In a previous blog, we commented on the new Human Rights Bill that Dominic Raab is seeking to implement. Our previous blog contains the following:
“However, there has been a backlash against the proposed Bill due to it stating that ECHR judgments would not be binding in UK Courts. Opponents have stated that this would mean that the rights of particular categories of people would be reduced.”
It appears from Dominic Raab’s recent appearance in the House of Commons for questioning on his proposed bill on 22 November 2022 that such a backlash continues. The Law Society Gazette reported as follows:
“Scottish National Party MP Kirsten Oswald told the lord chancellor that four of the five parties in the Scottish parliament were committed to protecting the Human Rights Act. It was a view shared by the party of government in Wales, it constituted a majority position in Northern Ireland and it was shared by more than 40% of MPs in Westminster who collectively represent a clear majority of the electorate. ‘Does he not see that by pushing his proposed bill he’s trampling across the will of the devolved administrations but also across the views of the majority of the public?’”
In reply, Dominic Raab confirmed that:
- he was committed to working with devolved Governments to consider any concerns that they may have;
- the European Convention on Human Rights will not be removed;
- ‘the idea that the Human Rights Act was the last word on human rights in UK constitutional history is daft’; and
- He ‘confidently predicts that at second reading the Bill of Rights will have overwhelming support in this house’.
It is very clear that the proposed Bill of Human Rights is still subject to a great degree of resistance. City lawyers have indicated that they view a change in the Human Rights Act would give international competitors ‘a stick with which to beat the reputation of the UK jurisdiction and take business away’. The Law Society vice-president confirmed:
“If the Bill of Rights bill were to pass as drafted it would give the UK government greater latitude to diverge from its international obligations under the European Convention on Human Rights (ECHR). The bill could put the UK at greater risk of being found in breach of the ECHR. This would send a clear message to global businesses that the UK is a riskier place to invest and do business.”
Given the recent impact that Liz Truss’ proposed tax reforms had on the UK’s standing in international markets, the risk set out by the Vice-President of the Law Society could be well founded. Given the continued resistance to the proposed Bill of Human Rights, it remains a live question as to whether it will ever reach the statute books.
How can Nelsons help
Kevin Modiri is a Partner in our expert Dispute Resolution team.
If you have any questions concerning the subjects discussed in this article, please do not hesitate to contact Kevin or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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