Justice Secretary Chris Grayling today claimed the public had been “duped” over a controversial EU charter as he warned that a “fundamental” battle lay ahead with European judges over who governs Britain.
Mr Grayling said the European Charter of Fundamental Rights — which judges have said significantly extends the reach of human rights legislation — was now “very much part of our law” despite pledges by the previous government that it would not apply in this country. He said that “vaguely worded international treaties” had put “huge power in the hands of European courts”.
Mr Grayling’s comments follow the admission by a senior High Court judge that he was “surprised” to discover that the Charter of Fundamental Rights had become enforceable in Britain despite an opt-out being agreed when the 2007 Lisbon treaty was signed.
Mr Justice Mostyn said the charter created a “host of new rights” that would remain part of British law even if the Human Rights Act were repealed.
In an article for the Evening Standard website, Mr Grayling said that Tony Blair and the former Europe minister Keith Vaz had promised that the Charter would not “change UK law in any way” or be “legally enforceable” in this country. He added: “There is no doubt that we were duped by Labour. They did not tell us the truth. The Charter is now very much a part of our law. I am determined that we challenge this idea.”
Mr Grayling said other “crucial decisions” were also being taken by the European Court of Justice and the European Court of Human Rights. He added: “We now face a fundamental question about who governs Britain. I think it’s time for all of this to change.”
Mr Justice Mostyn said that it was “absolutely clear” that the government had intended to opt out, but that the Charter was now enforceable in British courts because of a ruling by the European Court of Justice.
