December 2021 saw some significant developments related to the future of the HRA, and so, potentially, the future of human rights protection in the UK. Two documents, are central to this:
1. The Independent Human Rights Act Review (‘IHRAR’/ ‘the Independent Review’) [here]
2. The Ministry of Justice’s (MoJ)/ Government’s Consultation to reform the HRA 1998 (the ‘Consultation’) – ‘The Human Rights Act Reform: A Modern Bill of Rights – consultation document’ [here].
The second of these documents contains the government’s proposals for human rights reform; however, it ignores several of the Independent Review’s recommendations, and raises many new issues. Critics argue the proposals within the Consultation would diminish rights protection significantly.
The purpose of this post is to provide a (hopefully, convenient) place that gathers up/ compiles items that have been published by way of initial response to the Consultation. It does not purport to be exhaustive; I can be contacted (epb3@le.ac.uk) to add further items.
The list that follows is roughly (but not exactly) in chronological order:
BACKGROUND DOCUMENTS
- The British Institute of Human Rights has provided
- The House of Commons Library has provided a very useful summary: see here. (House of Commons Library Research Briefing, (Joanna Dawson), Reform of the Human Rights Act 1998 (Number 9406, 21 December 2021).
CRITIQUES
- Public Law Project (an NGO), ‘HRA: 5 Concerns with new Consultation’ here.
- Joanna George (Research Associate, Constitutional Law Matters, University of Cambridge), Is the Government’s proposed ‘common sense’ reforms to human rights necessary? here.
- Professor Helen Fenwick (Durham University) in ‘The Conversation’ (‘Five Takeaways from the UK government’s proposal to replace the HRA’) here.
- Professor Conor Gearty (LSE) (‘The consultation on the Human Rights Act: an incoherent proposal full of grand but empty gestures, and some nastiness’) writes (LSE British Politics and Policy Blog) here.
- R. Clayton, ‘The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline’, U.K. Const. L. Blog (4th Jan. 2022) here.
- R. Clayton, ‘The Government’s New Proposals for the Human Rights Act Part Two: An Assessment’, U.K. Const. L. Blog here.
- R. Clayton, ‘The Government’s New Proposals for the Human Rights Act Part Three: An Assessment’, U.K. Const. L. Blog here
- Gazette Reporter, ‘Chancery Lane attacks bill of rights plan’ here.
- The respected blogger ‘Obiter J’ has produced a detailed account of the Consultation, and the IHRAR – see his/ her website here and here (and ensuing).
- Joshua Rozenberg, ‘Raab’s resonant rights reformation’, Law Society Gazette 7 July 2022 (available here – go to page 11).
- Joshua Rozenberg, ‘Human Rights Act ain’t broke So why fix it, asks the European court’s most senior judge’ here.
- Professor Nicola Barker (University of Liverpool), ‘The Independent Human Rights Act Review and the government’s Bill of Rights’ UKHumanRightsBlog here.
- Colm O’Cinneide (UCL) ‘Having its (Strasbourg) Cake, and Eating It: The UK Government’s Proposals for a New ‘Bill of Rights‘, Völkerrechtsblog, 26.01.2022. Here.
- Tatiana Kazim, Mia Leslie and Lee Marsons, The government’s Human Rights Act consultation: divergence, context and evidence (The Constitution Society) here.
- Alex Dean in Prospect Magazine, Your rights are at risk: The government’s overhaul of human rights law threatens to empower the state at the expense of everybody else – here.
- Monidipa Fouzder, (Law Society Gazette) Human Rights Act consultation ‘not a response to my report’ – Gross, here.
- Professor Mark Elliott, (University of Cambridge) Do we need a British Bill of Rights? here.
- Joshua Rozenberg, Bill of rights under fire: Justice secretary’s proposals criticised by former senior judge, here
- Lord Carnwath ‘Lecture on Human Rights Act reform – is it time for a new British Bill of Rights?’ – February 9, 2022 (University of Cambridge) – here.
- Professor Mark Elliott, (University of Cambridge), The common law and the European Convention on Human Rights: Do we need both? – here.
- Professor Alison Young (University of Cambridge), Human Rights Act Review: Rights and Responsibilities – here.
- Professor Alison Young (University of Cambridge), Human Rights Act Review: Whose Rights are they anyway? – here.
- Emma Guy (Each Other), Security Services And Civil Liberties Groups Both Criticise Human Rights Act Overhaul – here.
Joint Committee on Human Rights (UK Parliament)
The JCHR is investigating the proposals for reform. The relevant part of its web site is here.
On Wednesday 26 January 2022 it heard evidence from:
Lord Mance, former Justice of the Supreme Court
Professor Alison Young, Sir David Williams Professor of Public Law, Cambridge University
Professor Adam Tomkins, John Millar Chair of Public Law, Glasgow University
Dr Hélène Tyrrell, Lecturer in Law, Newcastle University
The above session can be watched here. Transcript here.
On Wednesday 2 February 2022 it heard evidence from
The Lord Wolfson of Tredegar QC, Minister, Ministry of Justice – this can be watched here (transcript available here).
On Wednesday 9 February 2022, the JCHR took evidence from the following:
Professor Conor Gearty QC, Professor of Human Rights Law, The London School of Economics; Elizabeth Prochaska, Barrister, 11 King’s Bench Walk; Schona Jolly QC, Barrister, Cloisters Chambers; Caoilfhionn Gallagher QC, Barrister, Doughty Street Chambers – video here, transcript here.
The House of Commons’ Justice Committee has also taken evidence:
On Tuesday 1 February 2022, it took evidence from Sir Peter Gross QC (Panel Chair of the Independent Review of the Human Rights Act), this can be watched here (the transcript is here).
On Tuesday 8 February 2022, this Committee took evidence from:
Lord Carnwath of Notting Hill, Former Justice of the Supreme Court; Professor Richard Ekins, University of Oxford
Professor Cheryl Thomas QC (Hon), UCL; Kirsty Brimelow QC, Doughty Street Chambers; Vice Chair of the Criminal Bar Association
A video of the above is available here, and transcripts are available here.
END.
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