British Bill of Rights 2023 Review
Context:
HRA passed 1998 incorporated European Convention on Human Rights into British law, into
force Oct 2000.
Before this, anyone who felt their convention rights had been breached had to go to the
European Court of Human Rights in Strasbourg.
Long attracted criticisms from Cs.
2010 C manifesto promised to repeal HRA and replace with a British Bill of Rights.
Since 2019 = real momentum behind it - Dec 2021, Johnson gov opened a formal
consultation on its paper 'Human Rights Act Reform: A Modern Bill of Rights'.
The consultation closed April 2022 - Raab made an official response to the comments the
gov received on its proposals - gov's intention to intro a bill in line with gov's original
intentions.
The bill started its passage through the Houses of Parliament June 2022 but was withdrawn
by Truss gov in September as she felt it need to be reworked.
Raab's reappointment by Sunak to secretary of state for justice suggests the bill is likely to
be re-introduced.
European Convention on Human Rights (ECHR):
1951 - Britian became 1st country to ratify the Convention -> formal part of British law in
1953.
Governments have an obligation to protect individuals from human rights abuses.
People who feel that their gov is failing can bring a case to the European Court of Human
Rights, judgements made here are binding so member states should change their laws.
Reasons that Cs want to replace HRA:
Want to reduce number of human rights cases coming before the British courts, supposedly
currently allows some 'trivial' cases to come to court.
Want to reassert sovereignty of Parl in area of human rights law. Cs stress that lawmakers
and NOT unelected judges should have a final say on what human rights people can claim.
The British Bill of Rights would introduce more detailed and specific guidance on the rights
to which people are entitled.
Changes proposed - ECHR:
Remain part of ECHR, important symbolically.
ECHR does not command universal support in C party with the European Research Group of
MPs being especially sceptical. If another BBoR were to be drafted then there would be
pressure from some in the C party to take the radical step of withdrawing from it all together
(would be resisted by L, LDs and SNP).
Promise that BoR would continue to protect the 'substantive' rights people can currently
claim under the Convention.
Proposed introducing a new right to trial by jury BUT also makes it harder for people to bring
human right cases to court as people will have to prove that existing circumstances would
have caused them 'significant disadvantage'. This would ultimately reduce number of human
rights cases.
Changes proposed - SC:
Context:
HRA passed 1998 incorporated European Convention on Human Rights into British law, into
force Oct 2000.
Before this, anyone who felt their convention rights had been breached had to go to the
European Court of Human Rights in Strasbourg.
Long attracted criticisms from Cs.
2010 C manifesto promised to repeal HRA and replace with a British Bill of Rights.
Since 2019 = real momentum behind it - Dec 2021, Johnson gov opened a formal
consultation on its paper 'Human Rights Act Reform: A Modern Bill of Rights'.
The consultation closed April 2022 - Raab made an official response to the comments the
gov received on its proposals - gov's intention to intro a bill in line with gov's original
intentions.
The bill started its passage through the Houses of Parliament June 2022 but was withdrawn
by Truss gov in September as she felt it need to be reworked.
Raab's reappointment by Sunak to secretary of state for justice suggests the bill is likely to
be re-introduced.
European Convention on Human Rights (ECHR):
1951 - Britian became 1st country to ratify the Convention -> formal part of British law in
1953.
Governments have an obligation to protect individuals from human rights abuses.
People who feel that their gov is failing can bring a case to the European Court of Human
Rights, judgements made here are binding so member states should change their laws.
Reasons that Cs want to replace HRA:
Want to reduce number of human rights cases coming before the British courts, supposedly
currently allows some 'trivial' cases to come to court.
Want to reassert sovereignty of Parl in area of human rights law. Cs stress that lawmakers
and NOT unelected judges should have a final say on what human rights people can claim.
The British Bill of Rights would introduce more detailed and specific guidance on the rights
to which people are entitled.
Changes proposed - ECHR:
Remain part of ECHR, important symbolically.
ECHR does not command universal support in C party with the European Research Group of
MPs being especially sceptical. If another BBoR were to be drafted then there would be
pressure from some in the C party to take the radical step of withdrawing from it all together
(would be resisted by L, LDs and SNP).
Promise that BoR would continue to protect the 'substantive' rights people can currently
claim under the Convention.
Proposed introducing a new right to trial by jury BUT also makes it harder for people to bring
human right cases to court as people will have to prove that existing circumstances would
have caused them 'significant disadvantage'. This would ultimately reduce number of human
rights cases.
Changes proposed - SC:
