Human Rights Act: Government launches independent review

The Ministry of Justice has launched anindependent review by a panel of experts which will examine whether there is a need to reform the Human Rights Act. The review, led by former Court of Appeal Judge Sir Peter Gross, will consider:

• The relationship between the domestic courts and the European Court of Human Rights (ECtHR). This includes how the duty to 'take into account' ECtHR case law has been applied in practice, and whether dialogue between our domestic courts and the ECtHR works effectively and whether there is room for improvement;
• The impact of the HRA on the relationship between the judiciary, executive and Parliament, and whether domestic courts are being unduly drawn into areas of policy;
• The implications of the way in which the Human Rights Act applies outside the territory of the UK and whether there is a case for change.

The MoJ says that the UK remains committed to the European Convention on Human Rights and that the review is limited to looking at the structural framework of the Human Rights Act, rather than the rights themselves.

For more information and short profiles of the panel members, click here.

13/12/20

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