Wednesday, 7 September 2022

Bill of Rights Bill "unlikely to proceed in its current form" - but be cautious

With updates:

There is some welcome news for anyone interested in having strong legal protections in the UK for human rights but let us be wary. 

The government - now under Prime Minister Elizabeth Truss - has announced that the Bill of Rights Bill is "unlikely to progress in its current form." - Truss government abandons Bill of Rights | Scottish Legal News

The Secretary of State for Justice is now Brandan Lewis MP. He has replaced Dominic Raab MP, the architect of this shameful Bill - Law and Lawyers: Appointments ~ Lord Chancellor, Attorney General, Home Secretary, Northern Ireland (obiterj.blogspot.com)

The Bill was presented to Parliament by Raab even though

he had commissioned an independent review which made only minimal recommendations for change.

Unless one is "on the inside" it is not entirely possible to say why the government has made its latest decision. It may simply be that the new (Truss) government decided to put its efforts into something else.

Whatever the reason, it seems unlikely that the government will have abandoned its desire to make reforms to the enforcement of human rights in the UK. Caution is essential.

Even if the Bill had got through the House of Commons, it was likely to face considerable difficulties in the House of Lords. 

This blog has several posts about the Bill and also about the independent review. The posts will remain on the blog as a point of reference. Law and Lawyers: Bill of Rights Bill - further material (obiterj.blogspot.com)

Links:

Bill of Rights Bill - Parliamentary Bills - UK Parliament

Bill of Rights: Liz Truss shelves plans to reform human rights law - BBC News

Bill killed - by Joshua Rozenberg - A Lawyer Writes (substack.com)

The dropping of “The Bill of Rights” – and why it is both good and bad news – The Law and Policy Blog (davidallengreen.com)

Update 7 October 2022:

Thinktank puts ECHR withdrawal back on Tory agenda | News | Law Gazette

Update 31 October 2022:

Mance eviscerates Raab’s bill - by Joshua Rozenberg (substack.com)

The short premiership of Elizabeth Truss came to an end on 25 October and she was replaced by Rishi Sunak MP.  Brendan Lewis resigned - UK justice secretary Brandon Lewis resigns - statement | Reuters.

Dominic Raab was re-appointed Secretary of State for Justice and Lord Chancellor. 

6 November 2022:

Raab to bring back British Bill of Rights in bid to curb migrant crossings (msn.com)

25 January 2023:

Legislative Scrutiny: Bill of Rights Bill (parliament.uk)

23 March 2023:

Hale’s view of Raab’s bill - by Joshua Rozenberg (substack.com)

28 March 2023:

Joshua Rozenberg drew attention to a speech by Sir Nicholas Bratza - (a former President of the European Court of Human Rights) - Raab’s bill attacked again - by Joshua Rozenberg (substack.com)

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