Wide-ranging Tory manifesto fails on the 'how'

The Conservative Party’s manifesto, launched yesterday (24 November) sets out an ambitious plan on what it will do if it wins the forthcoming general election – but little on how it will achieve some of its commitments.

It is also silent on key issues such as legal aid and the much-criticised courts modernisation programme.

Notably, the manifesto says it will ensure judicial review is available to protect individuals’ rights “against an overbearing state” while ensuring it “is not abused to conduct politics by another means or to create needless delay”.

It also says once the current deal has taken us out of the EU – Prime Minister Boris Johnson guarantees he will get the deal through parliament – the Conservatives will end the role of the European Court of Justice.

It also plans to ‘update’ the Human Rights Act.

Separately, the Conservatives will set up a Constitution, Democracy & Rights Commission in their first year in government to consider broad aspects of the UK's constitution, namely, the relationship between government, parliament and the courts; the Royal Prerogative; the role of the House of Lords; and access to justice “for ordinary people”.

The Commission would make proposals to “restore trust in our institutions and in how our democracy operates”.

No doubt this reflects a Prime Minister still smarting from the Supreme Court ruling that his advice to the Queen to prorogue parliament was unlawful.

Law and order has traditionally been a central theme of the Conservatives’ policies and, unsurprisingly, the manifesto reflects this.

There is a robust commitment to tackle crime and create a “fair justice system” and to establish a Royal Commission on the criminal justice process.

Key pledges on crime in the manifesto include:

• Tougher sentencing for the worst offenders 
• Giving police enhanced new stop and search powers by way of a new court order to target known knife carriers
• Consulting on doubling the maximum sentence for assaulting in emergency services workers
• Ending automatic halfway release from prison for serious crimes
• Tightening up anti-extremism measures
• Cracking down on online crimes and create a new national cyber crime force
• It will pass the Domestic Violence Bill and the Police Protection Bill; and a so-called ‘Victims’ law’ to guarantee victims’ rights and the level of support they can expect

However, though the manifesto is loud on crime and justice it is silent on the state of the court system itself which is a key concern for the legal profession and those needing access to legal advice and representation.

The manifesto also sets out plans for a “root-and-branch” review of the parole system to improve accountability and public safety; and says it will give victims the right to attend hearings for the first time.

There is a bold pledge to pass legislation to “make the UK the safest place in the world to be online” while still defending freedom of expression.

It will also repeal section 40 of the Crime and Courts Act 2014 to support free speech.

The Conservative’s robust rhetoric on being tough on crime will attract voters.

However, on the back of research police chiefs have said handing out longer prison sentence and increasing stop and search powers are not the answer.

Read the Conservative Party manifesto here.