- Three-month consultation launched as new balance sought on
human rights
- Permission stage proposed to deter spurious human rights
claims
- Move to strengthen rights and restore public confidence in
the system
Proposed new legislation aims to strike a proper balance between
individuals’ rights, personal responsibility and the wider public
interest. This would be achieved while retaining the UK’s
commitment to the European Convention on Human Rights (ECHR).
Crucially, the proposed measures will restore Parliament’s role
as the ultimate decision-maker on laws impacting the UK
population, allowing more scope to decide how we interpret
rulings from the European Court of Human Rights in Strasbourg.
This will put an end to us gold plating any decisions made by
Strasbourg when we incorporate them into UK law.
It will restore a common-sense approach in vital areas such the
UK’s ability to deport foreign criminals, like drug dealers and
terrorists, who too often exploit human rights laws to avoid
deportation.
The proposals achieve this by restricting the rights available to
those subject to deportation orders, strengthening the existing
legal framework, or limiting the grounds on which a deportation
decision can be overturned. This – alongside wider Home Office in
its New Plan for Immigration - will reduce pull factors to the UK
being exploited by people smugglers facilitating dangerous small
boat crossings.
It is estimated that as many as 70 percent of successful human
rights challenges are brought by foreign national offenders who
cite a right to family life in the first instance when appealing
deportation orders. This approach even proved successful in the
case of a man who had assaulted his partner and paid no child
maintenance to support his family.
The plans will give the Supreme Court more ability to interpret
human rights law in a UK context, meaning the Government can
enforce rules designed to tackle forced marriages without fear of
intervention from Strasbourg.
Today’s move seeks to strengthen quintessentially British
traditions – such as freedom of speech and the right to a jury
trial – while ensuring the system is not open to abuse.
Deputy Prime Minister and Secretary of State for Justice, said:
Our plans for a Bill of Rights will strengthen typically British
rights like freedom of speech and trial by jury, while preventing
abuses of the system and adding a healthy dose of common sense.
The UK will remain party to the ECHR and continue to meet its
obligations under the convention and all other international
human rights treaties.
However, Ministers will ensure the UK Supreme Court has the final
say on UK rights by making clear that they should not blindly
follow the Strasbourg Court. It will mean that rights are
interpreted in a UK context, with respect for the country’s case
law, traditions, and the intention of its elected law makers.
Proposals also include measures to introduce a permission stage
which will intercept frivolous claims that sap the energy and
resource of courts.
Meanwhile, greater prominence will be given to the rights to jury
trial and freedom of expression - meaning the space for rigorous
debate will reflect the UK’s traditions and secure its values.
The UK has a long history of defending rights – from Magna Carta
in 1215, the 1689 Claim and Bill of Rights, the Slave Trade Act
of 1807 to the 1918 Representation of the People Act.
This consultation seeks views on how best to guarantee that the
country’s human rights framework puts rights and responsibilities
alongside each other to meet the needs of the society it serves.
It follows a report from the Independent Human Rights Act Review
Panel which examined how the Human Rights Act is working after 21
years in operation.
Notes to editors
