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B686 – British Bill of Rights 2014 Watch

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    B686 – British Bill of Rights, TSR UKIP
    Bill of Rights 2014
    An Act replacing the Human Rights Act 1998


    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

    1: Life

    (1) The right to life shall be protected by law. No person shall be deprived of life intentionally as a result of execution of a sentence of court following conviction of a crime.
    (2) Life shall not be considered deprived if deprivation results from:
    (a) To effect a lawful arrest or to prevent escape of a lawfully detained person.
    (b) In the act of defending personal property or other persons from unlawful violence.

    2: Torture

    (1) No person shall be the subject of torture or inhumane or degrading treatment.
    (2) Torture will not be considered to have been enacted if:
    (a) Torture was carried out by foreign authorities in the presence of British authorities.

    3: Slavery and Forced Labour

    (1) No person shall be held in slavery.
    (2) No one shall be required to perform forced or compulsory labour.
    (3) ‘Forced or compulsory labour’ shall not include the following:
    (a) Any work required as part of lawful detention.
    (b) Any service extracted in case of emergency threatening the life and well-being of the community.
    (c) Any work which forms part of normal civic obligations.

    4: Liberty and Security

    (1) Every person has the right to liberty and security except in the following cases and in accordance with a procedure prescribed by law:
    (a) Lawful detention of a person following conviction by a competent court.
    (b) The lawful arrest or detention of a person for non-compliance with the lawful order of a court
    (c) The lawful detention of a person effected for the purpose of bringing a person before a competent court on reasonable suspicion of having committed an offence or when it is considered necessary to prevent a person committing an offence or fleeing after having done so.
    (d) Detention of a minor for the purpose of bringing the minor before a competent court.
    (e) The lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
    (f) The lawful arrest or detention of a person to prevent unauthorised entry into the country or of a person against whom a deportation or extradition process has started in accordance with law.
    (2) Every person who is arrested shall be informed promptly, in a language that is understood by said person, of the reasons for arrest and of any charge against them.
    (3) Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time
    (4) Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

    5: Fair Trial

    (1) In the determination of a charge against a person, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly.
    (2) The press and public may not be excluded from any part of the trail except in the case of national security.
    (3) The interests of the public always out weight the privacy and interests of any person who a charge is brought against except in the case of national security.
    (4) Every person with a previous criminal offence shall be presumed innocent until proved guilty according to law.
    (5) Every person charged with an offence as the following minimum rights;
    (a) Shall be informed promptly, in a language that is understood by said person, of the nature and cause of accusation against them.
    (b) Adequate time and facilities to prepare a defence.
    (c) To defend oneself in person or through legal assistance of one’s own choosing or, if one has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require and the following terms are not breeched;
    (ci) In the case of deportation.
    (cii) The supposed charge is against the Ministry of Defence for offences that were committed by active duty members of the British armed forces in a zone of conflict.
    (ciii) The supposed charge was committed outside of the United Kingdom of Great Britain and Northern Ireland.
    (d) To examine or have examined witnesses against one and to obtain the attendance and examination of witnesses on ones behalf under the same conditions as witnesses against a defendant.
    (e) To have the assistance of a free interpreter if he cannot understand or speak the language used in court.

    6: Punishment

    (1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
    (2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

    7: Private and Family Life

    (1) Everyone has the right to respect for private and family life, home and correspondence.
    (2) There shall be no interference by a public authority with the exercise of this right except such as is in the following;
    (a) The interest of national security, public welfare or economic well-being of the country.
    (b) The prevention of disorder or crime.
    (c) The protection of health and morals.
    (d) The protection of the rights of others.
    (e) This article shall not interfere with the act of deportation or blocking entry of an alien into the country.

    8: Thought and Conscience and Religion

    (1) Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change ones religion or belief and freedom, either alone or in community with others and in public or private, to manifest ones religion or belief, in worship, teaching, practice and observance.
    (2) Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

    9: Expression

    (1) Every person has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent the country from requiring the licensing of broadcasting, television or cinema enterprises.
    (2) The exercise of these freedoms shall not be subject to such formalities, conditions, restrictions or penalties except in the interests of national security, territorial integrity or public safety, the protection of health, the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

    10: Assembly and Association

    (1) Every person has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of personal interests.
    (2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police, of the fire and rescue service, of the ambulance service, people employed by or working for the National Health Service or of the administration of the State.

    11: Marriage

    (1) Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

    12: Prohibition of Discrimination

    (1) The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

    13: Political Activity of Aliens

    (1) Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Par-ties from imposing restrictions on the political activity of aliens.

    14: Limitations and Restrictions

    (1) The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

    15: Protection of Property

    (1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No person shall be deprived of their possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
    (2) The preceding provisions shall not, however, in any way impair the right of a State to en-force such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
    (3) Every person has the right to defend one’s possessions by the use of force except when possessions are being deprived in the public interest and subject to the conditions provided for by law and by the general principles of international law.

    16: Education

    (1) No person shall be denied the right to education.

    17: Right to Free Elections and Voting

    (1) The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
    (2) This Article or no previous Article prevents the country from imposing restrictions on who is eligible to vote in the case of public interest or national security.

    18: Human Rights Act 1998
    (1) The Human Rights Act 1998 is hereby repealed.

    19: Commencement, Short Title and Extent
    (1) This Act may be cited as the British Bill of Rights Act 2014.
    (2) This bill shall extend to the United Kingdom; and
    (3) Shall come into force immediately following Royal Assent.




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    Nay.

    Just scanned over it and I have an issue with your right to marriage 'man and woman' only... Such sort of inherent discrimination should not be implicit in the Bill of Rights.
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    (Original post by Will95206)
    Nice a Bill of Rights!

    Just scanned over it and I have an issue with your right to marriage 'man and woman' only...
    Well, it's UKIP.
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    No. ECHR is fine.
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    Likewise, the marriage think is ambiguous.

    This has been tried before (by the Libers I think?) and it didn't go down well. I've only had a quick scan but will have to compare to the Libers one.
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    (Original post by Will95206)
    Nice a Bill of Rights!

    Just scanned over it and I have an issue with your right to marriage 'man and woman' only...
    I can only presume this is to stop interference with the church. I think, given the churches power in the UK, this is a fair and just proposal. I don't really see an issue with this. I'd want to keep things away from the church as much as possible. The state also recognises civil partnerships anyway.

    I'm of the opinion regardless that marriage is more a religious practice anyway in the modern world. I know this conflicts with many UKIP MP's/members views but again that's what makes politics interesting. I really don't see any need for the state to recognise my love for another person. It really is none of their business. I'd only ever get married for the sake of the person I'm with as I know my views are not shared by many and I'm tolerant enough, being a democratic who promotes free speech, to accept that.

    People will say it's homophobia because they don't understand the point being made but its not. What it is is not wanting state or governmental affairs such as equality laws being imposed upon religions who have their own practice's. Yes we should shape religion in some regard. Do we want religions advocating killing in the UK? No. But there's a line that must be drawn. If you shape a religion so much through legislation it will in effect become an entirely different religion with practises forced upon it that are incomparable to the original practises set within the religion over years and years. The founded principles of a religion.

    I'm not a deeply religious person. I'm an atheist in fact but the church exists and is very powerful and they believe in what they believe however wrong modern society feels such beliefs are. That is their decision. Who are we to tell them they are wrong? Who are they to tell us we are wrong? We are just people at the end of the day living by the ways we believe are right. To coexist peacefully there must not be sides taken by the state. The moment the state does that all hell will break lose. Its not a path I wish to go down.
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    Definite nay. The European Convention is absolutely fine.
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      ECHR is good enough for me
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      (Original post by Will95206)
      Nay.

      Just scanned over it and I have an issue with your right to marriage 'man and woman' only... Such sort of inherent discrimination should not be implicit in the Bill of Rights.
      You misread the bill. "Men and women have the right to marry" - That doesn't mean only men and women can marry each other. It means both sexes have the right to marry whoever. The wording is exact form the HRA1998.
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      The bill is near identical to the HRA1998 but has a few differences;

      1. Allows deportation regardless of 'right to family', (only appeal using the idea their life will be endangered).
      2. Gives British courts the final say.
      3. Gives greater room for free-speech.
      4. Gives greater protection for freedom of expression.
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      I do actually believe that there should be a British Bill of Rights as long as it strengthens the protection of our citizens' liberties.

      I'll have to take a longer look at this to ensure it is up to scratch.
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      Very one sided- only Bill of Rights and no Bill of Lefts.

      5.5.a is interesting in that it says that you should be informed in a language understood by said person. I thought UKIP didn't like employing translators?
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      Not a fan of 1 (i think you need to exempt abortion), 5.3, 7.2c (remove morals), 15.3 is something that should remain ambiguous (i'd rather avoid the issue of how much force) and 18.

      But Nay. I like our uncodified constitution and bar the right to family life, i like the human rights treaty.
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      (Original post by Rakas21)
      Not a fan of 1 (i think you need to exempt abortion)
      Abortion is exempt as human life (for the sake of HRA 1998) is when a child is born.
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      Aye. The HRA is outdated just like the EU.
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        (Original post by Rakas21)
        I think you need to exempt abortion.
        Quite the opposite, abortion should be outlawed bar certain cases where the child is disabled.
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        (Original post by tehFrance)
        Quite the opposite, abortion should be outlawed bar certain cases where the child is disabled.
        Is this a debate about a more British-centred HRA or reforming the abortion laws? Any Bill of Rights should contain the rights currently guaranteed by MHoC law.
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        (Original post by O133)
        Is this a debate about a more British-centred HRA or reforming the abortion laws? Any Bill of Rights should contain the rights currently guaranteed by MHoC law.
        As this Bill does. The Bill eliminates no rights, only adds rights. It's just more British-centred.
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        (Original post by Sanctimonious)
        I can only presume this is to stop interference with the church. I think, given the churches power in the UK, this is a fair and just proposal. I don't really see an issue with this. I'd want to keep things away from the church as much as possible. The state also recognises civil partnerships anyway.

        I'm of the opinion regardless that marriage is more a religious practice anyway in the modern world. I know this conflicts with many UKIP MP's/members views but again that's what makes politics interesting. I really don't see any need for the state to recognise my love for another person. It really is none of their business. I'd only ever get married for the sake of the person I'm with as I know my views are not shared by many and I'm tolerant enough, being a democratic who promotes free speech, to accept that.

        People will say it's homophobia because they don't understand the point being made but its not. What it is is not wanting state or governmental affairs such as equality laws being imposed upon religions who have their own practice's. Yes we should shape religion in some regard. Do we want religions advocating killing in the UK? No. But there's a line that must be drawn. If you shape a religion so much through legislation it will in effect become an entirely different religion with practises forced upon it that are incomparable to the original practises set within the religion over years and years. The founded principles of a religion.

        I'm not a deeply religious person. I'm an atheist in fact but the church exists and is very powerful and they believe in what they believe however wrong modern society feels such beliefs are. That is their decision. Who are we to tell them they are wrong? Who are they to tell us we are wrong? We are just people at the end of the day living by the ways we believe are right. To coexist peacefully there must not be sides taken by the state. The moment the state does that all hell will break lose. Its not a path I wish to go down.
        Hum, I can see what you mean but I think you are forgetting that marriage is not Christian but yes it has been historically religious. However I still uphold the view point that religions should be tolerant and allow for same sex marriage.
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        (Original post by This Is Matt)
        As this Bill does. The Bill eliminates no rights, only adds rights. It's just more British-centred.
        OK. That comment was mainly aimed at tehFrance's comments about banning abortion. Not that I would consider Section 1 to affect this as I don't consider life to start until birth.

        Not that I support this bill. The European Court does a perfectly good job and is an excellent way to "peer review" cases across Europe.
       
       
       
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