The European Convention on Human Rights Please turn off your mobile Raise your hand if you have a question At the start of the lesson - STUDENTS SHOULD PRODUCE - using the roving keyboard - A LIST OF KEY HUMAN RIGHTS 1 PRECIS NOTES WILL BE INSPECTED

Jack Straw, when he was Home Secretary, remarked.... “The Human Rights Act 1998 is the most significant statement of human rights in domestic law since the 1689 Bill of Rights”. 2

It will, to quote Wadham and Mountfield … (Blackstone’s Guide to the Human Rights Act 1998), “Have a momentous impact on our legal system”. 3

History of ECHR … The ECHR followed the UN Declaration on Human Rights (1948) and was adopted by the Council of Europe in 1950 (Note: Council of Europe is NOT part of the EU). 4

The UK signed the ECHR in the 1951, but it was not introduced or incorporated into our laws until October because it was argued that the common law already provided such rights. In 1966, the UK recognized an individuals right of petition. 5

How does the Human Rights Act work? Firstly, it makes it unlawful for a public authority (this includes the Welsh Assembly) to act in a way that is incompatible with the ECHR. Secondly, courts in England and Wales have to interpret legislation in a way that is compatible with the Convention. 6

Thirdly, individuals, whose rights have been violated by a public authority, are able to take action in Court. This can be done - as a sword – by way of judicial review, or - as a shield – by using the ECHR as a defence in a criminal or civil case. 7

UK Courts are not directly bound by the judgements of the European Court of Human Rights. Domestic Courts are only required to “take into account” decisions of the European Court of Human Rights – they are NOT bound by the decisions of the ECHR. Please note: This should NOT be confused with the decisions of the European Court of Justice (EU). 8

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The Human Rights Act 1998 does not give the Courts power to strike down an Act of Parliament that is incompatible with the Convention, but it does provide power for the Court to issue a declaration of incompatibility - with the responsibility then falling on the appropriate Government Minister to enable Parliament to decide if it wishes to amend the offending legislation. 10

The Human Rights Act 1998 does give power to a High Court to strike down an Act of the Welsh Assembly, or Scottish Parliament, that is incompatible with human rights. Likewise, a High Court can also strike down a bye-law of a local authority which is incompatible with human rights. 11

Short back and sides Bill 2004 Read the Short Back and Sides Bill 2004 (attached/circulated) and determine how this legislation could be challenged. Firstly, could it become law? Secondly, how could it be legally challenged? Thirdly, should a judge be able to declare the legislation invalid? 12

If, when a Bill is presented to Parliament, the Minister says the Bill is not compatible with ECHR, it can still be voted into law. Parliament still has the power to pass laws that are incompatible with human rights. The Courts do NOT have the power to strike down an Act of Parliament – but they can make a declaration of incompatibility (which asks Parliament to look again). HRA 1998 procedure (review) … 13

Influence of ECHR is thus legal and political. Question for students... What impact does the Human Rights Act 1998 have on Parliamentary Sovereignty? 14