1.4.1 Key Milestones: Magna Carta, Human Rights Act 1998, Equality Act 2010

Early rights in the UK: 1215 Magna Carta which decreased the power of the monarch

• Common Law: Laws established by judges.

Human Rights Act 1998:

The Human Rights Act 1998 is a landmark piece of legislation in the UK that incorporates the rights contained in the European Convention on Human Rights (ECHR) into domestic British law. It came into effect in 2000 and ensures that UK citizens can seek protection of their rights in British courts, rather than having to go to the European Court of Human Rights in Strasbourg.

Courts could protect the rights of citizens and could check on the government. It established a wide range of rights to replace statute and common law.

The Human Rights Act is significant as it clearly establishes positive rights that everyone has access to.

Key Provisions:

Obligations on Public Authorities: Public bodies, including the government, police, hospitals, and local councils, must act in a way that is compatible with the rights protected by the Human Rights Act. This means they must respect and uphold these rights when making decisions or taking actions.

Judicial Interpretation and 'Reading Down': Courts in the UK are required to interpret legislation in a way that is compatible with the ECHR rights. This process is called 'reading down', where judges attempt to interpret laws in line with human rights principles. If this isn't possible, courts can issue a '****declaration of incompatibility', stating that a particular law conflicts with human rights. However, Parliament is not automatically required to change the law in response.

Parliamentary Sovereignty: Despite the incorporation of the ECHR into UK law, the Human Rights Act respects the principle of parliamentary sovereignty. This means that Parliament has the final say on whether or not to amend or repeal a law that may be incompatible with human rights.

Right to Life (Article 2) and Prohibition of Torture (Article 3): Some of the most fundamental rights protected under the Act include the right to life and the prohibition of torture and inhumane or degrading treatment. These rights are considered absolute and cannot be infringed upon under any circumstances.

Qualified Rights: Many rights under the Human Rights Act, such as the right to privacy (Article 8) and the freedom of expression (Article 10), are qualified rights. This means that these rights can be restricted in certain situations, for example, for reasons of national security, public safety, or the prevention of crime, but any restriction must be proportionate.

Derogation and Suspension: The Act allows the UK government to derogate from (temporarily suspend) some rights during times of national emergency, such as war or severe threats to public safety. However, any derogation must comply with strict conditions and must be necessary and proportionate.

Impact and Significance:

Empowerment of Courts: The Human Rights Act empowers UK courts to directly hear human rights cases, which strengthens judicial oversight over Parliament and government actions. This is significant for the protection of civil liberties in the UK.

Increased Protection for Citizens: Citizens are better protected as they can challenge public authorities that infringe upon their rights in domestic courts. It ensures greater accountability and transparency in public decision-making.

Controversies and Criticism: Some critics argue that the Act gives too much power to unelected judges, who can challenge decisions made by Parliament. There has also been debate over whether the UK should replace the Act with a British Bill of Rights, which some believe would better reflect British values and sovereignty.

Brexit and the Human Rights Act: Despite the UK leaving the European Union, the Human Rights Act remains in force. Brexit did not affect the UK's membership in the Council of Europe, the body responsible for the European Convention on Human Rights.

Freedom of Information Act 2000:

The Freedom of Information Act 2000 (FOIA) is a key piece of legislation in the UK that grants the public the right to access information held by public authorities. Its aim is to promote openness, transparency, and accountability in government and other public bodies by allowing citizens to request and receive information about their activities.

It gave the public the right to see information held by public bodies. This has helped improve services such as health service, the police and the civil service.

The MP's expense scandal in 2009 was uncovered through the use of this act, increasing government accountability.

Key Provisions:

Right to Access Information: The FOIA gives individuals the right to request information held by public authorities. This means any person can request recorded information, such as emails, reports, and documents, from public bodies in England, Wales, and Northern Ireland (and some cross-border UK authorities). The public authority is generally required to respond within 20 working days.

Scope of Public Authorities: The Act applies to a wide range of public authorities, including:

• Central government departments
• Local authorities (councils)
• NHS bodies (hospitals, GPs, etc.)
• Schools and universities
• The police and armed forces
• Regulators and non-departmental public bodies

Exemptions:

Not all information can be freely accessed. There are specific exemptions that protect sensitive or confidential information, including:

National security:

Information that could harm national security or defense.

Personal data:

Information that breaches data protection laws or privacy rights.

Commercial sensitivity:

Information that could damage the commercial interests of a business or organization.

Policy development:

Information related to the formulation of government policy that could affect the decision-making process.

Law enforcement:

Information that could prejudice law enforcement activities or court proceedings.

Impact and Significance of the Freedom of Information Act

Increased Transparency:

The FOIA has enhanced government transparency by allowing the public, journalists, researchers, and campaigners to scrutinize government actions, decision-making processes, and spending. This empowers citizens to hold public authorities accountable for their actions.

Investigative Journalism and Public Awareness:

Many high-profile investigations and reports have been possible due to FOIA requests. A notable example is the MPs' expenses scandal in 2009, uncovered by journalists after a series of FOI requests, which led to widespread public outrage and significant reforms.

Promoting Accountability:

The FOIA promotes accountability by providing public access to information on how decisions are made, how public money is spent, and how services are delivered. This transparency pressures public authorities to act responsibly and ethically.

Encouraging Public Participation:

By making government information more accessible, the FOIA encourages citizens to engage more actively in the political process. It empowers individuals to seek information on policies, government spending, and local issues, thereby fostering a more informed electorate.

Challenges and Criticism

Administrative Burden:

Some public authorities have expressed concerns that processing FOIA requests can be time-consuming and expensive, especially when dealing with large volumes of requests.

Confidentiality Concerns:

There are concerns that some public authorities may apply exemptions too broadly, withholding information that should otherwise be available to the public.

Chilling Effect:

Critics argue that the FOIA may lead to a chilling effect, where officials become less willing to document decisions or engage in open discussion, fearing that their communications could be subject to FOIA requests.

Equality Act 2010:

The Equality Act 2010 is a comprehensive piece of legislation in the UK that consolidates and simplifies previous anti-discrimination laws into a single legal framework. It aims to protect individuals from unfair treatment, promote equality of opportunity, and foster a more inclusive society. The Act covers various forms of discrimination across multiple areas of life, including employment, education, housing, and public services.

Requires all legislation and all decision making by the government at any level must take into account formal equality for different sections in society.

The act established that it is illegal to discriminate against:

• Age
• Disability
• Race
• Religion
• Sex
• Sexual orientation
• Marriage and civil partnership
• Pregnancy and maternity

Types of Discrimination:

The Equality Act defines several types of discrimination that are unlawful under the law:

Direct Discrimination:

When someone is treated less favorably than others because of a protected characteristic. For example, refusing to hire someone based on their gender.

Indirect Discrimination:

When a policy or practice that applies to everyone puts someone with a protected characteristic at a disadvantage. For example, a workplace policy that indirectly disadvantages people of a particular religion.

Harassment:

Unwanted behavior related to a protected characteristic that violates someone's dignity or creates an intimidating, hostile, or offensive environment.

Victimization:

When someone is treated unfairly because they have made or supported a complaint about discrimination under the Act.

Failure to Make Reasonable Adjustments:

Public authorities and employers must make reasonable adjustments to accommodate people with disabilities. Failure to do so is considered discriminatory.

Public Sector Equality Duty:

The Public Sector Equality Duty is a key feature of the Act, which requires public bodies (such as government departments, local authorities, and schools) to have due regard to the need to:

• Eliminate unlawful discrimination, harassment, and victimization.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people from different backgrounds. Public bodies are required to actively consider how their policies and practices affect people with protected characteristics and take steps to remove or minimize disadvantages.

Positive Action:

The Act allows for positive action to be taken in certain circumstances to address disadvantages faced by people with protected characteristics. For example, an employer can provide training programs specifically for underrepresented groups if they have been disadvantaged or disproportionately affected by discrimination.

However, positive discrimination (i.e., favoring someone solely because they possess a protected characteristic) is still generally unlawful under the Act.

Impact and Significance:

Simplification of Law:

The Equality Act 2010 brought together multiple anti-discrimination laws into a single piece of legislation, making the law easier to understand and more consistent.

Greater Protection:

The Act provides stronger protections for individuals across a range of areas, including employment, education, and services, ensuring a more equal society.

Promoting Fairness and Inclusion:

By prohibiting discrimination and promoting equality, the Act encourages fair treatment and inclusivity in all areas of public life. This helps to break down barriers and promote equality of opportunity.

Legal Recourse for Victims:

The Act empowers individuals to challenge discrimination in courts and tribunals, providing a legal mechanism to hold employers, service providers, and public bodies accountable.

Challenges and Criticism:

Enforcement Difficulties:

Despite the Act's broad scope, some argue that enforcement can be difficult, especially for individuals who may not have the resources or confidence to pursue legal action.

Complexity in Certain Areas:

The Act includes various exemptions and complexities, such as around indirect discrimination and positive action, which can make it difficult to apply in practice.

Ongoing Inequalities:

Critics argue that while the Act is an important step toward equality, persistent social and economic inequalities still exist, suggesting that further action and cultural change are necessary to fully achieve the Act's goals.