Overview

This bill aims to repeal the Human Rights Act 1998 and replace it with a new UK Bill of Rights and Responsibilities. The proposed UK Bill would incorporate many of the same rights but shift the focus towards domestic courts, while reducing the influence of the European Court of Human Rights.

Description

The bill repeals the Human Rights Act 1998 and introduces a new UK Bill of Rights and Responsibilities (detailed in Schedule 1). This new Bill sets out fundamental rights and freedoms, including the right to life, liberty, a fair trial, and freedom of expression. Importantly, the bill limits the ability of UK courts to strike down primary legislation deemed incompatible with these rights.

Interpretation and Application of Rights

The bill outlines how UK courts should interpret the new rights, allowing them to consider precedents from other common law jurisdictions (e.g., Australia, Canada, USA) but remaining bound by higher UK courts. The conduct of the person claiming the right and considerations of fairness and justice will also be taken into account.

Declarations of Incompatibility

If a court finds a provision of primary legislation incompatible with a UK right, it can issue a declaration of incompatibility, but this does not invalidate the law. For subordinate legislation, a court can potentially quash or declare the provision invalid if incompatible.

Government Intervention

The government (Crown) has the right to intervene in legal cases concerning declarations of incompatibility and can become a party to the proceedings.

Remedial Action

The bill allows ministers to amend legislation deemed incompatible with UK rights, via a remedial order, subject to parliamentary approval.

Other Rights and Proceedings

The bill safeguards existing human rights, addresses freedom of expression (including restrictions on pre-trial publication), freedom of thought, conscience and religion, and clarifies procedural aspects (e.g., statements of compatibility).

European Convention on Human Rights

The bill clarifies that while the European Convention on Human Rights continues to exist, its provisions and rulings are no longer binding on UK courts or individuals.

Government Spending

The bill does not directly provide figures on government spending. The potential impact is indirect; changes to legal processes and potential litigation may increase or decrease government spending on legal services and compensation claims.

Groups Affected

• Courts and Tribunals: Their role in interpreting and applying human rights will change significantly.
• Government Departments: Will need to adapt their operations to align with the new UK Bill of Rights.
• Individuals: Their ability to assert human rights and seek legal remedies might be altered, especially with regard to the influence of the European Court of Human Rights.
• Human Rights Organisations: Their work and advocacy will need to adapt to the new legal framework.
• Lawyers: They will need to adapt their practice to work under the new legislation.

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