Yet again, the European Court overrules measures which we have taken in Britain to protect ourselves against terrorist attacks Telegrapg, Jan 13th).
Under the 2000 Terrorism Act, the police can stop and search anyone in a designated area without having to explain their action. Now the Court says that this very reasonable and moderate provision “breaches human rights”. Apparently our right to privacy is the issue. Our right not to be blown up seems to be secondary.
Again and again we see the European Court setting aside measures which our elected government believes are necessary for the protection of the public. We can’t send convicted terrorists home, in case their rights are threatened in their home country. We can’t imprison them. We can’t keep them under house arrest. We simply have to let them go, and get on with their campaigns of violence.
Of course all the bleeding-heart liberals will complain that the police powers concerned are damaging our freedom, and as Hon. Chairman of the Freedom Association, I find this a telling criticism. But we have to weigh up the freedom not to talk to the police for a handful of suspects against the freedom of 60 million people to live in safety and free from fear. As Tony Blair used to say, we face some tough choices, but I come down on the side of the 60 million.
In the Conservative Party, we are discussing ways of solving this problem which might include opting out of all or part of the European Human Rights legislation. That would be a great step forward. But added to all the other follies that we get from the EU as a whole, this is getting close to the straw that breaks the camel’s back. We should be Better Off Out. We can’t go on like this.
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But if ECHR is not an EU institution, then surely being “better off out” won’t make any difference in this case.
Leaving the EU would not automatically take us out of the ECHR. That would be a separate decision. Interestingly, leaving the ECHR might call into question our EU membership.