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:


Debate in Parliament | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

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.

PartyMajority (No)Minority (Aye)BothTurnout
Con3 69 (+2 tell)024.3%
DUP0 3037.5%
Green1 00100.0%
Independent1 00100.0%
Lab160 (+2 tell) 0062.8%
LDem21 0036.8%
PC2 0066.7%
SDLP1 0033.3%
SNP5 0083.3%
Total:194 72042.1%

Rebel Voters - sorted by party

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

Peter BottomleyWorthing WestCon (front bench)no
Jonathan EvansCardiff NorthConno
Richard OttawayCroydon SouthCon (front bench)no

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