Queen's Speech 2015: Lib Dem lawyers to oppose infringements on civil liberties

The Liberal Democrat Lawyers Association (LDLA) has promised to campaign against reforms to civil liberties and human rights featured in the Queen's speech.

Commenting ahead of the Queen's speech, and on the government plans to repeal of the Human Rights Act (HRA), the chair of the LDLA, Graham Colley, said: 'The repeal of the HRA is not universally supported by Conservative lawyers and, given their majority of only 12, the government may have difficulties in getting enough support from their own MPs.

'Lords' amendments could bring further difficulties. Its repeal will also have constitutional difficulties for Scotland, Wales and Northern Ireland and, of course, the European Union,' he said.

He continued: 'The LDLA Human Rights Act campaign started in September last year. Even if the repeal of the HRA is not in this Queen's Speech, we must work to ensure it does not re-appear in the future.'

As was widely reported, the prime minister appears to have been forced to back down on plans to commit to scrapping the HRA in the Queen's Speech. This was confirmed during the speech with: 'My government will bring forward proposals for a British Bill of Rights.'

Counter-extremism legislation

The Queen's speech made mention of 'measures will also be brought forward to promote social cohesion and protect people by tackling extremism'.

Earlier this month, David Cameron announced the government would introduce a counter-terrorism Bill into parliament that would including plans for extremism disruption orders to restrict those attempting to radicalise young people.

If implemented, the measures would allow the police to apply to the High Court for orders to limit the 'harmful activities' of an extremist, including the vetting of online conversations.

Harmful is to be defined as a risk of public disorder, harassment, alarm or distress or a 'threat to the functioning of democracy'.

While these orders were first proposed during the coalition government, they were vetoed by the Lib Dems due to fears they may impinge on free speech. Colley said that if the proposals are revived, such a Bill would have to be carefully considered by parliament.

'Lib Dems Lawyers do not oppose the need to confront extremist ideology. But to do so by curtailing civil liberties is counter-productive. Censorship will not defeat extremism and may encourage it. We should be promoting debate and explanation of what leads to such radicalisation. Misguided extremist views should be challenged in the community, peer groups and social media,' he continued.

'Snoopers' Charter'

The controversial Draft Communications Data Bill, also known as the 'Snoopers' Charter' also featured in the Queen's speech.

It is expected that the draft proposals would force internet service providers to retain large amounts of data on their customers, and to make said information available to the government and security services.

Opposed in the last parliament by Lib Dems, Colley said: '[The] LDLA will want to consider how Lib Dems can continue this opposition.'

Strike law reform

In addition, the business secretary Sajid Javid has promised to tighten the laws on industrial action by demanding a 50 per cent turnout in strike ballots to ensure unions have a mandate to strike.

Commenting on the plans, Colley said: 'Lib Dem Lawyers will want to consider any proposals most carefully. Democratic voting must be balanced with the rights of employees.'

 

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD