Human Rights Act Reform: A Modern Bill Of Rights

1 Human Rights Act Reform: A Modern bill Of Rights A consultation to reform the Human Rights Act 1998 December 2021 CP 588 Human Rights Act Reform: A Modern bill Of Rights A consultation to reform the Human Rights Act 1998 Presented to Parliament by the Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2021 CP 588 Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence except where otherwise stated. To view this licence, visit Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

2 This publication is available at Any enquiries regarding this publication should be sent to us at ISBN 978-1-5286-3012-2 E02691952 12/21 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by HH Associates Ltd. on behalf of the Controller of Her Majesty s Stationery Office About this consultation To: This consultation is aimed at legal practitioners, experts and academics in Human Rights law, Human Rights advocates, and anyone else interested in our framework of Human Rights law. Duration: From 14/12/21 to 08/03/22 Enquiries (including requests for the paper in an alternative format) to: Human Rights Team International, Rights and Constitutional Policy Directorate Ministry of Justice 102 Petty France London SW1H 9AJ Tel: 020 3334 3555 Email: How to respond: Please submit your response by 8 March 2022 by filling in the online response form which can be found here: Alternatively, you can also send your response via post or email to: Human Rights Team International, Rights and Constitutional Policy Directorate Ministry of Justice 102 Petty France London SW1H 9AJ Tel: 020 3334 3555 Email: Response paper.

3 A response to this consultation exercise will be published in due course at: Human Rights Act Reform: A Modern bill Of Rights 1 Contents Foreword 3 Executive summary 5 Chapter 1 The Legacy of Rights in the UK 8 Chapter 2 The International Context 16 Chapter 3 The Case for Reforming UK Human Rights Law 28 Chapter 4 The Government s Proposals 56 Appendix 1 Examples of relevant domestic legislation and common law provisions which cover Articles within the Human Rights Act 89 Appendix 2 Proposed draft clauses 95 Appendix 3 Overview of potential impacts 102 Questionnaire 107 About you 114 Contact details / How to respond 116 Consultation principles 118 Human Rights Act Reform.

4 A Modern bill Of Rights 2 Human Rights Act Reform: A Modern bill Of Rights 3 Foreword The United Kingdom has a long, proud, and diverse history of freedom. This stretches from Magna Carta in 1215, the 1689 Claim and bill of Rights , and the Slave Trade Act of 1807, through to the 1918 Representation of the People Act. The Human Rights Act passed in 1998 has been a further stepping-stone along the path of that tradition. No law, however, is ever the last word on the subject. This consultation marks the next step in the development of the UK s tradition of upholding Human Rights . It has been informed by the work done by Sir Peter Gross, and the Panel he chaired which conducted the Independent Human Rights Act Review the report which we are publishing alongside this consultation.

5 I want to thank Sir Peter, the Panel and their team for their hard work, insights, and contribution to our thinking at the Ministry of Justice. Our proposals, which form the basis of this consultation, reflect the government s enduring commitment to liberty under the rule of law. The government remains committed to the European Convention on Human Rights and, indeed, the UK s tradition of Human Rights leadership abroad, as demonstrated by the introduction of our Magnitsky global Human Rights sanctions regime. Equally, our system must strike the proper balance of Rights and responsibilities, individual liberty and the public interest, rigorous judicial interpretation, and respect for the authority of elected law-makers.

6 In this consultation, we assess how the Human Rights Act has operated in practice, and how it can be revised and improved. We make far-reaching proposals for reform, with a particular focus on those quintessentially UK Rights , such as freedom of speech and the right to trial by jury. We examine problematic areas, including the challenges in deporting foreign national offenders. We consider in detail the procedural framework of the Human Rights Act. And we look at the relationship between the UK courts and Parliament and the European Court of Human Rights in Strasbourg. We intend to revise and reform the flaws we have identified, and replace the Human Rights Act with a Modern bill of Rights , one which reinforces our freedoms under the rule of law, but also provides a clearer demarcation of the separation of powers between the courts and Parliament.

7 Human Rights Act Reform: A Modern bill Of Rights 4 Our proposals recognise the diverse legal traditions across the UK, alongside our common heritage. We will be seeking the views of each of the devolved administrations, and across all four nations of the UK, to ensure we safeguard our Human Rights protections in accordance with a common framework, whilst reflecting our diversity and devolved competences. We will carefully consider all the responses we receive, as the government takes forward the proposals in this consultation. The task of nurturing the UK s tradition of liberty and Rights is never finished. This consultation turns the first page of the next chapter in our long history of Human Rights and begins the work to refine our law, curtail abuses of the system, restore public confidence, reinforce the independence of the judiciary, and shore up the sovereignty of elected law-makers in Parliament.

8 The Rt Hon Dominic Raab MP Deputy Prime Minister, Lord Chancellor, and Secretary of State for Justice Human Rights Act Reform: A Modern bill Of Rights 5 Executive summary 1. This command paper sets out, and seeks views on, the government s proposals to revise and replace the Human Rights Act 1998 with a bill of Rights . 2. The government s 2019 manifesto pledged to: [..] update the Human Rights Act and administrative law to ensure there is a proper balance between the Rights of individuals, our vital national security and effective government. 3. We will overhaul the Human Rights Act passed by the then Labour government in 1998 and restore common sense to the application of Human Rights in the UK.

9 We will remain faithful to the basic principles of Human Rights , which we signed up to in the original European Convention on Human Rights ( the Convention ). The bill of Rights will protect essential Rights , like the right to a fair trial and the right to life, which are a fundamental part of a Modern democratic society. But we will reverse the mission creep that has meant Human Rights law being used for more and more purposes, and often with little regard for the Rights of wider society. 4. Our reforms will be a check on the expansion and inflation of Rights without democratic oversight and consent, and will provide greater legal certainty.

10 5. The Queen s Speech of May 2021 confirmed that the government will continue to uphold Human Rights and democracy across the world. 6. The bill of Rights will make sure a proper balance is struck between individuals Rights , personal responsibility, and the wider public interest. It will strengthen the role of the UK Supreme Court in the exercise of the judicial function, preserve Parliament s democratic prerogatives in the exercise of the legislative function, and support the integrity of the UK, while respecting the devolution settlements. 7. The bill of Rights will continue to respect the UK s international obligations as a party to the Convention.