by Vanessa Yu on 18/09/22
Image source: Human Rights in Northern Ireland: What if the Human Rights Act were repealed? - Research Matters
Background of the event
As a sequel to Brexit, the UK government had announced plans to replace the Human Rights Act (HRA) with a British Bill of Rights.
The HRA, which incorporates articles of the European Convention of Human Rights (ECHR) into British law, was passed in 1998. It protects fundamental rights of individuals and warrants that UK courts must read all other laws in a way that is compatible with the Convention rights. The introduction of the Bill of Rights by former justice secretary Dominic Raab to replace the HRA would reassert the supremacy of UK courts, meaning that UK courts can disregard rulings from the European Court of Human Rights and hence limit human rights protection for people such as prisoners and foreign nationals.
Conservative MPs claim that the Bill contains measures to strengthen freedom of expression and provides a “sound legal basis” to tackle illegal migration.
What is happening now/current events
This move has prompted a political battle over human rights in the UK. As Liz truss was elected the new PM, her government has shelved plans to proceed with such reform. The Bill would have given supremacy to the UK court over rulings from the European Court of Human Rights. Robert Buckland, Raab’s predecessor at the Ministry of Justice, has evinced his concerns about the proposals to “elevate certain parts of our existing statute law (the HRA)” to become rights. This would risk policising the courts, giving the exact opposite effect of the “better separation of powers” supporters of the Bill claimed the Bill would have brought about.
It is believed by critics that the Bill would in fact do little to give more protection to freedom of press and expression. The government’s focus has instead been on the pursuit of ideologies – the restoration of national sovereignty and pride. Much as these ideological beliefs are popular with sections of the public, they should not be the driving factor behind overhauling human rights law.
What this means to the local community and wider implications
The HRA has long been a cornerstone in the protection of human rights in the UK. It has proved itself influential in protecting the standards of freedom of expression throughout the years. For instance, it has favoured the protection of freedom of expression in defamation cases, enhanced the protection of journalistic materials and protected the right to protest. Despite this, the government alleges that the HRA should be replaced with a Bill of Rights to strengthen freedom of expression.
The abolition of the HRA is but another move of the government’s clamping down of people’s rights. Under the proposals, the meaning of rights protected in the Bill of Rights differs from those in the ECHR. UK courts would no longer be required to follow the case laws of the European Court of Human Rights; individuals would have to bring costly proceedings before the European Court to seek the protection they can currently get from UK courts. Stephanie Boyce, president of the Law Society of England and Wales, has pointed out that the Bill would grant the state greater unfettered power over the people. Protections of rights would be reduced “with the most disproportionate effects on already marginalised communities”.
This is no doubt a lurch backwards for justice in the UK. Whilst the government has claimed that the Bill, in lieu of the HRA, would assert a better separation of powers between the courts and Parliament, it has in fact manifested its disregard for the checks and balances underpinning the rule of law.
What we can do to help
Human rights organisations such as Article 19 have spoken out and suggested steps the UK government should take instead to better protect freedom of expression. For instance, the government should review and revise other legislative proposals that have freedom of expression implications, and reform anti-terrorism legislations and policies to make them compliant with international freedom of expression standards.
Sources
Article 19, UK: Abolishing the Human Rights Act will not protect freedom of speech
BBC News, Bill of Rights: Liz Truss shelves plans to reform human rights law
The Economist, The Conservatives are planning to overhaul the Human Rights Act
The Guardian, No 10 to set out sweeping plans to override power of human rights court
The Guardian, Liz Truss halts Dominic Raab’s bill of rights plan
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