Grayling fury at EU bid to bring in even more 'human rights': Justice Secretary says plan is 'absurd' power grab

If introduced, it is feared they could lead to a deluge of claims against businesses and the Government Contained in the EU's controversial Charter of Fundamental Rights Mr Grayling said the suggestion showed Eurocrats were aiming to create a European justice system that overrides domestic courts
By James Chapman PUBLISHED: 00:42, 28 December 2013 | UPDATED: 00:44, 28 December 2013

Chris Grayling today condem ns Brussels over an 'absurd' proposal to bring dozens of new European hum an rights into British law

Justice Secretary Chris Grayling today condemns Brussels over an absurd proposal to bring dozens of new European human rights into British law. If introduced, it is feared they could lead to a deluge of claims against businesses and the Government. The rights are contained in the European Unions controversial Charter of Fundamental Rights. The UK opted out of the charter in 1998, but now the European Comission has suggested it could be imposed

on all member states. Mr Grayling said the suggestion showed Eurocrats were aiming to create a European justice system that overrides domestic courts. This country never wanted a charter of fundamental rights and the idea we would sign up to changes that meant it took over our domestic laws is absurd, the Justice Secretary said. The European Commission should stop trying to create a European justice system, and should let member states get on with solving the real challenges we all face. His intervention marks a significant stepping up in Tory efforts to demonstrate how they want a looser, more trade-based relationship with the EU ahead of the European elections in May. Mr Graylings anger has been prompted by a document produced by the European Commission suggesting that the charter should apply in all member states. The blueprint, which contains 54 provisions including the right to strike and the right to collective bargaining was attached to the EUs controversial Lisbon Treaty. The then PM Tony Blair told MPs it was absolutely clear that we have an opt-out from the charter. But a new consultation document calls for it to be implemented throughout the EU. It says peoples interests in and expectations about the enforcement of fundamental rights by the EU are high. It goes on to suggest that one option would be to make all fundamental rights guaranteed in the charter directly applicable in member states.

Mr Grayling's anger has been prom pted by a docum ent produced by the European Com m ission suggesting that the charter should apply in all m em ber states

The Human Rights Act 1998 incorporated into our domestic law large parts, but not all, of the European Convention on Human Rights. Some parts were deliberately omitted by Parliament. The Charter of Fundamental Rights of the European Union contains all of the missing parts and many further provisions. The new discussion document also suggests a stronger role for the EU Agency for Fundamental Rights, though it concedes the steps proposed would require the agreement of member states. Mr Grayling said a Tory-led government would never agree to the proposal to adopt the charter. However, many of the rights in the charter would be greeted with delight by trade unions who are likely to pressure Labour to accept them.

In the field of employment law, the charter guarantees rights in areas such as collective bargaining, unjustified dismissal, fair and just working conditions and maternity and parental leave. Mr Grayling will play a key part in Tory efforts to rein in the influence of European human rights law, which has stalled under the Coalition because of the fierce resistance of the Liberal Democrats.

Earlier this year, Mr Justice Mostyn also expressed concern about the potential influence of the charter

The Justice Secretary is understood to be considering draft legislation setting out how a Conservativeonly government would replace Labours Human Rights Act with a British Bill of Rights and reassert the authority of the Supreme Court over the European courts. He argues that the creeping influence of European courts in British law is unacceptable and underlines the case for renegotiating Britains membership of the EU. Earlier this year, a senior judge also expressed concern about the potential influence of the charter. Mr Justice Mostyns comments came in a judgment on the case of an asylum seeker whose barrister cited the document in a failed bid to win his case. The judge said he was surprised, to say the least, by the claim, adding: I was sure the British government had secured an opt-out at the negotiations of the Lisbon Treaty. Yet the European Court had suggested that the opt-out does not intend to exempt the UK from the obligations to comply with the provisions of the charter. The Conservative pledge is likely to be revived in the next Tory manifesto after being underlined by a draft Bill. Some Tories including several Cabinet ministers want to go further and withdraw from the European Convention on Human Rights.

Last night a spokesman for the European Commission said: This paper was published several months ago to stimulate debate at a conference in November. It had a disclaimer saying it did not represent the position of the European Commission. Changes to the Charter which covers only EU law could indeed only be made if the UK signed up to them.

Comments (82)
Share what you think Newest Oldest Best rated Worst rated View all clarithe, abaddon, moments ago What exactly is the problem with a human rights charter- surely that is a good thing

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Click to rate MJ, cheshire, 6 minutes ago Another anti labour warning shot, as if it was even needed.

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Click to rate LEN, PERTHSHIRE, 6 minutes ago ........THE LIBLABCONS.......HAVE LIED TO THEIR CORE VOTERS FOR YEARS.........U K I P.......ARE PICKING THEM ALL OFF......ONE AT A TIME...........BY HOOVERING UP ALL THE DISGRUNTLED VOTERS......AND THERE ARE MILLIONS OF THEM...........UNITED BY ONE CALL.....AND ONE DREAM......GETTING OUR COUNTRY BACK......AND WE SHALL.......FURTHER......REMEMBER.......WE ARE NOT ALONE.....IN THIS PURSUIT........THE PEOPLES OF EUROPE ARE BEHIND US......FOR THEY TOO.......ARE SICKENED.....AND DISHEARTENED......BY THE DESTRUCTION.....OF THEIR RESPECTIVE COUNTRIES.....AND IDENTITIES......OVER--RUN........BY FREEBOOTERS DETERMINED TO SAP OUR ENERGIES.....AND FINANCES........BY DESTROYING OUR WAY OF LIFE.....CAPS. AS VIS. IMPAIRED

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Click to rate Mais, was Adelaide now London, United Kingdom, 13 minutes ago The EU will not stop until each country is just designated EU1, EU2, EU3, EU4. And guess what? The United Kingdom would no doubt get the last number. Time to leave this disgusting EU which is all about gathering power from all the member countries into a hidden faceless group who plan to dominate the world by stealth. Leave the EU now before the UK is completely swamped by this madness called EU

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OLLIE-M, LONDON, 14 minutes ago It was consecutive Labour Government that joined us up to this EU take over bid and UKIP will get us out However, be prepared for the Europeans to bang up their export prices and deny us trade or even right of passage through Europe!! Its a sticky wicket but i believe that we can go back to being self reliant and manufacture again.

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Ed, in thought, United Kingdom, 8 minutes ago

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What are you on about? The Tory party brought us into the EU in 1972 when the treaty was very clear about free movement of workers. Labour actually gave us a referendum on it in 1975! 0 0 Click to rate Thedetector, Huddersfield, United Kingdom, 17 minutes ago There will be no referendum for the English,only everyone else,suckers ,all of you.

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BobbyHuertas70, Spokane, 26 minutes ago For sovereignty, for liberty. UKIP!

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jackie johns 1, london, moments ago

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@BobbyHuertas70 I was going to vote UKIP until I found out they would like to bring back foxes being ripped apart by a pack of hounds 0 0 Click to rate Mark, Newcastle, 41 minutes ago Every time I hear of another drama between this country and the EU, it always reminds me of the Monty Python film 'The Meaning of Life' where the Grim Reaper accuses us of having no balls. If we actually had a pair, we simply would have told the EU where to shove it a long time ago, quite like how the French do on a very regular basis . . .

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Click to rate the voice of sanity, solihull, United Kingdom, 42 minutes ago Crocodile tears, pity politicians actions dont match there words.

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0 12 Click to rate right, Essex, United Kingdom, 44 minutes ago Boring!!!. If you are in charge of a country and do believe someone or something hampering the country progress and you don't have solution to it then please get out and let put someone who has brain to act. Except the story is all noise to make us hate EU.

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frankie, The Ineptocracy, United Kingdom, 8 minutes ago I don't need to be made to hate the EU, the EU creates this effect, quite naturally! 0 1 Click to rate The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

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