Chalk was asked this week to confirm the government still intends to ‘update and modernise’ UK human rights law, while also continuing to adhere to the European Convention on Human Rights (ECHR). Responding, Chalk confirmed the decision to abandon the Bill, but reiterated the government’s commitment to a human rights framework that is ‘up to date’ and ‘fit for purpose’, as well as ongoing efforts to ‘recalibrate and rebalance’ the UK constitution.
Chalk said: ‘The government remain committed to a human rights framework that is up to date, fit for purpose and works for the British people. We have taken and are taking action to address specific issues with the Human Rights Act 1998 and the European convention, including through the Illegal Migration Bill, the Victims and Prisoners Bill, the Overseas Operations (Service Personnel and Veterans) Act 2021 and the Northern Ireland Troubles (Legacy and Reconciliation) Bill, the last of which addressed vexatious claims against veterans and the armed forces. It is right that we recalibrate and rebalance our constitution over time, and that process continues.’
The Bill of Rights—a pet project of Chalk’s predecessor as Lord Chancellor, Dominic Raab—was introduced last June, although its progress then stalled due to a variety of government and political events.
Carl Gardner, professional support lawyer at LexisNexis, said: ‘The Bill was hard to understand, seeming to reflect a confused policy, and unless substantially amended would have caused uncertainty and problems for the courts.
‘The HRA 1998 continues to outlive its critics. It will be interesting to see whether any party proposes another general reform of human rights law at the next election, and whether future reformers focus on disapplying or modifying the effect of the HRA 1998 in specific policy areas, or on a simple repeal.’
