Commission on a UK Bill of Rights launched

Commission on a UK Bill of Rights launched

18 March 2011

An independent Commission to investigate the case for a UK Bill of Rights has been launched today by Deputy Prime Minister Nick Clegg and Secretary of State for Justice Kenneth Clarke.



The Commission, to be headed by former Permanent Secretary, Sir Leigh Lewis, fulfils a pledge set out in the Coalition Agreement and forms part of the Government’s strategy to ensure that our rights, freedoms and liberties are protected in a way that properly reflects our traditions.

In addition to the Chairman, the Commission will include eight human rights experts appointed jointly by the Prime Minister and the Deputy Prime Minister. The Commission members are:

* Martin Howe QC
* Anthony Lester QC
* Jonathan Fisher QC
* Helena Kennedy QC
* Anthony Speaight QC
* Philippe Sands QC
* Michael Pinto-Duschinsky
* Sir David Edward

Details of the Commission’s remit were also announced today and include providing interim advice to Ministers on reform of the European Court of Human Rights ahead of the final report being published by the end of 2012.

An advisory panel will also be established to provide advice and expertise to the Commission on issues arising in relation to Scotland, Wales and Northern Ireland. The Commission will report jointly to the Deputy Prime Minister and the Secretary of State for Justice.

The Commission's full Terms of Reference are:

The Commission will investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extend our liberties.

It will examine the operation and implementation of these obligations, and consider ways to promote a better understanding of the true scope of these obligations and liberties.

It should provide advice to the Government on the ongoing Interlaken process to reform the Strasbourg court ahead of and following the UK's Chairmanship of the Council of Europe.

It should consult, including with the public, judiciary and devolved administrations and legislatures, and aim to report no later than by the end of 2012.

Deputy Prime Minister Nick Clegg said:

'Human rights are fundamental to our democracy. They act as a safeguard: protecting individual citizens from the State abusing its power.

'The Commission's work will help us maintain, and build upon, an enduring framework of fundamental rights that will prevent the abuse and erosion of these freedoms for generations to come.'

Secretary of State Kenneth Clarke said:

“The Commission has a very important role to play in examining the operation of the European Court of Human Rights and how we implement human rights in the UK. I hope that this work will help to inform the debate on human rights at home and assist us as we continue to press for reform of the Strasbourg Court. I look forward to receiving their recommendations.”

Sir Leigh Lewis, Chairman of the Commission, said:

'I am delighted to have been asked chair this important Commission, working alongside such an eminent panel of experts in the field. I hope that the Commission's final report will provide an objective and informed basis for the future debate on human rights in the UK.'

Comment: So, we have now gone from a British Bill of Rights to a UK Bill of Rights! The Chairman, Sir Leigh Lewis, biography states that his experience is in the field of the Deparment of Works and Pensions (DWP)! Quite how that experience translates into human rights is beyond me!

People of the UK, the Coalition concedes that your rights, freedoms and liberties have by tradition not been protected within the UK and in future will continue not to be protected because this reflects our traditions. So, up yours!

In addition to the Chairman who has not got a clue about this subject, the commission has got 4 human rights experts and 4 persons who think that the UK with its atrocious human rights record can be trusted to protect the people's human rights. It's a hung jury. As a career civil servant the Chairman, of course, will say "Yes, Minister"! The layman, besides the Chairman, is Michael Pinto-Duschinsky who is not a lawyer but a so-called "political scientist". Recently, he appeared before the Joint Committee of Human Rights as a so-called "expert witness" and seemed to think he was on Mastermind as he kept saying "pass" when asked questions!

The UK has got no jurisdiction in relation to reform of the ECtHR, the power rests with the Council of Europe, therefore to include providing advice to Ministers for something not within the Ministers responsibilities within the commission's remit will give Europe something to laugh about! They will be singing "Who do you think you are kidding Mr Cameron?"!

Why is there a need for an advisory panel for Scotland, Wales and Northern Ireland when there is the Universal Declaration of Human Rights? The same applies for a commission for the UK.

This is pure gobbledegook: "The Commission will investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extend our liberties". A Bill of Rights is a written constitution. Traditionally, the UK has operated without a written constitution. So, within this written constitution, for the UK, we incorporate the State's obligations under the ECHR and build upon them even further, and ensure that these rights continue to be enshrined in UK law (which they aren't at present), and protects and extend our liberties. So, the Coalition intends to scrap the doctrine of Supremacy of Parliament for the sovereignty of the people? Given that the UK has so far failed to honour lesser obligations under the Convention, can the UK be trusted to honour a higher standard of obligations? It remains to be seen, but given MPs less than trustworthy conduct in relation to their expenses I would not trust them to boil an egg!

This appears to have gone from the UK's oblgations to ensure human rights for the people, to if the people fulfil their obligations the State will give them liberties! "It will examine the operation and implementation of these obligations, and consider ways to promote a better understanding of the true scope of these obligations and liberties".

Talk about getting the wrong end of the stick! The Interlaken process is about applying sanctions to rogue or pariah states to get them to to the line. "It should provide advice to the Government on the ongoing Interlaken process to reform the Strasbourg court ahead of and following the UK's Chairmanship of the Council of Europe". Since February 2010 the ECtHR has been undergoing reform. One of the impediments to this reform has been the UK's failure to abide by its obligations under the Convention, and to fully comply with the ECtHR's judgments! The Coalition did not know anything about the Interlaken process until I mentioned it to Lord Tom McNally in the Cabinet Office!

So we go through all the rigmarole of a Commission just for this? "I hope that the Commission's final report will provide an objective and informed basis for the future debate on human rights in the UK". We don't need a debate on human rights, we need the human rights we already have guaranteed and enforceable in the courts!