Prof Conor Gearty and Dr Giulia Gentile cited on Bill of Rights


13 February 2023

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The Bill of Rights Bill introduced by the UK Government in June 2022 is aimed at replacing the Human Rights Act 1998, which gives effect to the European Convention of Human Rights in the UK. The Bill is currently undergoing its second reading in the House of Commons. Professor Conor Gearty and Dr Giulia Gentile offered written evidence to the House of Commons and House of Lords Joint Committee on Human Rights on the Bill in August 2022. The evidence highlights several controversial aspects of the Bill, such as the practical challenges for UK judges to apply the Bill if passed, the lower protection granted under the Bill to selected fundamental rights and the potential for a higher number of violations of the Convention. Professor Conor Gearty's and Dr Giulia Gentile’s written evidence was cited with favour on several issues in the Report of the Joint Committee on Human Rights 'Legislative Scrutiny: Bill of Rights Bill'published on 25 January 2023. In particular, the report concurred with the views presented by Professor Conor Gearty and Dr Giulia Gentile that Clause 3(3)(a) and (b) of the Bill unnecessarily complicate the UK’s courts task of applying ECHR rights and that the severing of positive obligations from Convention rights demanded by Clause 5(2) of the Bill would likely entail confusion for individuals, public authorities, and the courts, culminating in unnecessary satellite litigation.