Labour Attacks Bonkers Review of Human Rights Act

The Government appoints an independent review of the human rights act as campaigners criticise attempts to limit restraints on bad government decisions.


British and EU flags flutter outside the Houses of Parliament in London, Britain, March 11, 2019. REUTERS/Simon Dawson
British and EU flags flutter outside the Houses of Parliament in London, Britain, March 11, 2019. REUTERS/Simon Dawson
Bywire - Claim your free account nowBywire - Claim your free account now

LONDON (Labour Buzz) - A former Court of Appeal Judge, Sir Peter Gross, is to lead an independent review of the Human Rights Act, according to a report on the BBC website. 

The government says it wants to examine whether the 1998 Humans Rights Act, which allows UK nationals to draw on the European Convention of Human Rights in domestic courts is still working. 

Human rights have been a hot issue ever since Brexit. Previous Conservative administrations have signalled an intention to replace it entirely with a Bill of Rights. However, the 2019 Conservative Manifesto suggested it would only seek to update the convention. 

Labour has opposed the move. However, Justice Secretary Robert Buckland insists that the government remains committed to the convention. “Human rights are deeply rooted in our constitution and the UK has a proud tradition of upholding and promoting them at home and abroad,” he said. 

Even so, the government says that it is right to see how the European convention on human rights can be applied to UK law. The European Court of Human rights evolves over time they say. It’s only right to see if it is still applicable to UK law. 

Sir Peter will lead the panel which is expected whether UK Judges are being drawn into policy matters which would normally be the preserve of politicians. Ministers see the move as part of a wider move to re-evaluate the relationship between the judiciary, executive and parliament. 

Critics see the move as another attempt to free the government from the restraint of the courts. The move comes on the back of ongoing hostile rhetoric against ‘activist lawyers’ from the government. Despite reports that it has led to violence, the government has refused to retract the statement. 

Buckland has recently attacked ‘difficult cases’ relating to the Human Rights Act, such as votes for prisoners. These are mandated by Strasbourg but opposed by the government. 

Writing in the Telegraph, he said the law allowed courts to rewrite legislation passed by parliament in order to comply with the European Convention on Human Rights. This, he said, often extended into significant and controversial matters. 

He added: “is surely worth asking whether...such important and controversial decisions should be returned to Parliament”. 

Meanwhile, a separate panel is looking at reforming the process of judicial review in which a judge decides whether a decision made by a public body is lawful. The government which has seen a number of decisions challenged in the courts made a review of judicial review part of their manifesto.

In April, for example, a judge castigated the Home Office for its abuse of terrorism law in immigration cases. In a damning decision, an appeal court described the Home Office’s use of a terrorism-related clause in immigration law as ‘legally flawed.’ 

Campaigners see this as another move to limit human rights in the UK after Brexit. Shadow Justice Secretary David Lammy said: “It is bonkers that the government is prioritising launching an attack on human rights in the middle of the coronavirus pandemic.”

Civil liberties campaigning group Liberty, meanwhile, said it was concerned the review would limit our ability to challenge governments when they make bad decisions. 

The European Convention on Human Rights predates the EU and is separate to it. Even so, the government appears intent on using Brexit as an excuse to move away from the convention and limit the power of courts to restrain government. 

(Written by Tom Cropper, Edited by Klaudia Fior)

Bywire will email you from time to time with news digests, stories & opportunities to get involved. Privacy

Bywire - Claim your free account nowBywire - Claim your free account now