header-logo header-logo

HRA 1998: here to stay?

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll