In December 2012, the Commission established to investigate the creation of a UK bill of rights published its report - A UK Bill of Rights? – The choice before us.
The majority of the Commission came out in favour of a bill that would “incorporate and build on all of the U.K.’s obligations under the European Convention on Human Rights”. However the Commission failed to reach a consensus and two of the Commission’s members dissented, saying the bill was unnecessary as current legislation, the Human Rights Act, was adequate.
The majority argued that the UK bill of rights would provide greater protection against possible abuses of power and enhance public ownership of rights. Some of the majority believed that a bill of rights could define more clearly the scope of some rights and adjust the balance between different rights.
The Commission has not recommended the inclusion of “socio economic” or environmental rights within the bill of rights stating that “such choices are better made by Parliaments rather than judges.”
The dissenting members argued that the majority had failed to identify or declare any shortcomings in the Human Rights Act or its application by the courts. They said the bill would “be used to strip people of basic rights and decouple the UK from the European Convention”. They feared that a premature move to a UK Bill of Rights would be contentious and could have unintended even dangerous consequences.
After failing to win the full backing from the Commission, the Bill of Rights is off the political agenda until after the next election. The UK Government has merely said that it will give the report careful consideration.
All the members of the Commission agreed that any future debate on a UK bill of rights must be sensitive to devolution and must involve the devolved administrations of Northern Ireland, Scotland and Wales as well as possible independence in the case of Scotland.
Click here to read the report volume 1 and here to read volume 2.
Click here to read a press release from the justice website