Government launches review of Human Rights Act
A panel of experts will examine whether there is a need to reform the Human Rights Act in an independent review launched by the government. The review will be led by former Court of Appeal Judge, Sir Peter Gross, and will consider if the HRA needs updating after two decades of being in force.
As promised in the Manifesto, it will take a fresh look at the Act – how it operates and protects human rights – to ensure it continues to meet the needs of the society it serves.
Specifically, the review will consider:
- The relationship between the domestic courts and the European Court of Human Rights (ECtHR). This includes how the duty to ‘take into account’ of ECtHR case law has been applied in practice, and whether dialogue between our domestic courts and the ECtHR works effectively and if there is room for improvement.
- The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy.
- The implications of the way in which the Human Rights Act applies outside the territory of the UK and whether there is a case for change.
The UK remains committed to the European Convention on Human Rights. The review is limited to looking at the structural framework of the Human Rights Act, rather than the rights themselves.
The Lord Chancellor, Robert Buckland QC MP, said:
“Human rights are deeply rooted in our constitution and the UK has a proud tradition of upholding and promoting them at home and abroad. After 20 years of operation, the time is right to consider whether the Human Rights Act is still working effectively. I am grateful to Sir Peter Gross and his esteemed panel for undertaking this timely and important piece of work and look forward to his findings.”
Chair of the Panel, Sir Peter Gross, said:
“I am delighted to chair the Independent Human Rights Act Review. I will undertake this role with a panel selected on the basis of its members’ wealth of experience coming from a variety of senior legal and academic backgrounds. The Act constitutes a most important part of our legal framework; IHRAR will entail an independent process of careful reflection to consider its workings, together with whether and, if so, what, reforms might be justified.”
This independent review runs alongside the independent review of Judicial Review and is part of the government’s work to deliver the commitment in the Manifesto to look at the broader aspects of the constitution and the relationship between the Government, Parliament and the courts.
These workstreams – and others to be announced in due course – will deliver the Commission on Constitution, Democracy, and Rights and taken together are designed to ensure there is a proper balance between the rights of individuals, national security and effective government.
related content
