Meet our new Euro human rights judge… who’s not even a real judge: Top Strasbourg job for man who’s never sat in a British court

  • Paul Mahoney has worked for the Council of Europe for more than 30 years, but has never before sat as a judge
  • The 65-year-old eurocrat and lawyer has written in academic papers that the court can ‘make new law’
  • Tory MPs liken Mr Mahoney’s appointment to the ECHR role to ‘putting the fox in charge of the chicken coop’

By
James Slack

18:38 EST, 27 June 2012

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18:38 EST, 27 June 2012


'Fox in charge of the chicken coop': Paul Mahoney has been made the UK representative at the European Court of Human Rights in Strasbourg

‘Fox in charge of the chicken coop’: Paul Mahoney has been made the UK representative at the European Court of Human Rights in Strasbourg

A eurocrat who has never been a judge in Britain was last night appointed the UK’s representative at the European Court of Human Rights.

Paul Mahoney beat off two other candidates – including a QC who has acted for radical cleric Abu Qatada – to become a £150,000-a-year judge at the Strasbourg court.

The 65-year-old worked for the Council of Europe, which runs the human rights court, for more than 30 years.

He was its registrar – senior staff lawyer – from 2001 to 2005, and has written in academic papers that the court can ‘make new law’.

Horrified Tory MPs likened his appointment to ‘putting the fox in charge of the chicken coop’.

He was in post for the hearings which led to the ruling that prisoners must be granted the vote.

He was also the legal adviser to the Euro judges who ruled in 1999 that Jon Venables and Robert Thompson did not receive a fair trial for the killing of James Bulger and that it was not up to the Home Secretary to set their minimum punishment period.

The court also awarded costs and expenses of £15,000 to Thompson and £29,000 to Venables.

Most worrying for Tory MPs are comments made by Mr Mahoney on whether European judges should be allowed to make laws.

Academic papers seen by the Mail quote Mr Mahoney as saying that: ‘The open textured language and the structure of the Convention (on Human Rights) leave the Court significant opportunities for choice in interpretation.’

He goes on: ‘In exercising that choice, particularly when faced with changed circumstances and attitudes in society, the Court makes new law.’

Last night, Tory MP Dominic Raab said: ‘Someone who has spent over 30 years working in the Strasbourg court as in-house counsel, at a time of massive judicial legislation, is hardly the guy to rein it in.

‘It is like putting the fox in charge of the chicken coop.’

The European Court of Human Rights, Strasbourg: Mr Mahoney was its registrar from 2001 to 2005, and has written that the court can 'make new law'

The European Court of Human Rights, Strasbourg:
Mr Mahoney was its registrar from 2001 to 2005,
and has written that the court can ‘make new law’

Mr Mahoney, an Oxford University-educated barrister, lectured in law at University College London for six years before practising at the bar in London during the 1970s.

The other two candidates on the Government’s shortlist were Ben Emmerson QC, who represented Abu Qatada and is a founder of the Matrix Chambers where Cherie Blair is a member, and Raquel Agnello QC, an insolvency and pensions specialist.

Mr Raab said: ‘I would have thought an insolvency expert is just what Europe needs right now.’

The list of contenders was drawn up the Ministry of Justice. There was disquiet at Westminster that Ken Clarke’s department had been unable to find a candidate with judicial experience in the UK which, bizarrely, is not a requirement for sitting in the ECHR.

The final decision was taken by a vote of the Parliamentary Assembly of the Council of Europe, a 318-strong collection of politicians from the Council of Europe’s 47 member countries.

A eurocrat for 30 years

Here’s what other readers have said. Why not add your thoughts,
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The ECHR is a blueprint for the creation of a police state and has no place in England’s Constitution which is for ALL TIME.

Couldn’t they find anyone less qualified for this position? And if the Tory MPs are “horrified” by this appointment, who actually appoints these people? Also, how can an unelected body make laws for the people that didn’t put them there in the first place? Something 200% wrong here.

So what. A lot of our so called “fancy dress” judges are not real judges. They have only been put into the position because of the “old boys” network !.

Just how big is the trough in the E.U. How many more of these people do we have to pay? Get real Cameron get us OUT now.

They are just taking the peee out of us !

The man is eminently qualified for the role, time served EU bureaucrat, over inflated sense of the courts importance and if he proves himself to be as out of touch with reality and the public as do most Judges he will fit right in with the other members of the ECHR. Just remember the court exists more for ideological reasons and the furthering of a political agenda than the pursuit of justice as the average EU citizen would understand the concept.

Ask those who survived WWII if the ECHR is a farce.

For goodness sake, will someone please free us from the Human Rights Scam?

Half of our “real” judges don’t have a clue anyway.

yet another reason to leave the human rights debacle and have our OWN laws

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