MPs claim Human Rights Acts reforms would weaken rights protections in the UK

The Joint Committee on Human Rights has warned that government proposals to reform the Human Rights Act risk weakening existing human rights protections. In a report published today, the Committee criticises proposals to replace these protections with a ‘British’ Bill of Rights, finding that they would instead cause confusion and result in more cases being sent to the European Court of Human Rights. It also finds that attempts to strengthen freedom of speech could undermine the enforcement of other rights.

The government launched a consultation on proposals to revise the Human Rights Act in December. Its stated aim is to “restore a proper balance between the rights of individuals, personal responsibility and the wider public interest”. While the government has restated its commitment to the European Convention on Human Rights, which underpins the Human Rights Act, the proposals include replacing the Human Rights Act with a new Bill of Rights, giving higher priority to freedom of speech and introducing a new right to trial by jury.

The Joint Committee on Human Rights argue that the Human Rights Act has been successful in strengthening the ability of people in the UK to enforce their rights, and this would only be weakened by the government’s proposals.

The committee argue that the government says would strengthen rights are likely to have the opposite effect on other rights. Giving greater importance to freedom of expression would likely damage rights including the right to privacy and the right to a fair trial.

Placing greater restrictions on who can bring a human rights claim or reducing the damages owed to a claimant because of a perception of them being undeserving would contravene the fundamental principle that human rights are universal, the JCHR also claim.

They also concluded that proposals designed to distance the UK courts from decisions made in the European Court of Human Rights would create legal uncertainty, requiring lengthy and costly litigation to resolve and more cases being taken to Strasbourg.

Publishing the report, Chair of the Joint Committee on Human Rights, Rt Hon Harriet Harman MP said: “The government’s case that human rights legislation is in serious need of reform is not proven. There is nothing in their consultation that would serve to strengthen the protections we currently have and much that would weaken them.

“In many cases what is described as the strengthening of rights is simply tweaking what is already protected, while at the same time making it harder for people to actually enforce their rights.

“At present, freedom of expression is protected and given proper balance with other rights that are also important. The courts respect the primacy of Parliament when making their rulings so there is no need for change on that. Most human rights cases are heard in UK courts by the UK judiciary rather than Strasbourg judges in the European Court of Human Rights.

“The government is purporting to solve non-existent problems and offering solutions that would only cause confusion and detriment to those who need their rights protecting.

“If the government wanted to strengthen human rights they would improve how they are respected in general. Improve education so that everyone knows their rights and improve access to the courts for those needing to enforce them. Improving awareness and understanding of human rights and access to the courts would have a beneficial impact unlike the government’s current proposals.”