Dominic Raab is MP for Esher and Walton and a member of the parliamentary Joint Committee on Human Rights.
This week Frances Lawrence, widow of the courageous head teacher murdered by Learco Chindamo in 1995, called for the revision of our human rights laws. Her frustration will be shared by many: ‘Chindamo is being given every help while my family is hung out to dry’.
The cruel irony of our perverse law is that Chindamo blocked deportation by claiming the right to family life – having shattered the lives of the Lawrence family. He promised to lead a clean life and help his ailing mother, but was recalled to prison within months of release after allegations he mugged someone at a cash point.
Meanwhile, Mrs Lawrence was asked by probation officers in 2001 to apologise for publicly criticising Chindamo’s lack of remorse. Apparently, he found this hurtful. Then, this year, when she asked for general information about where he was living – so her family could avoid the neighbourhood – she was rebuffed, again to avoid infringing Chindamo’s privacy rights. Our justice system is out of kilter. So, how can we sensibly respond to Mrs Lawrence’s call, without resorting to knee-jerk reactions?
First, by understanding the problem. The 2007 Chindamo ruling on deportation was made under the EU Citizens Directive, but the court said that its analysis under the Human Rights Act (HRA) was the same. The Directive is a classic example of an EU law badly negotiated by Labour in 2004, with Britain overruled by qualified majority based on changes introduced by the Nice Treaty. However, the wider exploitation of the ‘right to family life’ to block deportation cannot be blamed on Europe. In 2009, the House of Lords made crystal clear that the European Court of Human Rights may have blocked deportation to prevent return to torture (the notorious Chahal ruling), but Strasbourg had never upheld a bar to deportation to prevent interference with family life. That was an innovation made by the UK courts in 2008 under the Human Rights Act.
The human rights lobby claim that replacing the Human Rights Act with a Bill of Rights would make no difference, unless Britain pulls out of the European Convention on Human Rights (ECHR). That is defeatist nonsense. The fetters on deportation, where it disrupts family ties, are a direct result of judicial legislation under the HRA - a clear example of a home-grown problem we can address without pulling out of the ECHR. An investigation by the Sunday Telegraph in 2009 revealed that in most cases where deportation is blocked on human rights grounds, the claim is not fear of torture, but disruption to family life.
So what can we do about it?