Labour pledge commitment to Human Rights Act

Legal aid appears lacking in Labour's manifesto which plans to increase freedom of information, abolish tribunal fees, and a rollback of judicial review reforms

The Labour party have unequivocally pledged its commitment to keep the much maligned Human Rights Act (HRA), and to reform - rather than leave - the European Court of Human Rights.

Launching its manifesto today, Labour said: 'Thanks to the Human Rights Act, some of our most vulnerable citizens, including disabled people and victims of crime, have been given a powerful means of redress. The Conservatives want to leave the European Convention of Human Rights, and abolish the Human Rights Act.

'A Labour government will stand up for citizens' individual rights, protecting the Human Rights Act and reforming, rather than walking away from, the European Court of Human Rights.'

In October 2014, the Conservative party vowed that should it achieve an outright majority in the next election, a Tory government would seek to scrap the Human Rights Act and replace it with a 'British Bill of Rights'.

Along with repealing the HRA, the Conservative's proposals would break the formal link between British courts and the court in Strasbourg, meaning Britain's courts would no longer be required to take into account rulings from the court in Strasbourg.

Speaking last year, the Liberal Democrats' justice minister, Simon Hughes, said his party would never denounce the HRA nor undermine the European Convention on Human Rights (ECHR).

Legal aid

While Labour's commitment to retaining the HRA is likely to be welcomed by most lawyers, the party made no specific commitment to legal aid, with the exception of increasing help for those who have experienced domestic violence.

'Victims of domestic violence need far better support. So we will widen access to legal aid for victims of domestic violence.'

The party's manifesto continued: 'We will make sure that access to legal representation, a cornerstone of our democracy, is not determined by personal wealth, but remains available to those that need it.'

Asked recently by SJ how he would redress the problems caused by cuts to legal aid, Labour's shadow secretary of state for justice, Sadiq Khan, said it was time for a different approach.

'Turning the tap back on isn't an option because we've lost £4bn from the MoJ budget. I've already said I will cancel the two-tier criminal contract and I will review the second cut. But also we've got to work with those within the justice system to see if there are different ways of doing things,' he added.

Judicial review

In addition, Labour's manifesto promises to widen access to information under the Freedom of Information Act 2000, and scrap reforms to judicial review introduced by the coalition government.

'Our Freedom of Information laws have shone a light into the darker corners of government and are a crucial check on the power of the executive. We will extend their scope so that public services run by large private companies are included. And we will repair the damage done by this government to the vital safeguard offered by judicial review.'

Speaking last week, the party's justice spokesperson, Andy Slaughter, said: 'The coalition government has been a disaster for access to justice and nowhere more than in its restrictions on judicial review, an essential check for the citizen on executive power.

'Labour will annul these changes, which are a petulant attempt to disregard the judgment of the High Court, before they come into effect, and will reverse Grayling's other attacks on judicial review.'

Tribunal fees

Finally, and as promised last week, Labour vowed to end the government's controversial employment tribunal fees system, which has widely been blamed for a 70 per cent reduction in the number of employment claims since its introduction in July 2013.

'We will abolish the government's employment tribunal fee system as part of wider reforms to make sure that affordability is not a barrier to workers having proper access to justice, employers get a quicker resolution, and the costs to the tax payer do not rise.'

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD