Human rights: progress report

Report on the current situation with human rights legislation in the UK

October 2023

It has been distressing to see the steady erosion of rights in the UK with limits on protests, campaigning and access to judicial review all incorporated in legislation. Police powers have also been increased. The war in the Middle East has seen the Home Secretary urge the police to take action against supporters of the Palestinian position.

A disappointing lack of resistance has been seen with the introduction of these new laws and other bills in parliament. There has been opposition in the House of Lords but this has been bypassed or simply ignored. The main resistance has come from outside organisations such as Each Other and Open Britain. The Labour Party has been disappointingly quiet.

At the recent Labour Party conference in Manchester there was a fringe event Human Rights for a better Britain. An Amnesty member, Elena Auer, attended this event and reported:

“I attended a Labour Party fringe event held jointly by Amnesty and The Labour Campaign for Human Rights. It was an interesting networking event with opening remarks robustly setting out our defense of human rights. The Labour party representative set out their belief that human rights should remain at the heart of Labour’s policy and practice. We were given a copy of Amnesty’s new ‘Human Rights Manifesto which was launched this week (W/c 9th October) [we have been unable to locate this online but an older version can be accessed here]. The good news was there was a ground-breaking speech from Emily Thornberry committing the a future Labour government to review all anti-rights legislation. I am hopeful that both Amnesty and Liberty would hold the Labour party to account on this if they do form the next government”.

Whether the party – should it form a government – will do more than ‘review’ the legislation remains to be seen. Review by itself commits the party to nothing and it will have to find parliamentary time to debate and drive through alternative legislation. In view of other pledges and changes it wants to make (if the conference speeches are to be believed) then this time may be limited. These more restrictive laws are likely to be a feature for some considerable time.

As previously reported, The Home Secretary, Suella Braverman, visited Washington DC recently and gave a speech in which she referred to the Human Rights Act as the Criminal’s Rights Act. Liberty has gained permission from the High Court to take criminal action against the government for introducing new anti-protest legislation which has been democratically rejected by parliament just a few months previously.

They say that the Home Secretary has acted unlawfully by using a statutory instrument to give the police more powers to impose restrictions on protests that cause ‘more than minor’ disruption. Statutory Instruments are a way to bring new laws in without having to create a whole new bill. Liberty argues the Home Secretary was not given the power by parliament to take this action, making her action a serious overreach which inviolate he constitutional principle of the separation of powers because the measures have already been rejected b parliament. By bringing in these new powers, the government has been accused of breaking the law by giving the police ‘almost unlimited’ powers to shut down protests due to the vagueness of the new language.

Status of Acts

Briefly, the current status of acts which negatively impact on human rights are:

Nationality and Borders Act 2022	Royal assent: May 2022
Judicial Review and Courts Act 2022	Royal Assent May 2022
Police, Crime, Sentencing Courts Act 2022	Royal Assent July 2022
Public Order Act 2023	Royal Assent May 2023
Anti-Strike (Minimum Service Levels) Act 2023	Royal Assent July 2023

We are grateful for group member Mike for the work in facilitating this post.