The House of Lords have questioned the constitutional implications of a British Bill of Rights, notes Michael Zander QC
The wisdom of the government’s plan to replace the Human Rights Act 1998 (HRA 1998) with a British Bill of Rights was questioned by the Justice Sub-Committee of the Lords EU Committee in a strong report published earlier this month (The UK, the EU and a British Bill of Rights, 12th Report, 2015-16, HL Paper 139, 9 May 2016). The 48-page report is a notable contribution to this ongoing debate.
The report considers the likely impact of a British Bill of Rights on three areas: human rights litigation in national courts under the EU Charter of Fundamental Rights; the UK’s EU legal obligations and international standing; and the devolved settlements.
Mr Michael Gove, Lord Chancellor and Secretary of State, said in evidence to the Committee that the government’s two main objectives in introducing a British Bill of Rights were to restore national faith in human rights, and to give human rights greater
