British Bill of Rights to be fast-tracked amid fierce opposition

The UK government plans to fast-track a proposed British Bill of Rights and get it on the statute books by next summer amid widespread opposition.

A 12-week public consultation on the Bill of Rights will commence within the next two months and will be worded to clearly indicate that the UK will not withdraw from the European Convention on Human Rights and that the bill will even mirror much of the language of the Convention in order to allay concerns – which calls into question the need for reform.

Subsequently, a bill will go to the House of Commons without the usual green or white paper which afford further legislative scrutiny as officials believe the consultation will ensure the the proposals have been adequately examined.

While a number of ministers would like the bill to be law before a referendum on EU membership, which is expected in 2017, one cabinet minister told The Independent on Sunday this timescale was “aspirational” as the bill could be “really clogged up in the House of Lords” because of the upper chamber’s opposition to to repeal of the Human Rights Act and the lack of a Conservative majority.

Martin Howe QC who has worked on measures to repeal the HRA, said: “If the new Bill of Rights is written incorporating the language of the ECHR, it should be enough to placate sensible people, but I very much doubt it will be enough to placate what has become a human rights industry.

“They treat the HRA as a sacred text.”

He added that Strasbourg has “gone off the rails” in areas such as prisoner voting and that the fact the UK “must take into account” decisions of the European Court of Human Rights has been misinterpreted by two decisions in the House of Lords to suggest domestic courts are, in fact, bound by such decisions where they are clear and consistent.

Geoffrey Robertson QC meanwhile said it would be an “outrage” if MPs rushed a bill through, adding: “To sacrifice our liberties to the exigencies of internal Conservative Party politics would be a terrible legacy for David Cameron.”

The news comes as a poll for The Times revealed that barristers overwhelmingly oppose a UK Bill of Rights.

Almost three in four believe the HRA does not need reformed while a mere 27 per cent think it does.

Seventy-seven per cent do not believe the UK requires its own Bill of Rights.

Barristers also predicted the demise of the publicly-funded bar as a result of legal aid reforms now being implemented.

Only 24 per cent said the reforms would not lead to its end.

However, 77 per cent did not see a fused profession on the horizon in spite of concerns about solicitor advocates as well as advocates within the Crown Prosecution Service taking their work.

A spokesperson for the Bar Council said: “Any plans to replace the Human Rights Act are likely to have a significant effect upon the rights and responsibilities of citizens of the United Kingdom.

“Once the details of any replacement emerge, we, along with our members, will give careful consideration to the proposed measures and make our views clear.”