Written evidence from Paul Watterson
1. Three fundaments of our democracy are
the sovereignty of Westminster, the separation of the judiciary
and the legislature and the inability of a current parliament
to bind those which follow it. I believe the Bill under discussion,
if ever adopted, would greatly weaken all three and I have chosen
five specific areas within the report to illustrate this belief
(relevant page numbers are listed).
2. Discrimination: pg 33
"2. No one shall be unfairly discriminated
against by any public authority on any ground such as:
race, membership of the Irish Traveller community,
colour, ethnicity, descent, sex, pregnancy, maternity, civil,
family or carer status, language, religion or belief, political
or other opinion, birth, national or social origin, nationality,
economic status, association with a national minority, sexual
orientation, gender, identity, age, disability, health status,
genetic or other predisposition toward illness, irrelevant criminal
record, property or a combination of any of these grounds, on
the basis of characteristics associated with any of these grounds,
or any other status."
This clause, and in particular the last "or
any other status" (apart from being completely impractical),
would force individual judges to be the final arbiters of what
is and what is not "discrimination" within the widest
of parameters delivered by the wording. For example, if I am below
the approved height and strength for the Fire Service, under that
last clause I would still have the right under the bill to take
my case to court. It would be up to the judge, not the legislature
of either the UK or the EU, to first of all define what discrimination,
if any, had taken place.
3. Standard of living: pg 47
"A provision should be drafted to ensure
that—
1.Everyone has the right to an adequate standard
of living sufficient for that person and their dependents."
Everyone is guaranteed an "adequate"
standard of living. What is an "adequate" standard of
living? Neither this bill nor our legislature is capable of defining
that for each separate case independently. The judiciary will
not be interpreting the law in this, are but will be actually
making it when compelled to give decisions on individual cases.
4. Right to work: pg 122
"A provision should be drafted to ensure
that—
1.Everyone has the right to work, which includes
the right to the opportunity to gain their living by work which
they freely choose or accept."
What does this mean for present and any future
proposed welfare reform? In reality, what this proposal is doing
is guaranteeing any citizen the right to turn down work which
they may not find suitable and still simultaneously continue to
rely on the state for the "adequate" standard of living
already mentioned above. If this Bill becomes law, therefore,
future parliaments will be bound by legislation passed by a prior
one.
5. Social Security: pg 128
"A provision should be drafted to ensure
that—
1.Everyone has the right to social security, including
social assistance, social insurance and pension."
Connected with the two previous points, this
measure will, of necessity, entail the judiciary deciding on the
balance that needs to be struck in this area. Furthermore, future
parliaments will be unable to adapt to changing social or economic
circumstances, thus greatly weakening the principle of accountable
and democratic governance.
6. Proportional Representation: pg 35
"A provision should be drafted to ensure
that—
4.A Bill of Rights for Northern Ireland recognises
the safeguards contained in the Belfast (Good Friday) Agreement
1998 for inclusive, proportionate and equitable participation
in regional government and recommends, by means to be determined
in legislation, equivalent safeguards for local government."
Owen Paterson MP and Shadow Spokesman for Northern
Ireland has argued that this clause contravenes the requirement
in the Belfast Agreement to review the current voting system regularly.
Again, this is the case of the present legislature bounding in
perpetuity those that may follow it.
7. I have limited myself here to five examples
as evidence for the assertion I made at the beginning of this
submission. Members of the committee will, having read the report,
undoubtedly have encountered others- in my opinion, this report,
if it were ever to become law, would have serious implications
for our democratic system of governance.
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