What just happened?

The UK government has appointed a panel, led by former Court of Appeal Judge, Sir Peter Gross, whose task is to review and critique the ‘structural framework’ of the Human Rights Act 1998 (“HRA”).

What does this mean?

The HRA incorporates fundamental rights and freedoms set out in the European Convention of Human Rights into domestic law.[1] Since its enactment 20 years ago, the HRA has been used to protect the rights of countless individuals in the UK. Most recently, it has been used to hold public authorities accountable for the Grenfell tower tragedy as well as the government's handling of the coronavirus in care homes.[2] [3] Robert Buckland, the Lord Chancellor, has stated that the purpose of this review is “to take a fresh look at the Human Rights Act, see how its provisions are operating and consider whether the framework could be improved”. [4]

Specifically, the review will consider:

- The relationship between the domestic courts and the European Court of Human Rights (ECtHR). This includes how the duty to ‘take into account’ of ECtHR case law has been applied in practice, and whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement.

- The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy.

- The implications of the way in which the Human Rights Act applies outside the territory of the UK and whether there is a case for change.[5]

It is important to note that the Convention predates, and is separate from the European Union. However, these specific points do highlight the Conservative government’s continuing interest in autonomizing the UK’s legal identity in tandem with the imminent Brexit deadline on 31st December, as well as the potential to abandon international legal obligations.

The formal announcement of the review has triggered much opposition from many prominent lawyers as well as the Labour party. As has been stated by the Law Society, “the rights enshrined in the act are core to the UK’s identity as a democratic, fair and just nation. They’re embedded in our culture and legal system and it’s vital that these rights are not rolled back on or compromised.”[6] This is not the first time that the HRA has faced attempts of reform by the government. It is vitally important that this review does not lead to a regression in our rights and weaken the protections that we all enjoy.

The panel is expected to publish its report and recommendations in the summer of 2021, after which the government will respond to the reports[LE1] .[7]

Written by Tatiana Hepher

References:

[1] https://www.legislation.gov.uk/ukpga/1998/42/contents

[2] https://www.equalityhumanrights.com/en/our-work/news/watchdog-confirms-grenfell-breached-human-rights-laws

https://www.bihr.org.uk/blog/grenfell-tower-hra

[3] https://www.itv.com/news/2020-09-09/campaigners-take-legal-action-to-allow-care-home-visits-in-england

https://www.bbc.co.uk/news/uk-54408723

[4] https://www.telegraph.co.uk/politics/2020/12/07/human-rights-act-not-infallible/

[5] https://www.gov.uk/government/news/government-launches-independent-review-of-the-human-rights-act

[6] https://www.lawsociety.org.uk/topics/human-rights/independent-human-rights-act-review

[7] https://hansard.parliament.uk/commons/2020-12-07/debates/20120741000012/IndependentHumanRightsActReview

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.