HUMAN RIGHTS LAW

Human Rights Law

Human Rights Law

There is an ongoing debate about whether or not there should be a Bill of Rights for the United Kingdom. The Government is committed to considering the need for a Bill of Rights and other political parties have expressed interest in developing one.

There currently exists an unusual cross-party consensus about the need for a “British Bill of Rights”. In its Governance of Britain Green Paper (July 2007) and the Prime Minister's statement to the House of Commons on 3 July 2007? the Government committed itself to exploring the possibility of a British Bill of Rights as part of a wider programme of constitutional reform. (Agency Group? 2007: p32)

The Conservative Party had previously announced that it proposes to replace the Human Rights Act 1998 (HRA) with a British Bill of Rights whilst remaining a party to the European Convention on Human Rights (ECHR) and has appointed a Commission of experts to consider how to achieve this. The Liberal Democrats have reiterated their longstanding commitment to a Bill of Rights as part of a written constitution for the UK.

The consensus across the political parties appears to reflect a wider consensus amongst the public. In the 2006 Joseph Rowntree “State of the Nation” survey of opinion? 77% of those polled agreed that Britain needs a Bill of Rights to protect the liberty of the individual (51% agreeing strongly with that proposition). (Agency Group? 2007: p32)

There is considerably less consensus? however? about the reasons why a British Bill of Rights is needed? what rights should be contained in such a Bill of Rights? its relationship with existing human rights protections such as the HRA and how it should affect? if at all? the existing relationships between Parliament? the executive and the courts.

The Government has given a number of different reasons for being interested in the possibility of a Bill of Rights. It first signalled its intention to consult on a “British Bill of Rights and Duties” in the Governance of Britain Green Paper in July 2007.

There the Government said that although the HRA gives effect to “rights which build on British values as old as Magna Carta”? it should not be regarded as the last word on the subject. Giving effect to Convention rights in UK law was intended to be a first? albeit substantial? step towards a more formal statement of rights. Two reasons were given for being interested in a Bill of Rights and Duties. First? a Bill of Rights could give people a clear idea of what can expect from public authorities? and from each other? and a framework for giving practical effect to the common values. (Bush 2006: p2147-2148)

Second? a Bill of Rights could provide explicit recognition that human rights come with responsibilities and must be exercised in a way that respects the human rights of others.

The only mention of the possibility of such a Bill of Rights containing additional rights was a negative one: If specifically British ...