Human Rights Act 1998 Repeal Bill — 4 Dec 2012 at 12:46
The majority of MPs voted not to repeal the the Human Rights Act 1998.
The Human Rights Act gives effect in UK law to the European Convention on Human Rights. Section 6 of the Human Rights Act makes it unlawful for a public authority to act in a way which is incompatible with a Convention right, unless primary legislation gives no other option.
The Human Rights Act requires UK courts to take into account judgments, decisions, declarations and advisory opinions of the European Court of Human Rights as well as opinions of the European Commission and Committee of Ministers in connection with convention rights.
The impact, if any, of repealing the Human Rights Act, while remaining a party to the European Convention on Human Rights is unclear. James Hope, the Deputy President of the Supreme Court of the United Kingdom has stated:
- it’s very difficult to see how simply wiping out the Human Rights Act is really going to change anything until we withdraw from the convention – which, personally, I don’t think is conceivable.’
The rights covered by the Human Rights Act relate to Articles 2 to 12 and 14 of the Convention which cover:
Right to life
Prohibition of torture
Prohibition of slavery and forced labour
Right to liberty and security
Right to a fair trial
No punishment without law
Right to respect for private and family life
Freedom of thought, conscience and religion
Freedom of expression
Freedom of assembly and association
Right to marry
Right to an effective remedy
Prohibition of discrimination
and Articles 1 to 3 of the First Protocol which cover:
Protection of property
Right to education
Right to free elections
and Article 1 of the Thirteenth Protocol which relates to the abolition of the death penalty.
The motion rejected in this vote was:
- That leave be given to bring in a Bill to repeal the Human Rights Act 1998; and for connected purposes.
-  Are Supreme Court justices more assertive than they were as law lords?, Joshua Rozenberg, The Law Society Gazette, 5 August 2010
Votes by party, red entries are votes against the majority for that party.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (No)||Minority (Aye)||Both||Turnout|
|Con||3||69 (+2 tell)||0||24.3%|
|Lab||160 (+2 tell)||0||0||62.8%|
|Peter Bottomley||Worthing West||Con (front bench)||no|
|Jonathan Evans||Cardiff North||Con||no|
|Richard Ottaway||Croydon South||Con (front bench)||no|