Introduction and Summary

Before the General Election the Labour Party published a consultation document, Bringing Rights Home , setting out in some detail the case for incorporation, and its preliminary proposals for the way this should be done. A number of individuals and organisations responded helpfully with a range of comments on the paper, and have continued to make their knowledge and advice available to the Government. The Government's proposals for the Bill take full account of the responses to Bringing Rights Home . Any further comments in response to this White Paper or on the Bill should be sent to:

Human Rights Unit
Home Office
50 Queen Anne's Gate
London SW1H 9AT.

We may make any comments we receive publicly available. Respondents who would prefer their comments to be treated in confidence are invited to indicate this expressly.

Chapter 1 of this White Paper explains the content and status of the European Convention on Human Rights and why the Government considers it desirable to give people in this country easier access to their Convention rights.

The United Kingdom is bound in international law to observe the Convention, which it ratified in 1951, and is answerable for any violation. In some limited circumstances, the United Kingdom courts can already take the Convention into account in domestic proceedings. But public authorities in the United Kingdom are not required as a matter of domestic law to comply with the Convention and, generally speaking, there is no means of having the application of the Convention rights tested in the United Kingdom courts. The Government believes that these arrangements are no longer adequate, given the importance which it attaches to the maintenance of basic human rights in this country, and that the time has come to "bring rights home".

Chapter 2 explains the Government's proposals to make the Convention rights enforceable directly in this country. The Bill makes it unlawful for public authorities to act in a way which is incompatible with the Convention rights. This will make it possible for people to invoke their rights in any proceedings - criminal or civil - brought against them by a public authority, or in proceedings which they may bring against a public authority. The Government prefers a system in which Convention rights can be called upon as they arise, in normal court proceedings, rather than confining their consideration to some kind of constitutional court. Courts and tribunals will be able to award whatever remedy, within their normal powers, is appropriate in the circumstances.

Although the courts will not, under the proposals in the Bill, be able to set aside Acts of the United Kingdom Parliament, the Bill requires them to interpret legislation as far as possible in accordance with the Convention. If this is not possible, the higher courts will be able to issue a formal declaration to the effect that the legislative provisions in question are incompatible with the Convention rights. It will then be up to the Government and Parliament to put matters right. The Bill makes a "fast-track" procedure available for the purpose of amending the law so as to bring it into conformity with the Convention.

Chapter 3 sets out the other measures which the Government intends to take to ensure that the Convention rights are taken more fully into account in the development of new policies and of legislation. It also suggests that Parliament should itself establish a new Human Rights Committee. Amongst the matters on which the Government would welcome advice from a Parliamentary Committee is the possible establishment of a Human Rights Commission, but for the time being the Government has concluded that a new Commission should not be set up by means of this Bill.

Chapter 4 reviews the position on the derogation and reservation which the United Kingdom currently has in place in respect of the Convention and its First Protocol. The Government has concluded that these must remain for the time being, but the Bill requires any derogation to be subject to periodic renewal by Parliament and reservations to be subject to periodic review.

Chapter 4 also reviews the position in respect of those Protocols to the Convention which guarantee other rights (Protocols 4, 6 and 7) and which the United Kingdom has not so far accepted. The Government does not propose that the United Kingdom should ratify at present Protocol 4 or Protocol 6, but it does propose to sign and ratify Protocol 7 once some existing legislation has been amended.

The Annex sets out the text of the Convention rights themselves.