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  4. Human Rights Act review issues call for evidence

Human Rights Act review issues call for evidence

14th January 2021 | human rights | Human rights

People with views on the operation of the Human Rights Act 1998 have seven weeks to submit them to the independent review of the Act.

The review, under retired Court of Appeal judge Sir Peter Gross, has published its call for evidence as it begins its scrutiny of how the Act is working, 20 years after it came into operation. 

Its terms of reference cover various questions under the headings of, first, the relationship between domestic courts and the European Court of Human Rights; and secondly, the impact of the Act on the relationship between the judiciary, the executive and the legislature. It is not concerned with either the substantive rights in the Convention or the question whether the UK should remain a signatory to it; the review proceeds on the basis that the UK will remain a signatory.

Under the first heading, the review would welcome any general views on how the relationship between the respective courts is currently working, including any strengths and weakness of the current approach and any recommendations for change.

Under the second, it would welcome views on how the roles of the courts, Government and Parliament are balanced in the operation of the Act, including whether courts have been drawn unduly into matters of policy. It would particularly welcome views on any strengths and weaknesses of the current approach and any recommendations for change.

Submissions are also specifically invited on the detailed questions in the terms of reference.

Avoiding the much criticised approach of the review of judicial review under Lord Faulks, which has refused to publish submissions received, the review specifically states that "In the interests of openness and transparency, responses to the call for evidence will be published on the IHRAR website as soon as is practicable", unless the panel exceptionally agrees to a request for non-publication. (The website is not yet live.)

Click here to view the call for evidence. The deadline for responses is 3 March 2021.

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