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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll