Blog: 17/12/21 - Quentin Baker, LLG President

On Tuesday the government published their consultation on the Human Rights Act Reform, A Modern Bill of Rights. The consultation follows the Independent Human Rights Act Review led by Sir Peter Gross (a retired judge), which was reported to the Deputy Prime Minister in October 2021, and which was widely assessed as having held the main line of the Act with some 'useful recommendations. The Justice Secretary Dominic Raab, who now has responsibility for the reform, has gone further than the review proposed.

In summary, under the proposed reforms, courts will no longer need to consider cases in line with Judgements of the European Court of Human Rights. Legislation will no longer need to be interpreted to make it compatible with the Convention; a permission stage will be included for challenges based on Human Rights together with need to demonstrate "significant disadvantage".

On a less disappointing note, the freedom of speech and right to trial by jury protections are likely to be welcomed by the public, provided the balance of freedom of speech does not cross the line which protects against discrimination and worse. Dominic Raab, commenting on the proposals said that freedom of speech was a "quintessentially British right", adding: "But one which we have seen eroded of late by a combination of case law introducing continental-style privacy rules and the incremental narrowing of the scope for respectful but rambunctious debate in politically-sensitive areas, something we in this House should resist".

More concerning is the interplay between the proposals in the consultation and those contained within the Judicial Review and Courts Bill. LLG intends to respond substantively to the proposed reforms and will be holding round-tables in the new year to which all members will be invited led by our membership director, Aneeka Sarwar. We will also hold a series of webinars to inform you of the changes and how these will impact the public sphere.

In other news, Omicron and rising cases leading to Plan B have brought a number of statutory instruments into force concerning the waring of face coverings, self- isolation, and entry to venues. We have produced a guidance note in relation to the wearing of facemasks in England, in which we consider that council chambers are not considered public halls for the purposes of the regulations. Village Halls however are caught, and this will affect Parish Council meetings by giving rise to a criminal offence if face masks aren't worn in Paris Council meetings. For our Welsh colleagues, please see the Health Protection (Coronavirus Restrictions) (No.5) (Wales) (Amendment) (No.22) Regulations 2021.

Finally, despite the challenges we continue to face following an already demanding year, I very much hope that you are able to have some time to relax and recharge over the Christmas break and enjoy some valued time with your loved ones.

Quentin Baker

LLG President