UPDATE FROM THE PARLIAMENTARY LIAISON OFFICER

Chris Thomas Trade Mark Attorney and IP Solicitor Appleyard Lees

Bill of Rights

Following the appointment of Rishi Sunak as Prime Minister, it is reported that the Bill of Rights, first introduced to Parliament on 22 June, is back on the legislative agenda for the new Government. The Bill would repeal and replace the Human Rights Act 1998, but would retain Convention rights and their ability to be enforced in UK Courts, whilst the UK would remain a member of the ECHR.

The key reforms proposed in the Bill include:

• Establishing primacy of UK case law – there will no longer be a requirement for UK courts to follow Strasbourg; cannot interpret rights in more expansive manner than Strasbourg;

• Ensuring that UK courts can no longer alter legislation contrary to its ordinary meaning and constraining ability of UK courts to impose positive obligations on public services by restricting scope for judicial legislation;

• Onus on claimant to demonstrate a significant disadvantage before a human rights claim can be heard;

• The behaviour of a claimant to be a factor when making an award of damages

The President of the Law Society, Stephanie Boyce, responded critically to the announcement of the introduction of the Bill in June (her comments are accessible via the link below). In particular her criticisms include that:

• By requiring a claimant to demonstrate a significant disadvantage, this will create an acceptable class of human rights abuses in the United Kingdom, despite these being against the law; www.lawsociety.org.uk/topics/human-rights/bill-of-rightsis-a-lurch-backwards-for-british-justice

• Overall the Bill will increase state power and damage the UK's reputation abroad.

A second reading of the Bill in Parliament has not yet been timetabled.

www.lawsociety.org.uk/topics/human-rights/bill-of-rightsis-a-lurch-backwards-for-british-justice

Public Order Bill (E&W)

The Public Order Bill has had its third reading in the House of Commons and is presently at the Committee Stage in the House of Lords, before the House of Lords issues a Report.

The Bill aims to introduce the following provisions:

• Establishing new criminal offences of locking-on and tunnelling, criminalising protest tactics of individuals attaching themselves to others, objects or buildings;

• Creating an offence for obstructions of major transport works, such as HS2;

• Creating new criminal offence of interfering with key national infrastructure, or delaying its operation;

• Extending stop and search powers for police to seize articles for protest-related offences;

• Introducing Serious Disruption Prevention Orders targeting protestors who are determined to repeatedly disrupt the public.

The Government cites public support for the new measures, in light of recent disruptions by organisations such as Just Stop Oil and Extinction Rebellion. Criticisms include that the measures are likely to contravene Article 10 ECHR (freedom of expression) and Article 11 ECHR (freedom of assembly and association), whereas Serious Disruption Prevention Orders create a protest "ban" for affected individuals.

Human rights reform - your views matter!

The CLS is now participating in a regular National Law Society Forum for Parliamentary Liaison Officers. This provides an opportunity for members of CLS to directly feedback to the Law Society Public Affairs and Campaigns Team on any legislative reforms which directly affect members or their clients. The Public Affairs and Campaigns Team regularly lobbies government and Parliament on legal reforms. This gives CLS members an opportunity to get their voices heard directly and for the CLS committee to support and communicate members' concerns. The next forum is scheduled to take place in February 2023. If you have any comments/observations please do not hesitate to contact the CLS Committee by email: admin@cambslaw.com or Chris.Thomas@appleyardlees.com