Overview

This bill proposes to repeal the Human Rights Act 1998 and replace it with a new UK Bill of Rights and Responsibilities. The aim is to create a British bill of rights reflecting UK values and legal traditions, while still protecting fundamental human rights.

Description

The bill establishes a new UK Bill of Rights and Responsibilities (Schedule 1), outlining fundamental rights and freedoms. It allows UK courts to consider judgments from other common law countries when interpreting these rights, but they remain bound by UK precedent. The bill clarifies how legislation should be interpreted in light of these rights, emphasizing the ordinary meaning of words. Declarations of incompatibility with the UK Bill of Rights can be made by specified courts but do not invalidate legislation. The government retains the right to intervene in such cases. The bill also addresses acts of public authorities, stipulating that it is unlawful for a public authority to act incompatibly with UK rights unless explicitly permitted by legislation. It outlines procedures for legal challenges and remedies, including potential damages, but restricts awards to amounts comparable to those of the European Court of Human Rights. The bill also specifies provisions for freedom of expression and freedom of thought, conscience and religion. Importantly, the Human Rights Act 1998 is repealed, and judgments from the European Court of Human Rights are no longer considered binding.

Government Spending

The bill does not directly specify impacts on UK government spending. However, potential litigation costs associated with challenges to legislation under the new framework could represent an indirect cost. The cost of amending existing legislation to ensure compatibility with the new UK Bill of Rights could also have financial implications.

Groups Affected

Individuals: Individuals will have their rights and freedoms defined and protected under the new UK Bill of Rights. However, the removal of the binding nature of the European Court of Human Rights' judgements may impact the strength of protection afforded.
Public Authorities: Public authorities will be subject to the new UK Bill of Rights, requiring them to ensure their actions are compatible with its provisions. They may face increased legal challenges and potential liability.
Courts: Courts will play a crucial role in interpreting and enforcing the new Bill of Rights. Their procedures and powers are redefined by this bill.
Parliament: Parliament will have a role in scrutinising and potentially amending legislation to address any declarations of incompatibility.

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