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UK bill of rights delayed further by Brexit and supreme court case UK bill of rights delayed further by Brexit and supreme court case
(about 7 hours later)
The long-anticipated British bill of rights has been further delayed because of the legal complications arising from Brexit and the supreme court case.The long-anticipated British bill of rights has been further delayed because of the legal complications arising from Brexit and the supreme court case.
Answering questions in the House of Commons on Thursday, the attorney general, Jeremy Wright QC, confirmed that the government would not attempt to repeal the 1998 Human Rights Act until it had finalised Brexit negotiations.Answering questions in the House of Commons on Thursday, the attorney general, Jeremy Wright QC, confirmed that the government would not attempt to repeal the 1998 Human Rights Act until it had finalised Brexit negotiations.
The prime minister, Theresa May, has already indicated that without a larger Conservative majority, a bill of rights is unlikely to become law in this parliament. The government, however, had indicated that it would press ahead with publishing a bill of rights soon.The prime minister, Theresa May, has already indicated that without a larger Conservative majority, a bill of rights is unlikely to become law in this parliament. The government, however, had indicated that it would press ahead with publishing a bill of rights soon.
The Conservative MP Peter Bone, a prominent Eurosceptic, asked Wright: “[Is] it still the government’s policy to introduce a separate bill of rights to enshrine things into British law?”The Conservative MP Peter Bone, a prominent Eurosceptic, asked Wright: “[Is] it still the government’s policy to introduce a separate bill of rights to enshrine things into British law?”
The attorney general replied: “We remain of the view that human rights law requires reform ... The government are certainly committed to seeking to do something about that.The attorney general replied: “We remain of the view that human rights law requires reform ... The government are certainly committed to seeking to do something about that.
“He [Bone] will have noticed that we have a few other things on our plate at the moment; I think we will have to resolve those before we can resolve the matter to which he refers.”“He [Bone] will have noticed that we have a few other things on our plate at the moment; I think we will have to resolve those before we can resolve the matter to which he refers.”
In the meantime, the 11 justices who heard the Brexit appeal this week will reconvene at the supreme court next week to begin private and lengthy deliberations. When they left the courtroom on Thursday afternoon, they would not have reached a final decision on their judgment.In the meantime, the 11 justices who heard the Brexit appeal this week will reconvene at the supreme court next week to begin private and lengthy deliberations. When they left the courtroom on Thursday afternoon, they would not have reached a final decision on their judgment.
Convention dictates that the discussion is led off by the newest member of the court on the panel, in this case Lord Hodge.Convention dictates that the discussion is led off by the newest member of the court on the panel, in this case Lord Hodge.
Initiating the post-courtroom discussions can be influential, enabling the speaker to shape the debate. Hodge will be followed by other justices in reverse order of seniority.Initiating the post-courtroom discussions can be influential, enabling the speaker to shape the debate. Hodge will be followed by other justices in reverse order of seniority.
Their ultimate written judgment will be delivered before the end of January. They will review written and oral evidence and precedent cases to help them assess whether the government can use its prerogative powers to notify under article 50, or whether only a parliamentary act would be sufficient to remove the rights created by the 1972 European Communities Act.Their ultimate written judgment will be delivered before the end of January. They will review written and oral evidence and precedent cases to help them assess whether the government can use its prerogative powers to notify under article 50, or whether only a parliamentary act would be sufficient to remove the rights created by the 1972 European Communities Act.
Supreme court decisions often include dissenting judgments. A simple majority is required to decide the issue. They could split narrowly, with five justices against six. An odd number is always selected to hear a case, ensuring that there cannot be a draw.Supreme court decisions often include dissenting judgments. A simple majority is required to decide the issue. They could split narrowly, with five justices against six. An odd number is always selected to hear a case, ensuring that there cannot be a draw.
Each justice can state his or her reasoning and line of legal authority for their conclusions in the final judgment. Given the political sensitivity of the case, there may be perceived pressure to produce a unanimous decision.Each justice can state his or her reasoning and line of legal authority for their conclusions in the final judgment. Given the political sensitivity of the case, there may be perceived pressure to produce a unanimous decision.
The Liberal Democrat justice spokesman Jonathan Marks QC said: “I am glad that the Government have put this vanity project on the backburner. The Human Rights Act protects all our rights and any attempts by this Government to erode them will be met with the most robust opposition, certainly from Liberal Democrats, but also from the other opposition parties and some on the Conservative benches as well.”