An eight-member panel will look at the relationship between the domestic courts and the European Court of Human Rights (ECtHR), including the duty to ‘take into account’ ECtHR case law. It will consider whether domestic courts are being drawn into areas of policy, and the implications of the way in which the Act applies outside the territory of the UK and whether there is a case for change.
The government said ‘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’.
David Greene, Law Society president, said: ‘The rights enshrined in the Act are core to the UK’s identity as a democratic, fair and just nation.
‘Any review of the Human Rights Act would have implications for every single one of us. There is an opportunity to establish genuine public discourse and build long lasting consensus. We hope the panel will engage extensively with the public, as this will be crucial so that ordinary people are informed about what is at stake and can have their say.’
The review will run alongside the independent review of judicial review, led by former Conservative justice minister Lord Faulks and expected to report back before the end of the year. These reviews, and others due to be announced at a later date, will inform the proposed Commission on Constitution, Democracy and Rights, which the Conservatives promised in their 2019 election manifesto.
However, Sam Grant, head of policy and campaigns at Liberty, said the civil liberties charity was ‘concerned’ by the government’s plans.
‘For years, our laws and legal processes have made sure that governments and public bodies can be challenged when they make bad decisions. The plans announced [this week] and over the past six months are focused on limiting our ability to do this.’
Shadow Justice Secretary David Lammy said it was ‘bonkers that the government is prioritising launching an attack on human rights in the middle of the coronavirus pandemic.’
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