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The Round-up: Human Rights Act – the long struggle ahead

1 June 2015 by

Actor Benedict Cumberbatch is vocal in his support for the HRA

This week’s Round-up is brought to you by Hannah Lynes

In the news

Prime Minister David Cameron has postponed the introduction of a British Bill of Rights, the Queen’s Speech containing only proposals for consultation. Director of Liberty, Shami Chakrabarti has welcomed the development:

“It is heartening that a Conservative Government committed to scrapping the Human Rights Act has at least paused for thought in its first Queen’s speech. There is a long struggle ahead but time is the friend of freedom.”

Debate surrounding the proposed Bill of Rights continues in full force. Proponents of the HRA draw attention to perceived misconceptions advanced by the opposing side. Lord Leveson points out that UK courts are not ‘bound’ by the decisions of Strasbourg (“the legislation only requires us to take them into account”), whilst Colin Yeo for the Free Movement blog questions the accuracy of claims that the HRA prevents us from deporting serious foreign criminals. Dr Ed Bates argues in the Constitutional Law blog that the domestic judiciary is more supportive of the ECHR than certain politicians would have us believe. Useful coverage of the views expressed by senior judges is provided here.

Other news

Housing: Leading housing charities last month issued a report claiming that the present ‘crisis’ in housing has put the UK in breach of its UN obligations to provide adequate homes. Housing campaigners fear government proposals set to reduce housing benefit for 18-21 year olds will serve to exacerbate the problem. The measures could “spell disaster for thousands of young people who…could be facing homelessness and the terrifying prospect of roughing it on the streets”, warns Chief Executive of Crisis, Jon Sparkes.

Surveillance: Prominent legal academics have signed a letter calling on the Government to ensure that any changes in surveillance law “are fully and transparently vetted by parliament, and open to consultation from the public and all relevant stakeholders”. The Guardian reports here.

Police: Hampshire Constabulary has admitted a failure to properly investigate the complaint of a victim of rape, who had been accused of lying by the force. An out-of-court settlement was reached with the young woman following commencement of proceedings under the Human Rights Act.

Discrimination: A woman turned down for a job because she observed Shabbat, the Jewish day of rest, was successful in her claim for indirect discrimination. The Telegraph reports on the decision.

Gender: An interview with barrister Roy Brown in Halsbury’s Law Exchange examines the significance of recent High Court decisions in JK and Carpenter for transgender rights in the UK.

In the courts

This case concerned the question of legal representation in complex family proceedings. The Court of Appeal held that whilst it may be inappropriate for an unrepresented litigant to conduct cross-examination of his alleged victim, a judge is not entitled to order the Courts Service (HMCTS) to pay for a legally trained advocate to do so on the litigant’s behalf. A court is not permitted to circumvent the detailed provisions for legal aid eligibility set out in LASPO. Further, the result does not amount to a breach of Article 6 ECHR (the right to a fair trial), since the court has available to it other alternatives. These include the possibility of the judge himself conducting the questioning.

1COR’s David Hart QC analyses the decision here.

UK HRB posts

Events

1COR/JUSTICE will be holding a major seminar on 4 June: Public Law in an Age of Austerity. To register please email Lisa Pavlovsky.

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

Hannah Lynes

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