header-logo header-logo

24 June 2022
Issue: 7985 / Categories: Legal News , Constitutional law , Human rights
printer mail-detail

Raab’s Bill of Rights condemned

Lawyers have branded the government’s proposals for a Bill of Rights ‘Orwellian’ and an ‘erosion of accountability’

Justice Secretary Dominic Raab introduced the Bill in Parliament this week. It introduces a permission stage where potential claimants will first have to persuade a court they have suffered a ‘significant disadvantage’. Courts awarding damages for human rights breaches will be required to consider the claimant’s conduct, such as violent or criminal behaviour.

The Bill states that European Court of Human Rights case law does not need to be followed by UK courts, and asserts that the UK Supreme Court has the ultimate say on human rights issues.

However, Sophie Kemp, partner at Kingsley Napley, said: ‘Calling Dominic Raab's proposals a “Bill of Rights” is another Orwellian turn from this government. It is, in fact, a worrying “Bill of Restrictions”.

‘This will certainly reduce the scope for legal challenges against the government but is a retrograde step for people in our society.’

The Bill also sets out that, under future immigration laws, a foreign national convicted of a crime will not be able to escape deportation on the grounds of family rights unless they can prove that ‘a child or dependent would come to overwhelming, unavoidable harm’.

It will prevent courts placing obligations on public authorities to ‘actively protect someone’s human rights and limit the circumstances in which current obligations apply’.

Raab also confirmed interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week which prevented the removal flight to Rwanda, would not be binding on UK courts.

Law Society president I Stephanie Boyce said: ‘The bill will create an acceptable class of human rights abuses in the UK―by introducing a bar on claims deemed not to cause “significant disadvantage”.

‘It is a lurch backwards for British justice. Authorities may begin to consider some rights violations as acceptable, because these could no longer be challenged under the Bill of Rights despite being against the law.

‘Overall, the bill would grant the state greater unfettered power over the people, power which would then belong to all future governments, whatever their ideologies.’

Issue: 7985 / Categories: Legal News , Constitutional law , Human rights
printer mail-details

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll