The Ministry of Justice launched a consultation on its proposals to revise the Human Rights Act 1998 and replace it with a Bill of Rights.

The government says that the proposed new legislation aims to strike a proper balance between individuals’ rights, personal responsibility and the wider public interest. This would be achieved while retaining the UK’s commitment to the European Convention on Human Rights (ECHR). According to the MoJ, the proposed measures will restore Parliament’s role as the ultimate decision-maker on laws impacting the UK population, allowing more scope to decide how we interpret rulings from the European Court of Human Rights in Strasbourg, so putting an end to “us gold plating any decisions made by Strasbourg when we incorporate them into UK law”.

The MoJ adds that the plans will give the Supreme Court more ability to interpret human rights law in a UK context without fear of intervention from Strasbourg. Proposals also include measures to introduce a permission stage which will intercept “frivolous” claims. The consultation closes on 8 March 2022.

For the announcement of the consultation, click here. For the consultation document, click here. For the response of the Equality and Human Rights Commission, click here.