header-logo header-logo

04 July 2019
Issue: 7847 / Categories: Legal News , Brexit , Human rights
printer mail-detail

Brexit could cut back our rights

The right to protection from state surveillance and from corporates gathering private data could be diminished after Brexit, Peers have warned.

In a letter to David Gauke, Lord Chancellor, last week, the House of Lords EU Justice Sub-Committee, chaired by Helena Kennedy QC, warned of a ‘real risk’ to rights after Brexit. The committee has been taking evidence since March on ‘Rights after Brexit’ from lawyers, academics and rights groups.

One major concern is the loss of the protection of the Charter of Fundamental Rights, which will not apply in the UK after Brexit. It protects rights not covered by the European Convention on Human Rights (ECHR), such as the freestanding right to equality before the law. The Peers’ letter notes: ‘While this is also protected by Article 14 of the ECHR, under the ECHR this is not a freestanding right and can only be relied upon with other Convention rights.’

The Charter is stronger than the Convention in some areas―the letter cites ‘the right to protection of personal data (including, for example, both state surveillance and private sector collections of private data) [which] is more extensive under the Charter than the similar right to privacy protected by Article 8 of the ECHR’.

The Charter also provides stronger legal remedies for infringements, as the supremacy of EU law gives courts ‘power to disapply primary legislation which is incompatible with the Charter’. The committee highlights fears that ministers are being given ‘Henry VIII powers’ to change rights protections through statutory instrument. Moreover, individuals will no longer be able to bring certain types of judicial review claims on the basis of proportionality, nor bring claims based on equal treatment in the same way.

Other concerns include the risk of rights differing across the UK, for example, as the Equality Act 2010 does not cover Northern Ireland, the Charter was seen to underpin rights protections. Meanwhile, the Scottish Government is considering a Bill to ensure rights in Scotland can’t be scaled back after Brexit.

Baroness Kennedy said: ‘UK lawyers have been leading contributors to EU human rights law. So it's ironic that UK citizens post-Brexit will have diminished human rights protections, less access to remedies and face legal uncertainty.’

Issue: 7847 / Categories: Legal News , Brexit , Human rights
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll