Human Rights Act 1998 (Repeal and Substitution) Bill

Session 2012 - 13
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Human Rights Act 1998 (Repeal and Substitution) Bill

Human Rights Act 1998 (Repeal and Substitution) Bill
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Consequential amendments
(1)
A Minister of the Crown may by order made by statutory instrument make
amendments to Acts or instruments made under Acts to reflect the
replacement of the Human Rights Act 1998 with this Act.
(2)
Provision that may be made by order under subsection (1) includes the repeal
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of references to the Human Rights Act 1998 or terms used in that Act without
any replacement provision.
(3)
No order may be made by a Minister of the Crown under subsection (1) unless
a draft of the order has been laid before, and approved by a resolution of, each
House of Parliament.
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Short title, commencement, application and extent
(1)
This Act may be cited as the Human Rights Act 1998 (Repeal and Substitution)
Act 2013.
(2)
The provisions of this Act come into force on the passing of this Act.
(3)
Sections 8(1)(b) and 8(2) apply to proceedings brought by or at the instigation
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of a public authority whenever the act in question took place; but otherwise
section 8(1) does not apply to an act taking place before the coming into force
of this Act.
(4)
This Act binds the Crown.
(5)
This Act extends to Northern Ireland.
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Human Rights Act 1998 (Repeal and Substitution) Bill
Schedule 1 — United Kingdom Bill of Rights and Responsibilities
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Schedules
Schedule 1
Section 1

United Kingdom Bill of Rights and Responsibilities
Right to life
Article 1
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1
Everyone’s right to life shall be protected by law. No one shall be deprived
of his life intentionally save in the execution of a sentence of a court
following his conviction of a crime for which this penalty is provided by law.
2
Deprivation of life shall not be regarded as inflicted in contravention of this
Article when it results from the use of force which is no more than
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reasonably necessary—
(a)
in defence of any person from unlawful violence;
(b)
in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
(c)
in action lawfully taken for the purpose of quelling a riot or
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insurrection;
(d)
otherwise to stop or prevent a crime.
3
Deaths resulting from lawful acts of war shall not be regarded as
contravening this Article.
Abolition of the death penalty
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Article 2

The death penalty shall be abolished. No one shall be condemned to such
penalty or executed.
Prohibition of torture
Article 3
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No one shall be subjected to torture or to inhuman or degrading treatment
or punishment.
Prohibition of slavery and forced labour
Article 4
1
No one shall be held in slavery or servitude.
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2
No one shall be required to perform forced or compulsory labour.

Human Rights Act 1998 (Repeal and Substitution) Bill
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For the purpose of this Article the term “forced or compulsory labour” shall
not include—
(a)
any work required to be done in the ordinary course of lawful
detention or during conditional release from such detention, or
under the sentence of a court as punishment for a criminal offence;
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(b)
any service of a military character or, in case of conscientious
objectors, service exacted instead of compulsory military service;
(c)
any service exacted in case of an emergency or calamity threatening
the life or well-being of the community;
(d)
any work or service which forms part of normal civic obligations;
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(e)
any work or training required to be performed as a condition of
receiving a welfare benefit.
Right to liberty and security
Article 5
1
Everyone has the right to liberty and security of person. No one shall be
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deprived of his liberty by a public authority save in the following cases and
in accordance with a procedure prescribed by law—
(a)
the lawful detention of a person after conviction by a competent
court;
(b)
the lawful arrest or detention of a person for non-compliance with
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the lawful order of a court or in order to secure the fulfilment of any
obligation prescribed by law;
(c)
the lawful arrest or detention of a person effected for the purpose of
bringing him before the competent legal authority on reasonable
suspicion of having committed an offence or when it is reasonably
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considered necessary to prevent his committing an offence or fleeing
after having done so;
(d)
the detention of a minor by lawful order for the purpose of
educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
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(e)
the lawful detention of persons for the prevention of the spreading
of infectious diseases, of persons of unsound mind, alcoholics or
drug addicts or vagrants;
(f)
the lawful arrest or detention of a person to prevent his effecting an
unauthorised entry into the country or of a person against whom
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action is being taken with a view to deportation or extradition.
2
Everyone who is arrested shall be informed promptly, in a language which
he understands, of the reasons for his arrest and of any charge against him.
3
Everyone arrested or detained in accordance with the provisions of
paragraph 1(c) of this Article shall be brought promptly before a judge or
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other officer authorised by law to exercise judicial power and shall be
entitled to trial within a reasonable time or to release pending trial. Release
may be conditioned by guarantees to appear for trial.
4
Everyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings by which the lawfulness of his detention shall
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be decided speedily by a court and his release ordered if the detention is not
lawful.

Human Rights Act 1998 (Repeal and Substitution) Bill
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Right to a fair trial
Article 6
1
In the determination of his civil rights and obligations or of any criminal
charge against him, everyone is entitled to a fair and public hearing within
a reasonable time by an independent and impartial tribunal established by
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law. Judgment shall be pronounced publicly but the press and public may
be excluded from all or part of the trial in the interest of morals, public order
or national security in a democratic society, where the interests of juveniles
or the protection of the private life of the parties so require, or to the extent
strictly necessary in the opinion of the court in special circumstances where
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publicity would prejudice the interests of justice.
2
Everyone charged with a criminal offence shall be presumed innocent until
proved guilty according to law.
3
Everyone charged with a criminal offence has the following minimum
rights—
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(a)
to be informed promptly, in a language which he understands and in
detail, of the nature and cause of the accusation against him;
(b)
to have adequate time and facilities for the preparation of his
defence;
(c)
to defend himself in person or through legal assistance of his own
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choosing or, if he has not sufficient means to pay for legal assistance,
to be given it free when the interests of justice so require;
(d)
to examine or have examined witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the
same conditions as witnesses against him;
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(e)
to have the free assistance of an interpreter if he cannot understand
or speak the language
(f)
used in court.
No punishment without law
Article 7
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1
No one shall be held guilty of any criminal offence on account of any act or
omission which did not, at the time when it was committed, constitute a
criminal offence under the law of the United Kingdom or the relevant part
of the United Kingdom. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the criminal offence was committed.
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2
This Article shall not prejudice the trial and punishment of any person for
any act or omission which, at the time when it was committed, was criminal
under international law accepted by the United Kingdom or according to the
general principles of law recognised by civilised nations.
Right to respect for private and family life
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Article 8
1
Everyone has the right to respect for his private and family life, his home and
his correspondence.

Human Rights Act 1998 (Repeal and Substitution) Bill
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There shall be no interference by a public authority with the exercise of this
right except such as is in accordance with the law and is necessary in a
democratic society in the interests of national security, immigration control,
public safety or the economic well-being of the country, for the prevention
of disorder or crime, for the protection of health or morals, or for the
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protection of the rights and freedoms of others.
3
This Article shall not apply to prejudice, hinder or avoid the trial and
punishment of any person for any act or omission which is criminal under
the laws of the United Kingdom or the laws of any other country or territory.
Freedom of thought, conscience and religion
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Article 9
1
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief, in worship, teaching, practice and observance.
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2
Freedom to manifest one‘s religion or beliefs does not entitle a person to
cause or incite physical harm or injury to another person and is subject to
such limitations as are prescribed by law and are necessary in a democratic
society for the protection of public order.
Freedom of expression
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Article 10
1
Everyone has the right to freedom of expression. This right shall include
freedom to hold and state opinions and to receive and impart information
and ideas without interference by public authority and regardless of
frontiers. This Article shall not prevent public authorities from requiring the
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licensing of broadcasting, television or cinema enterprises.
2
The exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions, restrictions
or penalties as are prescribed by law and are necessary in a democratic
society, in the interests of national security, territorial integrity or public
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safety, for the prevention of disorder or crime, for the protection of health or
morals, for the protection of the reputation or rights of others, for preventing
the disclosure of information received in confidence, or for maintaining the
authority and impartiality of the judiciary.
Freedom of assembly and association
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Article 11
1
Everyone has the right to freedom of peaceful assembly and to freedom of
association with others, including the right to form and to join (or not to join)
trade unions for the protection of his interests.
2
No restrictions shall be placed on the exercise of these rights other than such
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as are prescribed by law and are necessary in a democratic society in the
interests of national security or public safety, for the prevention of disorder
or crime, for the protection of health or morals or for the protection of the
rights and freedoms of others. This Article shall not prevent the imposition

Human Rights Act 1998 (Repeal and Substitution) Bill
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of lawful restrictions on the exercise of these rights by members of the armed
forces, of the police or of the administration of the State.
Right to marry
Article 12

Men and women both of marriageable age have the right to marry and to
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found a family, according to the national laws governing the exercise of this
right.
Protection of property
Article 13
1
Every natural or legal person is entitled to the peaceful enjoyment of his
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possessions. No one shall be deprived of his possessions except in the public
interest and subject to the conditions provided for by the laws of the United
Kingdom.
2
The preceding provisions shall not, however, in any way restrict the
enforcement of such laws deemed necessary to control the use of property
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in accordance with the general interest or to secure the payment of taxes or
other contributions or penalties.
Right to education
Article 14

No person shall be denied the right to education. In the exercise of any
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functions which they assume in relation to education and to teaching, public
authorities shall respect the right of parents to ensure such education and
teaching in conformity with their own religious and philosophical
convictions, but only so far as this is compatible with the provision of
efficient instruction and training, and the avoidance of unreasonable public
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expenditure.
Right to free elections
Article 15
1
The relevant public authorities shall pursue the holding of free elections at
reasonable intervals by secret ballot, under conditions which will ensure the
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free expression of the opinion of the people in the choice of the legislature.
2
This Article shall not entitle a person to vote in an election if that person is
in detention under the sentence of a court handed down for a criminal
offence.
3
This Article shall not entitle a person to vote in an election if they are not a
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British citizen.

Human Rights Act 1998 (Repeal and Substitution) Bill
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Right to use force against intruders
Article 16
1
In a dwelling, a person (who is not himself trespassing) has the right to use
force against someone for the purpose of defending himself or others from
violence or a sexual crime or for protecting property from crime, where he
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believes the person he uses force against is in or entering the dwelling as a
trespasser; but the force used must not be grossly disproportionate in the
circumstances that he believes exist.
2
This Article applies in England and Wales only.
Right to challenge removal of children
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Article 17

When a minor child is removed from the custody of a parent or other person
in loco parentis and placed in the custody of a public authority, that parent
or other person in loco parentis shall have the right to challenge the
lawfulness of the removal before a court without undue delay.
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Right to challenge extradition
Article 18
1
No British citizen may be compulsorily removed from the United Kingdom
except in accordance with a process of extradition prescribed by law.
2
No British citizen may be extradited from the United Kingdom to another
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state or territory if he was in the United Kingdom at the time the alleged
offence in question is said to have been committed; in such a case, he may
only be tried for the alleged offence before a court in the United Kingdom
and serve sentence after conviction by that court.
Prohibition of discrimination
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Article 19

The enjoyment of the rights and freedoms set forth in this Schedule shall be
secured without discrimination on any ground such as sex, race, colour,
language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
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Restrictions on political activity of aliens
Article 20

Nothing in Articles 8, 10, 11 and 19 of this Schedule shall be regarded as
preventing restrictions on the political activity of aliens.