, be

:22:33. > :22:37.happy to know that the state, hearing the United Kingdom is able

:22:38. > :22:43.to take the data from your e-mailing, from your digital life,

:22:44. > :22:49.and crunch it in supercomputers, and try to assess whether you are a risk

:22:50. > :22:53.to the state? I am willing to put up with that if there are adequate

:22:54. > :22:59.safeguards against the misuse of the information. The real problem is not

:23:00. > :23:02.abstract principle, what are the effective safeguards, and we have an

:23:03. > :23:09.independent review of terrorism, David Anderson QC, who has explained

:23:10. > :23:15.all of this and again Parliament will face that problem pretty soon.

:23:16. > :23:19.I'm not one of those libertarians. Post-Paris attacks, David Cameron

:23:20. > :23:24.said that he believed that the scope and extent of electronic

:23:25. > :23:28.surveillance has to be expanded? Yes that is true. You are not talking to

:23:29. > :23:35.an absolutist, I can see that a strong case for the mining of bulk

:23:36. > :23:39.data as it is called. Providing the adequate safeguards, which means

:23:40. > :23:43.including the safeguards, judicial safeguards. That is what the battle

:23:44. > :23:48.is going to be about. Not the abstract principle, with all of

:23:49. > :23:52.these tricky things that I try to explore, I'm not saying that there

:23:53. > :23:57.are clear and absolute answers. We need to ask the right questions as

:23:58. > :24:00.we are now doing. Thank you, we have two end those questions right now,

:24:01. > :24:11.Lord Lester thank you for being on HARDtalk. Thank you. Thank you.

:24:12. > :24:23.MUSIC