Bill of Rights to strengthen freedom of expression and curb false claims of human rights

The bill will ensure that the courts cannot interpret laws in ways Parliament never intended, and empower people to express their views freely.

At the same time, it will help prevent trivial human rights claims from wasting judges’ time and taxpayers’ money. A permission stage will be introduced in court that will require people to show that they have suffered a significant disadvantage before their claim can proceed.

The bill will also reinforce in law the principle that responsibilities towards society are as important as personal rights. It will do so by ensuring that courts consider relevant conduct by a plaintiff, such as violent or criminal behavior by an inmate, when awarding damages.

The bill will make it clear that the UK Supreme Court is the ultimate judicial decision maker on human rights issues and that the case law of the European Court of Human Rights should not always be followed by UK courts.

Deputy Prime Minister, Lord Chancellor and Secretary of State for Justice Dominic Raab said:

The Bill of Rights will strengthen our tradition of freedom in the UK while injecting a healthy dose of common sense into the system.

These reforms will strengthen free speech, allow us to deport more criminal aliens, and better protect the public from dangerous criminals.

The Bill of Rights will make it easier to deport criminal aliens by allowing future laws to restrict the circumstances in which their right to family life would take precedence over public safety and the need to remove them.

It will mean that under future immigration laws, to avoid deportation, a criminal alien would have to prove that a child or dependent would suffer overwhelming and unavoidable harm if deported.

As a result, any new law will curb abuse of the system that has seen those convicted of harming their own partners and children evade removal on the grounds that it would violate their right to family life in the UK.

The Bill of Rights also:

• Boost press freedom and freedom of expression by introducing a stricter test for courts to consider before ordering journalists to reveal their sources.
• Prevent courts from imposing costly new obligations on public authorities to actively protect someone’s human rights and limit the circumstances in which current obligations apply, e.g. police forces have to notify gang members of threats to them by other gangs.
• Insulate Government plans to increase the use of Prison Separation Centers against legal challenge from extremist criminals who claim ‘the right to socialise’.
• Recognize that trial by jury is a fundamental component of fair trials in the UK.
• Prevent human rights from being used as a way to make claims about military operations abroad once upcoming legislation provides alternative options.
• Confirm that interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week that stopped the deportation flight to Rwanda, are not binding on UK courts.

This will be achieved by upholding the UK’s fundamental commitment to the European Convention on Human Rights.