Never mind gutter politics, the Tories are now digging their own ditches to get even lower than usual - in fact if they get any lower you’ll need Tony (Robinson not Blair) and the fucking time Team to find them.

Don’t believe me? Well lets try the facts about today’s announcement on travellers for size…

FACT: Creating a criminal offence of trespass which applies only to travellers is racist.

Travellers in the UK are made up, for the most part, of two distinct and legally recognised (under the Race Relations Act) ethnic groups, the Romany Gypsies and Irish ‘Tinkers’. Any law which disproportionately targets a specific ethnic group is inherently discriminatory and, therefore, racist.

FACT: Howard cannot modify the Human Rights Act in order to implement this proposed law.

The UK could, in theory, apply a derogation (i.e. cop out) to Article 8 - Right to Respect for Private and Family Life - in order to implement this proposed law. However such a derogation would, itself, be illegal under Article 14 - Prohibition of Discrimination - which reads as follows:

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.

In other words a derogation cannot have the effect of discriminating against a particular ethnic group, as would be the case were Howard try to apply one to implement this law, which means that the only way he could legally put this law on the statute books would be to repeal the Human Rights Act in its entirety.

FOOTNOTE: National governments are not permitted to derogate Article 14 in any circumstances other than in restricting the political activities of ‘aliens’.

FACT: Howard knows that his policy on Travellers, if implemented, would mean repealing the Human Rights Act.

He’s a barrister FFS, of course he knows. Saying that he might have to repeal Human Rights legislation if he can’t amend it to suit his purpose is disingenuous to say the least.

FACT: Even if Howard were to repeal the Human Rights Act, his proposed trespass law would still be illegal.

The UK’s Human Rights Act is merely the incorporation into UK law of the European Convention on Human Rights and was put in place to allow the UK courts to hear human rights cases rather them having to go to the European Court of Human Rights.

Even without the Human Rights Act in place, the European Court of Human Rights would still have jurisdiction over Howard’s trespass law and would find it to be illegal as it breaches Article 14. Decisions of the European Court are binding on the UK government.

FACT: In order to implement this law, Howard would not only have to repeal the Human Rights Act in the UK, he would also have to take the UK out of the European Union as this would be the only way to avoid the jurisdiction of the European Court of Human Rights.

Does Howard know this? You betcha! Remember he is a barrister.

FACT: Michael Howard is fundamentally unfit for the job of Prime Minister of the United Kingdom.

That goes without saying, doesn’t it.