header-logo header-logo

27 May 2016 / Michael Zander KC
Issue: 7700 / Categories: Features , Public , Human rights
printer mail-detail

Uncharted waters

nlj_7700_zander

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 national identity. The reforms the secretary of state outlined,

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

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