Changes to the human rights framework

The government has announced that it intends to bring forward proposals for a British Bill of Rights to replace the Human Rights Act. The government has also said that this would protect existing rights, which is a welcome step.

As a National Human Rights Institution, we have a duty to protect and promote human rights. We also have a mandate from Parliament to promote understanding of the importance of human rights, and to advise government about the likely effect of proposed changes to the law.

The Commission has always said that any changes to the legal framework should not weaken the human rights protections that we all enjoy. We welcome a debate on such an important issue and look forward to contributing to the development of ideas but would not support a reversal of the leading global role Britain has long played in protecting and promoting human rights.

As the national expert body, we will continue to engage with government as proposals are developed, and we would expect to contribute fully to any consultation. As further details become available, we will continue to provide analysis of their implications.

Latest developments

We will keep this section updated with information about the proposals, the parliamentary process and our response.

2 February 2016 - evidence to the European Union (EU) Justice Sub-Committee

Rt. Hon Michael Gove MP, Lord Chancellor and Secretary of State for Justice and Mr Dominic Raab MP, Parliamentary Under-Secretary of State for Justice gave evidence to the EU Justice Sub-Committee on the 'Potential impact of repealing the Human Rights Act on EU Law. An unrevised transcript of evidence is now available.

22 January 2016 - Council of Europe visit

Nils Muižnieks, the Council of Europe’s Commissioner for Human Rights, has completed a six-day tour of the United Kingdom where his main focus was the government’s forthcoming plans to replace the Human Rights Act with a British Bill of Rights. Mr Muižnieks visited the Commission as well as other National Human Rights Institutions in Scotland and Northern Ireland and also spoke with civil society organisations. A full statement from the Commissioner reflecting on his visit is now available.

17 December 2015 - Human Rights across the UK and Ireland

The Chairs and Chief Executives of the National Human Rights Institutions for Ireland, Great Britain, Northern Ireland and Scotland met on 2 December to share progress and discuss future collaboration. As NHRIs, we all have duties to advise our governments and to promote awareness, understanding and protection of human rights, equality and good relations. Human Rights across the UK and Ireland in 2015 and beyond

10 December 2015 - International Human Rights Day

To celebrate Human Rights Day our Director of Human Rights, Andrea Murray wrote a blog about Roosevelt's Four Freedoms and the upcoming Bill of Rights Consultation. International Human Rights Day - our rights and our freedoms

2 December 2015 - oral evidence to the House of Lords Constitution Committee

The Lord Chancellor and Justice Secretary, Michael Gove, gave oral evidence to the House of Lords Constitution Committee regarding the proposed UK Bill of Rights. An unrevised transcript of the oral evidence is now available.

27 November 2015 - Justice Secretary's response to JCHR's letter about the Bill of Rights

Michael Gove responded to the letter from the Chair of the Joint Committee on Human Rights (JCHR), Harriet Harman including issues raised in relation to the Bill of Rights and the forthcoming consultation. Read letter from Rt. Hon Michael Gove MP

4 November 2015 – JCHR letter to the Justice Secretary about the Bill of Rights

The Chair of the Joint Committee on Human Rights (JCHR), Harriet Harman, wrote to Michael Gove asking him for further details of the government's plans for consulting on the proposed UK Bill of Rights. Read the JCHR's letter (PDF | Word).

8 September 2015 – House of Commons question about proposals for a British Bill of Rights

Dominic Raab, The Parliamentary Under-Secretary of State for Justice was asked about his plans to open a consultation on proposals for a British Bill of Rights. He responded by stating that he will bring forward the proposals this autumn and these will be subject to full consultation. More details can be found in the transcript of the debate.

8 July 2015 - Prime Minister's Questions - Human Rights Act (HRA)

The Prime Minister was asked by the Acting Leader of the Opposition about his plans for the Human Rights Act. More details can be found on the transcript of the debate.

2 July 2015 - Lords debate on Human Rights and Civil Liberties in the United Kingdom

Lord Wallace of Tankerness (LD) proposed a motion to take note of the challenges facing the culture of human rights and civil liberties in the United Kingdom”. A full transcript of the debate is now available.

30 June 2015 - Westminster Hall debate on the Future of the Human Rights Act 1998

We provided a briefing for a House of Commons debate on the Future of the Human Rights Act 1998. In it, we welcomed the debate on this important matter, and reiterated our view that any changes to the legal framework must not reduce essential human rights protections, nor weaken the redress mechanisms for breaches of human rights. A full transcript of the debate is now available.

8 June 2015 - Letter to the UN Human Rights Committee

We wrote a joint letter with the Northern Ireland Human Rights Commission and Scottish Human Rights Commission. In it, we reiterated some important aspects of the Human Rights Act, and our belief that any change should not be a step back and should come from an inclusive public process. The letter accompanies our report on the UK’s implementation of the International Covenant on Civil and Political Rights. (PDF | Word)

4 June 2015 - Parliamentary debates on the Queen's Speech

To see what parliamentarians have said so far about the government's plans, you can read transcripts of the debates on the Queen's Speech in the House of Commons and the House of Lords.

House of Lords

Queen's Speech Debate:

1st day - 27 May 2015
2nd day - 28 May, 2nd day continued
3rd day - 1 June, 3rd day continued
4th day - 3 June
House of Commons

Debate on the Address:

1st day - 27 May 2015
2nd day (Home Affairs and Justice) 28 May
3rd day (Britain in the World) 1 June
Prime Minister's Questions: 3 June 2015

27 May 2015 - Queen’s Speech

In the Queen’s Speech to Parliament, and accompanying briefing, the UK Government stated that it:
“will bring forward proposals for a Bill of Rights to replace the Human Rights Act. This would reform and modernise our human rights legal framework and restore common sense to the application of human rights laws. It would also protect existing rights, which are an essential part of a modern, democratic society, and better protect against abuse of the system and misuse of human rights laws”.

18 March 2015 - Letter to the Joint Committee on Human Rights

Our Chair and CEO wrote to the Chair of the Parliamentary Joint Committee on Human Rights (JCHR) before the May 2015 election. Our letter emphasised the essential protections of rights that we all enjoy contained in the Human Rights Act, and warned that any changes to the legal framework should not weaken these protections. It also addressed a number of concerns and confusions about the way the Human Rights Act operates.

Related links

Last Updated: 19 Feb 2016