16. Memorandum from Liberty
I am writing to express Liberty's support for
the submission made to the JCHR by the Institute of Employment
Rights[119]regarding
inquiries into the United Kingdom's implementation of obligations
under the principal human rights treaties.
Liberty is usually concerned with the promotion
and protection of civil and political rights, rather than the
social and economic rights which are the main subject matter of
the submission. However, we would like to indicate our general
support for the points made by the IER and our specific agreement
over the comments made at page 30 relating to the use of the Human
Rights Act as a template.
The IER submission suggests two alternative
models for further incorporation. Firstly, through amendment to
the HRA by expansion to include other international instruments.
Secondly through the introduction of a new Human Rights Act dealing
exclusively with social and economic rights. Liberty believes
the second model would be preferable. While the addition of additional
articles might not be problematic, successful incorporation might
be jeopardised by the need to adopt the strictures imposed on
the existing HRA. For example, the need to act as a public authority
may not sit well with rights that usually relate to private law
disputes.
The creation of a new act would allow effective
parliamentary scrutiny in order to create the most appropriate
model. The only way to do this through amendment via primary legislation
would be through the passing of a Human Rights (Amendment) Act.
If there is to be primary legislation it should be aimed at new
legislation specifically tailored to meet the requirements of
the instruments to be incorporated.
4 May 2004
119 By Professor KD Ewing and Professor John Hendy
QC, King's College, London dated 31 March 2004. Back
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