The Round-up: A British Bill of Rights on the Horizon?

Photo Credit: The Telegraph

In the news

‘The Conservative Party has won a majority and can implement its manifesto. The Human Rights Act will be scrapped,’ writes Colin Yeo for the Free Movement blog. Such an outcome might not be a foregone conclusion, but Professor Mark Elliott is clear that ‘repeal of the HRA, the adoption of a British Bill of Rights and perhaps even withdrawal from the ECHR are now less unthinkable’.

Questions surrounding the content of the proposed Bill of Rights have therefore assumed increased urgency. A press release issued in October 2014 spoke of limiting the rights of illegal immigrants, travellers, victims of British military abuse and foreigners who commit crimes in the UK. Yet as UKHRB founder Adam Wagner notes, ‘only foreign criminals were mentioned in the manifesto, so it is all to play for.’

The HRA has failed to secure resilience in domestic politics. Benedict Douglas for the UK Constitutional Law blog attributes this failure to an absence in the Act of a ‘justification for rights possession in dignity or any other foundational human characteristic’. Mark Elliott points to the manner of its introduction: little effort was made ‘to engage the general public in what was perceived to be a political and legal elite’s pet project’.

Current discussions could thus present an opportunity, argues Adam Wagner for RightsInfo. A ‘Bill of Rights, done properly with real public involvement might help convince people that human rights are for all of us.’

For those looking to read more about human rights reform:

The Human Rights Act and a Question of Legitimacy – Barrister Austen Morgan considers the advantages of a British Bill of Rights for The Justice Gap.

What does a Conservative Government Mean for the Future of Human Rights in the UK? – Professor Mark Elliot puts together a useful list of recent posts he has written on Conservative plans for reform.

Other news:

  • Michael Gove has been appointed Justice Secretary and Lord Chancellor in the post-election Cabinet. The Telegraph reports here.
  • BBC: Two Syrian asylum seekers imprisoned for failing to provide passports have been successful in appealing their convictions.
  • The High Court has ruled that a child should be brought up by her genetic father and his male partner, despite objections from the surrogate mother. The Guardian reports.
  • The Justice Gap: The Uk Supreme Court has launched an on-demand video catch-up.
  • Legal Voice: More than 8,000 lawyers are set to join the London Legal Walk to raise funds for the legal not-for-profit sector
  • Mark Freedland and Jeremias Prassl express concerns over the impact and regulation of ‘zero-hours contracts’ for the Oxford Human Rights Hub.

In the courts

The case concerned the imposition of administrative fines on individuals who had been acquitted by the criminal courts of the same offence. The ECtHR found a violation of the right to a presumption of innocence (contra. Article 6 ECHR) and also the right not to be tried or punished twice (Article 4 of Protocol No.7).

Events

‘In Conversation with Sir Stephen Sedley’ – As part of LSE’s Legal Biography Project, Sir Ross Cranston will interview Sir Stephen Sedley on his life and career in the law. The event will be held on 19 May in the Wolfson Theatre, New Academic Building. More information can be found here.

UK HRB posts

If you would like your event to be mentioned on the Blog, please email Jim Duffy at jim.duffy@1cor.com

Grayling’s legacy, naked rambling and the benefits cap: It’s the Round-up!

Naked RamblerLaura Profumo brings us up to speed with the latest human rights happenings.

In the News

“It seems hard to believe that Grayling will remain Lord Chancellor for long”. Joshua Rozenberg delivered a biting analysis of the minister’s future legacy in the Law Gazette last week. As the General Election looms, “perhaps Cameron has finally begun to realise how much anger and despair there is at the steady erosion in access to justice for which Grayling is held responsible”. If the Conservatives lead the next government, the Lord Chancellor will struggle to secure his place, Rozenberg warns.

Continue reading

The Return of the Round-up!

UnknownAfter a brief hiatus, the Human Rights Round-up is back. Our new team of expert summarisers – Hannah Lynes, Alex Wessely and Laura Profumo – is installed and ready to administer your regular dose of UK human rights news.

This week, Hannah reports on the Global Law Summit, access to justice, and what’s happening in the courts.

 

In the News

‘If you wrap yourself in the Magna Carta…you are inevitably going to look ridiculous if you then throw cold water on an important part of its legacy.’ Lord Pannick QC was not alone last week (23-28th February) in suggesting that there was some irony in Lord Chancellor Chris Grayling evoking the spirit of the Magna Carta at his launch of the three-day Global Law Summit.

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“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings

imgres-1Northamptonshire County Council v AS, KS and DS [2015] EWFC 7 – read judgment

A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.

On 30 January 2013, the local authority placed the child (known as ‘DS’) with foster carers. He was just fifteen days old. In the weeks prior to DS’s birth, his mother’s GP had made a referral to the local authority due to her lack of antenatal care and because she claimed to be sleeping on the street. The mother then told a midwife that she had a new partner. He was a heroin addict.

After the birth DS’s mother avoided seeing her midwife. She frequently moved addresses and conditions at home were exceedingly poor. Three days before DS was taken into care, his mother told social workers that her new partner was being aggressive and threatening to her. She reported that he was leaving used needles around the house. Continue reading

Tory Plans to Repeal the Human Rights Act: the Legal Community Responds – the Human Rights Roundup

Tory HRRWelcome back to the UK Human Rights Roundup, your regular kicking collection of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Celia Rooney.

This week, the legal community reacts to Tory plans to repeal the Human Rights Act. Given the significance of the proposals for human rights protection in the UK, this week’s roundup focuses on how those plans have been received.  Continue reading

UK Human Rights Blog 2013 in review

Happy new year UKHRBWhat a year! As the UK Human Rights Blog approaches 2,000 posts and three million hits since its launch in March 2010, below is a link to a summary of the year in stats. No great surprises as to the most popular posts, which track the most controversial issues in human rights.

The main thing to report is that the blog remains extremely popular, with almost 1.2 million hits in 2013 alone, as well as tens of thousands of regular readers and subscribers. Thank you to the contribution of all of our bloggers, both from 1 Crown Office Row (particularly the indefatigable Rosalind English and David Hart QC) and elsewhere, to our wonderful rounder uppers (Daniel Isenberg, Sarina Kidd and Celia Rooney) and to our fantastic commenters who keep us on our toes all over social media.

This year has been the toughest yet for me in keeping the blog ticking along at the pace you are all used to (I have another full time job – being a barrister), but thankfully I have just about managed it. Unfortunately, this has meant I haven’t been able to post as much as I like but I continue to be very proud of the blog’s achievements and influence.

In light of the Conservative Party’s impending plans for human rights reform (which, as was pointed out by Neil Crowther on Twitter, looked to be tracking Dominic Raab’s 2010 blueprint and 2012 bill pretty closely), 2014 is likely to be another interesting year. As always, thanks to our still rather shiny Human Rights Act, there will be plenty of fascinating decisions from our courts too.

All the best and happy new year to all.

Click here to see the complete end of year report.

Australian judge lays down gauntlet for the angels of human rights

PrintJ.D. Heydon: Are Bills of Rights necessary in common law systems?   – read lecture

Former Australian High Court Justice Heydon’s thought-provoking speech questioning the efficacy and indeed the very merits of the Human Rights Act deserves reading in full, but the following summary highlights its main features and should encourage readers to immerse themselves in the lecture.

Proponents of human rights instruments urge their necessity on society because they gesture toward a morality more capacious than the morality of our tribe, or association, or nationality. The forum of human rights is one in which our allegiances are not to persons or to wished-for outcomes but to abstract norms that are indifferent to those outcomes. That is why the Human Rights Act has around it what Heydon calls an “aura of virtue” that would make its repeal extremely difficult from a political point of view, even though it is legally and practically possible. Continue reading