Journal editorial October 2022: Changed spots?

The national focus, at time of writing, on the Truss Government’s fiscal and spending policies should not distract us from watching carefully for what may be happening on the human rights front.

It appears at least that the Government is not intending to progress the British Bill of Rights Bill, very much a personal project of former Justice Secretary Dominic Raab, and one said not to have enjoyed enthusiastic support even among his colleagues. 

Few in the profession will shed tears for a measure which seemed designed to restrict rather than enhance individuals’ rights, and certainly would have made their enforcement more difficult. Before rejoicing at seeing off this threat, however, it is worth reminding ourselves that sentiments within the Government about the rule of law and the legal order, domestic and international, are not likely to have changed much from those widely deprecated by lawyers, and others, under the previous Prime Minister. 

Despite one or two indicators of a less defiant position vis-à-vis the European Union in relation to the Northern Ireland Protocol, it remains unclear whether attitudes have really changed towards what is a binding international agreement; and ministers seem hell bent on removing all traces of EU law, with its plethora of protections for the individual, from our books. Home Secretary Suella Braverman remains intent on removing refugees to Rwanda, and denying entry to cross-Channel migrants generally; and is avowedly no friend of the European Convention on Human Rights, appearing to regard it as an imposition on our courts rather than an instrument that now has a settled and respected place within the UK’s legal systems.

Although it is unlikely that there will be Government support for a policy of withdrawal from the Convention – which would come at a cost of further difficulties with the EU, among other consequences – there were clear pointers in the Prime Minister’s conference speech towards a desire to downgrade the its status within the UK’s legal systems.

Another thing that may well continue is the steady encroachment on devolved powers. The Johnson Government appeared to have a deliberate aim of legislating for the UK in such a way as to cut across powers or policies of the Scottish and Welsh Governments, powers that had co-existed perfectly well with the EU legal order in pre-Brexit days; and in so doing, going against the claim during the referendum campaign that leaving the EU would mean enhanced devolved powers. Attitudes towards the elected Scottish Government and Parliament were no more respectful during the Conservative leadership campaign, and there is little sign yet of a change of mindset.

The Truss Government attempts to present itself as something different, but continuity with its predecessor exists in many respects. It does not exactly start with a clean slate, and the profession must be ready to stand up for the people’s rights.