Since the Unfortunate Sunak has suggested that he might remove the UK from the European Convention of Human rights (ECHR), I find myself in an unfortunate situation of having to agree with The Right Honourable Yvette Cooper, Shadow Home Secretary and the Member for Normanton, Pontefract and Castleford!
Yvette stated a FACT when she told a reporter that the provisions of the ECHR were integral to the Good Friday Agreement.
This means that the UK CAN NOT withdraw from the convention without very serious consequences.
HOWEVER: The UK CAN alter the nature of it’s relationship with the ECHR WITHOUT prejudicing the Good Friday Agreement!
This can be done by amending the Human Rights Act 1998 (https://www.legislation.gov.uk/ukpga/1998/42/contents).
What should be done is to limit the geographical extent of the Human Rights Act 1998.
It would be entirely possible to exclude England and Wales and legislate to allow the Scottish Parliament to decide whether to exclude Scotland.
What would remain is that the Human Rights Act 1998 would cover Gibraltar and Northern Ireland. This would be in compliance with the arrangements governing Gibraltar and the Good Friday Agreement.
Furthermore it would be entirely possible to limit the application of the Human Rights Act 1998 in respect of the British Armed Forces to Gibraltar and Northern Ireland only. This would mean that British service personnel would not have to fear the ECHR when on service overseas (Gibraltar excepting) or in Great Britain. They would only have to fear it when serving in Gibraltar and Northern Ireland.
Again this would be to ensure compliance with the arrangements governing Gibraltar and the Good Friday Agreement.
Such a proposal (to limit the jurisdiction of the ECHR) could be done were an elected government to have this proposal in it’s General Election manifesto and it was a much discussed and argued over policy.
Alternatively, such a proposal could be the subject of a referendum.
Herewith a link to the ECHR website: https://www.echr.coe.int/european-convention-on-human-rights
Herewith a link to a PDF text of the European Convention: https://www.echr.coe.int/documents/d/echr/Convention_ENG