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Home Office
Press Release
12 July 2000
GOVERNMENT TO "BRING RIGHTS HOME" ON 2 OCTOBER
The Human Rights Act was given the green light today when Home
Secretary Jack Straw signed an Order giving full effect to the Act
from 2 October this year.
From that date the European Convention of Human Rights (ECHR) will
become a full part of UK law, meaning that everybody will be able to
claim their rights through UK judges in UK courts.
The UK ratified the ECHR in 1951 The UK parliament and governments
have been complying with these rights for nearly 50 years and
implementing decisions of the ECHR in Strasbourg. The HRA will better
safeguard these rights by making them more accessible.
Signing the Commencement Order, the Home Secretary said:
"The Government's objective is to promote a culture of rights and
responsibilities throughout our society. This Act will make people
more aware of the rights they already have but also balances these
rights with responsibilities to others. This is a progressive,
inclusive and long overdue act, that sets out some basic rights to
guarantee the values we all share."
"Even though much of the European Convention on Human Rights was
drafted by British lawyers, people in the UK can only claim their
rights if they have the time and resources to take the long road to
Strasbourg. This Act is therefore about bringing British rights home"
Lord Chancellor, Lord Irvine, commented:
"The objective of the Human Rights Act is to promote a culture of
respect for human rights and responsibilities which over time will
permeate the whole of our institutions and society. Government and
the judiciary will carry this objective forward in partnership."
"The judiciary will be thoroughly prepared for 2 October. £4.5
million has been spent to ensure that all judges and magistrates will
be fully trained to deal with HRA cases. I am sure that they will be
sensible and realistic when dealing with Convention arguments and
will not lose sight of the philosophy behind the Convention - balance
and fairness. These are concepts with which the UK courts are fully
familiar: "
NOTES FOR EDITORS
1. The Human Rights Act was given Royal Assent on 9 November 1998.
Section 22 of the Act requires the Home Secretary to specify a date
for the Act to be implemented by signing a Commencement Order.
2. The Act will do 3 things with the fundamental rights and freedoms
in the European Convention on Human Rights:
(i) It makes it unlawful for a public authority to violate the
Convention rights, unless an Act of Parliament leaves no choice.
(ii) It says that all UK legislation must be given a meaning that
fits with the Convention rights, if that's possible. If a court says
that's not possible, it will be up to Parliament to decide what to
do. But any Act of Parliament declared by British courts incompatible
with the Convention rights nonetheless remains in force unless and
until Parliament decides otherwise. So the sovereignty of the British
Parliament is safeguarded.
(iii) Cases can be dealt with in a UK court or tribunal. UK citizens
will no longer have to go to the European Court of Human Rights in
Strasbourg.
3. The ECHR contains 17 basic rights covering issues such as -
i. freedom from torture and killing;
ii. liberty;
iii. respect for home and family life;
iv. education;
v. the right to a fair trial;
vi. the right of expression;
vii. the right to vote;
viii. property.
4. The ECHR is a convention of the Council of Europe, of which the UK
has been a member since its foundation after the last war. The
Council of Europe is an entirely separate institution from the
European Union.
5. The Act received an unopposed Third Reading in the House of
Commons on 21 October 1998, Royal Assent on 9 November 1998. Section
19 of the Act, requiring the Minister in charge of a Bill to make a
statement about its compatibility with the Convention rights, came
into force on 24 November 1998. By the Scotland Act 1998 the main
equivalent provisions of the HR Act effectively came into force in
Scotland in May 1999.
6. For further information contact the Home Office Press Office or
visit http://www.homeoffice.gov.uk/hract.
