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From the Human Rights Act to a Bill of Rights?

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From the Human Rights Act to a Bill of Rights? 1129 words Key Issues for the New Parliament 2010 SECURITY AND LIBERTY House of Commons Library Research From the Human Rights Act to a Bill of Rights? Alexander Horne and Lucinda Maer Proposals for a British Bill of Rights have come from across the political spectrum. The various plans would have very different consequences distribution remained matters for elected in Northern Ireland, which has been working The Human Rights Act (HRA) was introduced Parliament and the rule of law, exacerbated governments rather than the courts. towards its own rights framework? Would in 1998 to “bring rights home”. Essentially, it by extensive commentary on the Act. This the Scotland Act 1998 need to be amended, allows UK nationals to rely on rights contained has resulted in friction in policy areas such as Labour mooted the possibility of introducing as currently the Scottish Parliament cannot in the European Convention on Human Rights asylum, immigration and counter-terrorism. specific “duties” or “responsibilities” that pass legislation which is incompatible with the before the domestic courts. would sit alongside the rights already guaranteed, such as the duty to obey the law HRA? The legislation has not been universally Damaging myths about the and pay taxes, though, as some fundamental popular. Some have branded it a “criminals’ rights are absolute and not subject to “good charter”, following suggestions that it had HRA have taken root in the A NEW CONSTITUTIONAL FRAMEWORK? behaviour”, it is not clear whether such been abused by various litigants. In 2006 popular imagination responsibilities could be given legal effect in A Bill of Rights might also be brought forward Tony Blair complained that a judgment about legislation. together with a new written constitution. This a group of Afghans who had hijacked a The Conservatives have further argued that could entrench constitutional legislation and plane was an “abuse of common sense”. The the current legislation has created a culture allow the courts to rule legislation unlawful. judgment was later upheld on appeal. of “risk aversion” among public authorities. REPLACING THE HUMAN RIGHTS ACT? Gordon Brown raised the possibility that such Such cases have fed concern that the courts In 2006 a Government-sponsored review Some have argued that the HRA does little a document might be published in time for are becoming more “activist” and involved of the operation of the Act stated that it to protect historic constitutional rights and the 800th anniversary of the Magna Carta in dealing with “small p” political questions had been bedevilled by misconceptions and liberties, such as the right to trial by jury or in 2015. Creating such a new constitutional that would previously have been settled by had sometimes been “misapplied”. The free speech. The Conservatives have suggested framework would need to be achieved with politicians and administrators. Some political Government also acknowledged that a series a new Bill of Rights to replace the HRA. political consensus in order to be sustainable figures have criticised the way in which the of damaging myths about the Act had taken Exactly how this would operate in practice in the long term, but also perhaps with public courts have dealt with an increase in public root in the popular imagination. in relation to the European Convention involvement. One criticism of the HRA has law (judicial review) and human rights cases. on Human Rights is unclear, though the been that the public has felt no ownership of There sometimes appears to be a tension Conservatives have indicated that they the legislation. There have been suggestions between the principles of the supremacy of TOWARDS A NEW BILL OF RIGHTS? would seek a greater national “margin of for a “citizens’ convention” to formulate or In 2007 the Labour Government began to appreciation” in how the rights were applied debate proposals before they are put to the consult on building on the Human Rights Act in a domestic context. country in a referendum. HUMAN RIGHTS AND PARLIAMENT to create a Bill of Rights. Other political parties While it seems unlikely that the UK would opt Commentators and Non-Governmental Organisations involved in the Bill of Rights Ministers who bring primary legislation have also called for a Bill of Rights. There out of the European Convention on Human debate (whatever their views of the 1998 Act) before the House of Commons are consequently various models for such a Rights, if the HRA were repealed and the look upon it as an opportunity to gain public are currently required to produce a document, each of which has a significantly Convention rights were no longer contained support for a new constitutional settlement. “statement of compatibility” indicating different meaning. in UK law, aggrieved parties might once again Most recognise that while the HRA may whether or not the Bill is in conformity have to take their case to the Strasbourg court have had a substantial influence on UK law, with the provisions of the European for determination. Moreover, depending on BUILDING ON THE HUMAN RIGHTS ACT? it has not found popular support amongst Convention on Human Rights. the funding available (through legal aid or Some have suggested that wider economic, the general public and has been subject to Parliament’s Joint Committee on Human otherwise), parties might find it less easy to social and environmental rights could be sustained criticism by parts of the press. Rights also considers the human rights bring rights-related proceedings. added to a British Bill of Rights, though it compatibility of legislation, although it There are also certain devolution issues which may be that all concerned would prefer that does not have any right to veto it. would need to be overcome if the HRA were decisions regarding taxation and resource to be repealed. How would a new Bill apply 84 85.
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