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14 October 2011 / Stephen Hockman
Issue: 7485 / Categories: Opinion , Human rights
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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

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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