The UK’s departure from the European Convention
on Human Rights will not be considered in the upcoming review of the Human
Rights Act. Former Court of Appeal judge Sir Peter Gross leading the
independent review has announced that the UK will remain a signatory.
The review, which was announced at the end of
last year is to examine how far UK courts are following recent decisions made
by the European Court of Human Rights in Strasbourg. Under the Human Rights Act
1998, UK judges are only obliged to ‘take into consideration’ the ECtHR’s
rulings. The review is set to evaluate this duty and whether it is taking power
and independence away from UK courts.
In addition, the review will determine how far
the Human Rights Act is affecting the relationship between each of the
‘tripartite’ branches of government. In the past, some have criticised the Act
for drawing courts into making judgements on matters of policy and not law and
re-writing or amending Acts of Parliament, acting in ’ultra vires’ or beyond
their powers.
Previous Conservative governments have expressed
wishes to replace the act with a new ‘Bill of Rights’ but this will not be
dealt with in the review either.
Sir Peter Gross has expressed a desire to
include a panel reflecting the ‘widest range’ of reviews in a report expected
to be published in the summer.
Here at Ramsdens Solicitors we have a team of expert legal specialists, who are experienced in helping clients to access the legal options available to them and to seek justice for their maltreatment. If any issues within this article have affected you or a loved one please contact the abuse team on 0113 887 1834 for a chat in total confidence. Alternatively, you can make an enquiry using the enquiry form and we will be in touch when it is convenient for you.