header-logo header-logo

14 October 2011 / Stephen Hockman
Issue: 7485 / Categories: Opinion , Human rights
printer mail-detail

HRA 1998: here to stay?

Stephen Hockman QC considers the future of human rights in the UK

At the Lib Dem conference last month, the Deputy Prime Minister Nick Clegg, last month declared that “the Human Rights Act is here to stay”. He was quickly contradicted by Home Secretary Teresa May, who told the Tory conference she wanted rid of it, or at least parts of it. This pronouncement came as a result of May’s erroneous claim that a judge had ruled an illegal immigrant could not be deported because he had a pet cat. And so began “catgate”. So what’s really happening?

In early September, the justice secretary Kenneth Clarke, told Parliament he welcomed advice received privately in July 2011 from the government’s Commission on a Bill of Rights (CBR).

If implemented in full, this advice would require amendment of the European Convention on Human Rights (the Convention), the repositioning of the European Court of Human Rights (ECtHR) as a remote and reflective source of occasional jurisprudential garnish, rather than a route to substantive redress for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll