The British Institute of Human Rights' response to Justice Minister, Michael Wills' speech to BIHR on the Government's Green Paper on a Bill of Rights and Responsibilities

Justice Minister Michael Wills MP gave his first public speech (full transcript available) on Tuesday 21 April, 1-2pm, for the British Institute of Human Rights, since the publication of the Government’s Green Paper on Rights and Responsibilities.

The Government published its Green Paper on Rights and Responsibilities on 23 March 2009.

The British Institute of Human Rights welcomes any opportunity for a national conversation on how human rights can be further protected in the UK. However, it is concerned that the Green Paper lacks a clear vision of how it adds to the existing Human Rights Act, which already protects many rights in UK law.

Ceri Goddard, Acting Director of the British Institute of Human Rights said:

"We welcome the Government's continued commitment to the Human Rights Act, as reiterated by Michael Wills today, and call for a cross-party commitment to the Human Rights Act, which protects the fundamental rights of all people in the UK.

"BIHR fully supports any national debate on human rights, but firmly believes these discussions must be well-informed and comprehensive - involving all people including the most vulnerable and excluded. We welcome the commitment from Michael Wills to take seriously discussion about the protection of all rights spanning our economic and social lives as well as more traditional civil liberties - especially in these difficult economic times - and as part of this we welcome particularly his commitment to make available funds to allow marginalised groups to actively engage in this consultation on a Bill of Rights."

Justice Minister Michael Wills said: “The Government believes there is a case for drawing out more clearly and explicitly the responsibilities which go with rights. Our Green Paper sets the framework for a national debate and deals with some of the most fundamental questions we face as individuals and as a society – how we live together, what rights and freedoms we enjoy, what duties and obligations we owe."

BIHR thinks that the consultation on a Bill of Rights potentially provides an opportunity to safeguard and reinforce the value of fundamental rights for all people in the UK, provided the following essential issues are recognised:

• It is absolutely critical that any new Bill of Rights does not fall below minimum standards already set out in the Human Rights Act, which enforces in the UK the rights protected under the European Convention on Human Rights. 
• All people in the UK, regardless of citizenship or immigration status, must enjoy equal protection of their human rights. Human rights by definition apply to all human beings, they are universal and do not depend on a person's immigration or citizenship status. 
• Human rights already trigger responsibilities. For many rights this includes balancing the rights of the individual against the rights of others and wider society, such as freedom of expression, or right to a private or family life. An exception to this is the prohibition of torture, which can never be violated under any circumstances. BIHR is concerned that the Government's Green Paper on a Bill of Rights and Responsibilities may leave a false impression that existing human rights do not already carry clear lines of responsibility, accountability, monitoring and enforcement. 
• A Bill of Rights provides an opportunity to safeguard in UK law, those human rights which the UK is has already agreed to internationally. BIHR is disappointed that the Government is not making a clear case for enforceable human rights that cover economic and social aspects of our lives, such as health, education and housing. It is these rights that often hold greatest meaning to people in Britain. There are many ways of making such rights enforceable which permits judicial oversight, whilst retaining Parliament's role in formulating social policy and allocating resources. A Bill of Rights can also embed protections to a right a jury trial and other civil liberties.
• The public debate about a Bill of Rights must be comprehensive and inclusive: BIHR believes that the debate on a Bill of Rights must involve a wide range of people in society, including the most vulnerable and disadvantaged whose human rights are often most at risk yet who often have the least say. This requires the Government to ensure that any consultation process is fully accessible to ensure equal opportunity for everyone to take part. 
• A debate on human rights must provide people with the facts about human rights. BIHR believes that people must be given comprehensive information about human rights, which includes demonstrating the positive changes human rights can make in people's lives. It is only when people understand and own human rights that they become relevant and real.

Following Michael Wills’ lecture on 21 April, and the previous lecture given in November by Nick Herbert, the then justice shadow secretary for the Conservatives, on 5 May Chris Huhne MP of the Liberal Democrats will deliver his own response to the proposed Bill and present his party’s vision for rights and freedoms in the UK.

ENDS

Notes to Editors

1. For further information or a spokesperson contact:
British Institute of Human Rights, Switchboard 020 7848 1818
Jean Candler, jcandler@bihr.org.uk, 020 7848 1839, out of hours 07985 982103 or Sanchita Hosali, shosali@bihr.org.uk, 020 7848 1817.

2. Michael Wills MP, Justice Minster gave a public lecture to BIHR on the Bill of Rights on 21 April, 1-2pm at Mander Hall, Mabledon Place, London WC1B 9DB. His speech was followed by questions from the floor.

3.The British Institute of Human Rights (BIHR) is a human rights organisation aiming to bring human rights to life. It is committed to challenging inequality and injustice in the UK, through supporting people to use human rights to improve their lives, and to develop more effective public policy and practice, through training and awareness-raising.

3. The Human Rights Act brings most of the rights contained in the European Convention on Human Rights into UK domestic law. The Human Rights Act does this by placing a duty on all public authorities to act in a way that respects and fits with the rights in the European Convention on Human Rights. The British Institute of Human Rights believes that the Human Rights Act is making a valuable difference to people's lives, especially for the vulnerable, as outlined by over 30 case studies in its report The Human Rights Act: Changing Lives (2nd ed.)

4. To book your place at BIHR’s upcoming lunchtime lectures click here

5.  The Government’s Green Paper, Rights and Responsibilities: developing our constitutional framework, can be viewed here

6. BIHR’s Lunchtime lectures are now in their 23rd year. They are open to the public and free of charge. The lectures are kindly sponsored by Irwin Mitchell and One Crown Office Row.

7. The full transcript of Michael Wills’ speech can be found here.