News Release
153/99 18 May 1999
Jack Straw Announces Implementation Date for the Human Rights Act
One of the most important pieces of constitutional legislation will be brought fully into force on Monday 2 October 2000, the Home Office announced today.
From that date people who believe their human rights have been violated by public authorities will be able to have their case judged in UK courts rather than facing the cost and delay of taking their case to Strasbourg.
The Act meets the Government’s manifesto commitment to incorporate rights and freedoms guaranteed by the European Convention on Human Rights (ECHR) into United Kingdom law.
Home Secretary Jack Straw said:
“These are new rights for the new millennium. The Human Rights Act is a cornerstone of our work to modernise the constitution. It is one of the most important pieces of constitutional legislation the UK has seen.
“Preparations for implementation of the Act are well underway but considerable work is needed before we can bring the main provisions of the Act into force. We have now concluded that we will be ready to implement the Act in October 2000.
“From this date, people who believe that their rights have been violated by public authorities will be able to have their cases judged in the UK courts - rather than facing the cost and delay of taking their case to the European Court in Strasbourg.
“But “Human Rights Day” - 2 October 2000 - should not be seen as a field day for lawyers. It will mark instead, a major step-change in the creation of a culture of rights and responsibilities in our society. The Human Rights Act is a two way street.
“Rights flow from duties - not the other way round. One person’s freedom is another person’s responsibility. And the Convention - and the Act - contains many rights which have carefully to be balanced, one with another.”
NOTES FOR EDITORS:
- A copy of the Parliamentary question and answer is attached.
- The Human Rights Act received Royal Assent on 9 November 1998. Some provisions are already in force. In particular, section 19, which requires a Ministerial statement which makes clear whether the provisions of any Government Bill are compatible with the Convention rights.
- All public authorities, including the courts, will be under a statutory duty to act compatibly with the Convention rights, unless primary legislation makes that impossible.
- The Government made it clear from the start that a considerable amount of work has to be done before the Act could be implemented. Courts and tribunals need training to deal confidently with Convention points, and all public authorities - not just central and local government - need to understand and prepare for the new obligations the Act will place upon them.
- £4.5m has been allocated for judicial training. The Cabinet Office and the Home Office are producing guidance for all administrators and civil service training programmes are underway.
- The European Convention of Human Rights was prepared by the Council of Europe (not the European Union) in 1950 and ratified by the United Kingdom in 1951. The United Kingdom has been bound in international law by its terms and court judgements ever since. In 1966 the United Kingdom agreed that individual citizens should have a right of access to the Strasbourg Court.
- All Council of Europe countries have now ratified the Convention, and all except Norway and Ireland have effectively incorporated the Convention into their domestic law. Under the Treaty on European Union, the EU is obliged to respect the European Convention on Human Rights.
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