5 April 2010
The Scottish and Northern Irish Human Rights Commissions have issued a joint statement responding to the Conservative Party’s plans to repeal the Human Rights Act and introduce a British Bill of Rights.
Professor Alan Miller, Chair of the Scottish Human Rights Commission (SHRC), is quoted on their website. Interestingly, he makes the link between the HRA and devolution for Scotland: “The Human Rights Act in combination with the Scotland Act is an important pillar of devolution for Scotland. Rather than needing to be repealed it needs to be progressively built upon in Scotland.” Justice, a Human Rights organisation, made the same point on devolution in a recent report.
Professor Monica McWilliams, Chief Commissioner of the Northern Ireland Human Rights Commission said: “Nowhere in the world has the repeal of existing human rights protections been a starting point for discussing a proposed Bill of Rights.”
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30 March 2010
We have been following with interest the debate over the proposed “Bill of Rights” which all of the major parties are considering in some form. Dominic Grieve QC, the Shadow Justice Secretary, gave a speech last week to the Human Rights Lawyers Association which touched upon the Conservative Party’s proposals. Francis Klug wrote in The Guardian that:
Some of us asked Grieve to clarify the effects of these proposed interpretation clauses at yesterday’s meeting. I am not sure we were any the wiser. The purpose appears to be to free our judges from the approach of the Strasbourg court (they are already free from slavishly following the case law) where rights are not absolute. The text of the ECHR could still be used, Grieve says (although he suggests this is only his personal preference, not necessarily his party’s). But it is not at all clear that the human rights framework for balancing or limiting rights – based on preventing harm rather than creating eligibility criteria – will survive these suggested “interpretation clauses”.
The text of the speech has not been published, but Mr Grieve has published a speech on the same topic on his website, given in November 2009. In that speech he made clear that the Human Rights Act would not be replaced without a wide public consultation. However, he did provide some clues as to the nature of the “interpretation clauses”, saying:
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14 January 2010
Geoffrey Robinson QC has written an interesting article over at Standpoint.
He says: “The weasel words of the European Convention are undermining our ancient liberties. David Cameron is right to demand reform”