Govt puts together human rights commission for possible UK Bill of Rights to protect civil liberties

A heavyweight group of QCs has been pulled together by the Government to investigate the case for a UK Bill of Rights and look at reforming the European Court of Human Rights in the wake of a number of controversial European rulings.

Seven QCs were appointed to the nine-member commission of human rights experts, launched last week (18 March) by Deputy Prime Minister Nick Clegg and Justice Secretary Kenneth Clarke.

The commission, which will be chaired by former permanent secretary at the Department of Work and Pensions Sir Leigh Lewis, will look at whether it is necessary to create a Bill of Rights to protect civil liberties in the UK while ensuring that obligations under the European Convention of Human Rights (ECHR) are met under UK law.

With the UK set to take over as chair of the Council of Europe this November, the commission will also look at reforming the European Court of Human Rights, with a final report due by the end of 2012. An advisory panel will also be established to offer guidance in relation to Scotland, Wales and Northern Ireland.

Withdrawing from the ECHR will not be an option, despite criticism within the UK of both the Convention and the Court of Human Rights. This follows a number of controversial rulings from the Court, including the recent decision that serving prisoners should be given the right to vote.

The new commission comprises Jonathan Fisher QC of Devereux Chambers, Martin Howe QC from 8 New Square, Blackstone Chambers' Anthony Lester QC, Doughty Street Chambers' Baroness Helena Kennedy QC (pictured) and 4 Pump Court's Anthony Speaight QC.

Philippe Sands QC from Matrix Chambers, Blackstone Chambers' Sir David Edward QC and president of the International Political Science Association's research committee on political finance and political corruption Michael Pinto-Duschinsky have also been appointed to the panel.

Fisher said: "This is a very important step as I believe there is a perception that the implementation of the Human Rights Act hasn't gone particularly well and there is a lack of confidence in it. It is absolutely vital that we get it right if we are to enact a modern Bill of Rights and this would lead to changes in English law if it goes through.

"It is also important to appreciate that this is something which affects everybody. I've never believed in there being a specialist human rights Bar – human rights is an integral part of all types of legal practice. Every lawyer needs to know about the subject and be familiar with it."

The new commission has already come in for criticism, with some claiming that it is unlikely to achieve anything, as the line-up is strongly divided between those that are pro and anti-Europe. In addition, lawyers have questioned the scope for substantial reform – particularly as the boundaries of the commission's investigation mean the UK will still have to comply with the ECHR and European Court of Human Rights' rulings.

Herbert Smith's head of advocacy, Murray Rosen QC, said: "The ECHR has fermented controversy for decades and it is no bad thing to air the debate between legal experts again -but I have to say that both the arguments and opposing lawyer line-ups seem to me heavily weighted in favour of the present Europe-wide approach to human rights."

Fountain Court's Francis Jacobs QC added: "The ECHR contains rights derived from English law, and UK lawyers played a large part in its drafting. It would not be sensible to have two Bills of Rights, and the ECHR is binding on the UK in any event.

"The idea of a UK Bill of Rights would make sense only if the UK wanted to denounce the ECHR – which would entail withdrawal from the Council of Europe and probably from the European Union. To denounce the Convention should be an unthinkable idea."

Freshfields Bruckhaus Deringer litigation partner, Paul Lomas, said: "A UK Bill of Rights has been long threatened but is very unnecessary. Rights are human rights not British rights. If the UK sets up its own separate Bill of (presumably lesser) Rights it will undermine the ECHR that is already in place – a convention heavily shaped by English principle and English lawyers.

"The development of the decisions and processes of the ECHR to be more consistent with national courts and expectations might be a good idea, but there is no need to disengage from the international structure and go independent."

Manjit Gill QC from No.5 Chambers, said: "A UK Bill of Rights may complete the aim of 'Bringing Rights Home', which is something the Human Rights Act intended to do; this would be a good thing.

"There are also a number of specific matters which the commission ought to look. For instance, one of the biggest problems with the current position is that when a court declares the law to be incompatible with human rights, it cannot force the government to modify the law."