London Daily

Focus on the big picture.
Friday, Apr 03, 2026

Human Rights Act: UK government unveils reform proposals

Human Rights Act: UK government unveils reform proposals

The government has launched what it says will be "common sense" reforms to the Human Rights Act that will "restore confidence" in the legal system.

The proposals commit to staying within the European Convention on Human Rights, despite pressure from some Conservatives to leave the treaty.

The government says the plans will also prevent foreign offenders abusing rules around the right to a family life.

Critics warn the final measures could be muddled and unnecessary.

Justice Secretary Dominic Raab said the UK will "remain a party to the European Convention on Human Rights" while saying the government wanted to "change, reform to revise" how it is interpreted by courts.

The proposals will recognise the "right to trial by jury" as it applies "variably across different nations" in the UK and reinforce the weight given to freedom of speech, adding this is "a quintessentially British right, the freedom that guards all the others".

He added: "Freedom of speech does sometimes mean the freedom to say things which others may not wish to hear."

What is the Human Rights Act?


The Human Rights Act was introduced more than 20 years ago and it sets out in law a set of minimum standards of how everyone should be treated by public bodies.

It includes basic rights to a fair trial, life and freedom from ill treatment - and protections against discrimination or unfair interference in private and family life.

The act's wording comes from the European Convention of Human Rights - a treaty agreed by almost every nation in Europe after World War Two.

The convention is enforced by a court in Strasbourg, France, which includes judges from the UK and all other nations. It's nothing to do with the European Union.

Since the Human Rights Act came into force, most claims of unfair treatment are dealt with by British judges, rather than going to Strasbourg.

The HRA has been under repeated attack from critics on the right of politics who say that it puts European law ahead of British law.

On Tuesday the government published its long-awaited review of the act and a consultation on its future.

Under the three-month consultation, the government proposes changing the law to introduce specific circumstances in which a foreign national offender could not claim a right to family life in the UK to challenge their deportation.

Ministers want to introduce a new legal test which would allow judges to block what the government says are "spurious" cases making it to court.

Mr Raab said it would prevent what he called "abuse of the system" by criminals "relying on Article 8 - the right to a family life - to frustrate their deportation from this country". He said such claims make up about 70% of successful human rights challenges by foreign national offenders appealing deportation orders.

Mr Raab, also deputy prime minister, said the reforms would "sharpen the separation of powers", making the UK Supreme Court - rather than Strasbourg - "the ultimate judicial arbiter when it comes to interpreting the ECHR in this country".

This will be done by reforming the part of the act requiring UK courts to take account of Strasbourg caselaw.

He said: "We will make it crystal clear that the UK courts are under no duty to follow Strasbourg caselaw which itself does not operate a doctrine of precedent."

It's not clear how that differs from the current situation where British courts can choose to ignore the views of the European Court of Human Rights if they have good legal reason to do so.

Mr Raab said: "Our plans for a bill of rights will strengthen typically British rights like freedom of speech and trial by jury, while preventing abuses of the system and adding a healthy dose of common sense."

The plans do not include proposals that would change the law concerning the potential return to other countries of migrants arriving in dinghies.


Human rights law is subtle and complex. Those rights don't just come from the European Convention on Human Rights, which the British government played a leading role in writing, but the UK's legal traditions that have developed over 1,000 years.

Dominic Raab thinks the law needs rebalancing to emphasise the primacy of that British legal history - but some fear that a new bill of rights could be a muddle.

This isn't just a warning from lefty woke lawyers, as some on the right would have it.

There is concern from the security services about unintended consequences - see p288 of the independent review that the government commissioned.

That review and its conclusions, advice and warnings run to an astonishing 580 pages.

Here's the summary the panel want ministers to take on board: don't rush to change things if the evidence shows they don't need fixing.

Labour's shadow justice secretary Steve Reed described the proposals as "all mouth and no trousers", saying "they do nothing to deal with the severe failings in the criminal justice system".

He added: "If the secretary of state really wanted to restore confidence in the system his priority would be sorting that out, but instead he's choosing to fiddle with the Human Rights Act, instead of stretching every muscle and sinew to make sure that rapists and violent offenders are banged up behind bars where they belong."

The Law Society, which represents solicitors in England and Wales, urged the government to make sure that any reforms of the HRA were backed by evidence, not driven by political rhetoric.

Its president, I. Stephanie Boyce, said: "The powers government purports to introduce for the most part already exist. British judges deliver British justice based on British laws.

"UK courts do not, as government suggests, blindly follow case law from the European Court of Human Rights."

Newsletter

Related Articles

0:00
0:00
Close
Trump’s Strategic Pressure on UK Seen as Push for Stronger Alignment and Fairer Terms
UK Focuses on Trade Finance to Secure Critical Materials for Defence and Energy Sectors
Majority of UK Businesses Hit by Middle East Conflict While Confidence Holds Firm
UK Royal Navy Faces Renewed Scrutiny as Debate Intensifies Over Capability and Readiness
Reform UK Faces Mounting Distractions as Policy Agenda Struggles to Gain Traction
Investigation Launched Into Northern Cyprus IVF Clinics After UK Families Receive Incorrect Sperm
International Meeting Issues Unified Call to Safeguard Navigation Through Strait of Hormuz
Potential Strait of Hormuz Closure Raises Concerns Over UK Food and Medicine Supply Chains
UK Leads Coalition of Over Forty Nations Urging Iran to Reopen Strait of Hormuz
UK Secures Tariff-Free Access for Medicines in Landmark US Pharma Trade Agreement
King Charles III Invited to Address Joint Session of U.S. Congress in Rare Diplomatic Honor
Debate Grows Over Whether Expanded North Sea Drilling Can Reduce UK Energy Bills
UK Faces Heightened Risk of Jet Fuel Shortages, Airline Chief Warns
UK Ends Police Investigations into Lawful Social Media Posts After Review Finds Overreach
Abramovich Moves to Establish Charity for Frozen Chelsea Sale Proceeds Amid UK Dispute
Starmer Reaffirms NATO Commitment While Responding to Trump’s Strategic Critique
UK Aid Reductions Raise Fears of Severe Human Impact Across Parts of Africa
UK Signals Renewed Push for EU Cooperation as Iran Conflict Reshapes Security Landscape
Bank of England Signals Caution as Bailey Advises Markets Against Expecting Rate Hikes
UK to Convene Global Coalition to Restore Shipping Through Strait of Hormuz
Trump Signals Possible NATO Reassessment, Emphasizes Stronger U.S. Strategic Autonomy
Australia Joins British-Led Efforts to Reopen Strait of Hormuz Amid Escalating Tensions
King Charles Plans US State Visit as UK Strengthens Ties with Trump Leadership
UK Regulator Launches Investigation Into Microsoft’s Business Software Practices
Kanye West Set for High-Profile Return to UK Stage at Wireless Festival
Trump Presses Europe to Strengthen Commitment as Iran Conflict Escalates
UK to Deploy Additional Troops to Middle East Amid Rising Regional Tensions
UK Authorities Face Claims of Heavy-Handed Measures in Monitoring Released Pro-Palestine Activists
Trump Calls on UK to Secure Its Own Energy as Iran Conflict Intensifies
Nigel Farage Declines Invitation to UK Conservative Conference Led by Liz Truss
Trump Warns Allies to Take Responsibility as Rift Deepens with UK and France Over Iran Conflict
How Britain’s Prime Minister Controls U.S. Bomber Access in Escalating Iran Conflict
Trump Urges Allies to Secure Their Own Oil Supplies as Hormuz Crisis Disrupts Global Energy
Russia Expels British Diplomat as UK Pushes Back Against Pressure
White House App Faces Scrutiny After Claims of Continuous User Location Tracking
BBC Faces Scrutiny Over Allegations of Paid Content Linked to Saudi Arabia
UK-France Coastal Patrol Agreement Nears Breakdown Amid Migration Pressures
UK Police Detain Pro-Palestine Activist Again Weeks After Bail Release
FTSE 100 Advances as Energy and Mining Shares Gain Amid Middle East Tensions
Eli Lilly Seeks UK Pricing Deal to Unlock Renewed Pharmaceutical Investment
Three Arrested in UK After Massive Cocaine Haul Discovered Hidden in Banana Shipment
UK Fuel Prices Poised for Further Surge Amid Global Energy Pressures
Apple Subsidiary Penalized by UK Authorities for Breach of Moscow Sanctions
Western Allies Intensify Coordinated Sanctions Strategy Against Russia
UK Lawmakers Face Criticism Over Renewed Push for Social Media Restrictions
Starmer Signals UK Crackdown on Addictive Social Media Features
Rising Costs Push One in Five UK Hospitality Businesses to the Brink of Closure
Man Arrested on Suspicion of Attempted Murder After Car Strikes Pedestrians in UK, Injuring Seven
Escalating Conflict Involving Iran Tightens Fiscal Pressures and Highlights UK Economic Vulnerabilities
UK Moves to Confront Russian ‘Shadow Fleet’ Operating in Its Waters
×