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1/ The Government have confirmed that they intend to repeal the Human Rights Act after Brexit is done.
How worried should we be? (thread)
How worried should we be? (thread)
2/ OK, let’s get a few things straight first.
+ What is the Human Rights Act (HRA)?
It’s an act of parliament which brings the rights contained in the European Convention on Human Rights into our local UK law
+ What is the Human Rights Act (HRA)?
It’s an act of parliament which brings the rights contained in the European Convention on Human Rights into our local UK law
3/ That means that if your right to life, to liberty, to free speech (etc etc) are being breached by a public authority (government, hospital, school…) you can take your case to court and get your rights vindicated
rightsinfo.org/15-things-you-…
rightsinfo.org/15-things-you-…
4/ + Why does Theresa May want to repeal it?
It has been a very longstanding Tory commitment (since 2006!) to repeal the HRA and replace it with some kind of “British bill of rights”. What that means is anyone’s guess
It has been a very longstanding Tory commitment (since 2006!) to repeal the HRA and replace it with some kind of “British bill of rights”. What that means is anyone’s guess
5/ The most detailed plans we have seen - back in 2014 - were for a significant watering down of the protections in the Human Rights Act - more detail here rightsinfo.org/whats-going-on…
6/ Theresa May herself has been a very longstanding critic of both the Human Rights Act and the European Convention on Human Rights - so she's keeping this going even though it's a terrible idea theguardian.com/law/2011/oct/0…
7/ + If the Tories have wanted this since 2006 why hasn’t it happened yet?
Well, that’s a long story. In summary, they have never had (a) a coherent plan which wouldn’t lead to the UK being in breach of the European Convention on Human Rights (which is a different thing) and..
Well, that’s a long story. In summary, they have never had (a) a coherent plan which wouldn’t lead to the UK being in breach of the European Convention on Human Rights (which is a different thing) and..
8/ (b) a clear Parliamentary majority for watering down the HRA’s protections. The last time it looked like it might happen, after the 2016 Election, Dominic Grieve and other “Runnymede” Tories made clear they would rebel.
9/ No coherent plan and haven’t got the Parliamentary votes to pass it anyway… remind you of anything?! 🤔😫
10/ And then Brexit happened and everything was put off. The Tory 2017 Manifesto said that repeal and replacement of the HRA would wait until after Brexit
conservatives.com/manifesto
conservatives.com/manifesto
11/ And that’s exactly what has been confirmed again by a letter from the govt to the EU Justice Subcommittee
parliament.uk/documents/lord…
parliament.uk/documents/lord…
12/ So we know nothing new, and nothing has changed. But Brexit may be close to happening - who knows what “the process of leaving the EU concludes” means? I expect they mean after the UK leaves but before the final deal is struck - but could be after the final deal.
13/ So should we be worried?
A lot has to happen before the Tories get this foolhardy policy to happen. They need a coherent plan - which doesn’t put the UK on a collision course with the European Court of Human Rights. So far, all they have offered is bad ideas + rhetoric
A lot has to happen before the Tories get this foolhardy policy to happen. They need a coherent plan - which doesn’t put the UK on a collision course with the European Court of Human Rights. So far, all they have offered is bad ideas + rhetoric
14/ They also have to have the votes to get any kind of plan through Parliament. With their razor thin majority, I would be amazed if it could happen in this Parliament
15/ BUT.
If Brexit doesn’t happen, e.g. if Art 50 is revoked, this could all change. There would be a lot of anger among the Tory base.
If Brexit doesn’t happen, e.g. if Art 50 is revoked, this could all change. There would be a lot of anger among the Tory base.
16/ The Human Rights Act could (I expect would) be offered up as some red meat for them to chew on. The Parliamentary mathematics would still be challenging but I imagine we would get back into the swing of things pretty quickly
17/ If there was a General Election and the Tories won a bigger majority, then the HRA would be under real threat. And maybe the European Convention on Human Rights too.
18/ This policy has been a bad idea since 2006 and remains a bad idea. One of the other things the letter from Edward Argar said was that the UK would remain committed to the European Convention on Human Rights, which makes any major watering down of the HRA basically impossible
19/ Although, if Brexit doesn’t happen, the ECHR could be next on the agenda. So keep vigilant. Brexit is shaking up the UK’s ‘constitutional landscapes’ and both the HRA and ECHR may be under significant threat in coming years if the Tories stay in power.
@rights_info 21/ Worth pointing out that the European Convention on Human Rights, and the HRA, are not connected to the EU in that Brexit would leave them untouched. However, the taking away of EU protections will make the HRA an even more important protection of citizens against the state
@rights_info 22/ Here's a nice video on how the Human Rights Act can touch people's lives
23/ What are human rights?
24/ Here's a nice one on what the HRA is and why it matters
25/ Have realised the statement in the first tweet in this thread may be putting it a little strongly - I suppose govt has confirmed it will revisit idea of repealing and replacing HRA, though I suggest taking them at their word from their manifesto that they intend to do it
