The reported exclusion of measures to amend the application of the Human Rights Act in the UK from the Queen's Speech is probably good news. There are two issues around the HRA and the ECHR - and we must be careful we don't throw out the baby with the bathwater.
The first issue is the supremacy of the UK's judiciary. I believe that our judiciary must not only be fully independent from government, the extension of the sovereign as the fount of justice, but must also be supreme in all matters of legal judgement. No court should be able to over-rule or modify the decisions of our Supreme Court.
The second issue is our rights against the depredations and incursions of big business and of government. I want absolutely to enjoy legal protection against overweening interference, against bureaucratic prodnoses, against politically inspired malicious persecution and all the other evils of a globalist, centrist big State. I want an Act of Parliament that preserves my freedom and my fundamental rights, and I want an independent British judiciary to defend those rights.
How can one trust the French, the Dutch, the Czechs, the Hungarians and the Poles when in living memory they used their own police forces and compliant judges to send millions of their own people to the extermination camps at the polite request of their invaders? And how can we trust those invaders, the Germans, a race still stained with the blood of 30 millions? We forget that freedom and liberty are novel concepts to much of Europe, whereas they are ingrained in the very bones of Englishmen. They can revert quite easily to that recent barbarism, and cannot be trusted with the rights and freedoms of English subjects.
So what we need is an end to the jurisdiction of the European Court of Human Rights without departing from the substantive protection of the European Convention that has applied since 1953. A return, in fact, to the status quo ante that applied before Protocol 11 took force in 1998; this was the provision that made the ECHR supreme (over the House of Lords at the time). Simply by resiling from this protocol Gove will achieve the necessary change.