In a report released today, Sunday 10 August 2008, the Joint Committee on Human Rights calls on the Government to adopt an "aspirational" UK Bill of Rights and Freedoms. It argues that the Bill should combine the two human rights traditions which see liberty as, on the one hand, the absence of restraint and, on the other, as including the right to social and economic security.

The Committee notes there is cross-party consensus about the need for a new "Bill of Rights", which is reflected in public opinion. In a 2006 survey 77% of people polled agreed that "Britain needs a Bill of Rights to protect the liberty of the individual".

The Committee says that a properly conceived Bill of Rights would be a major constitutional landmark. It should build upon, but go beyond, the Human Rights Act and would "give lasting effect to the values which are considered fundamental by the people of the United Kingdom".

The report includes a suggested "outline" Bill of Rights and Freedoms, which the Committee says could be quite simple.

The Committee believes a Bill of Rights and Freedoms should include:

- traditional rights, such as the right to trial by jury and the right not to be subjected to intrusive surveillance without adequate justification or procedural safeguards;

- more recently recognised rights, such as the right to lawful and fair administration and the right to equality which would underpin existing legislation and the new Equality Act

- social and economic rights, including the rights to health, housing, education and an adequate standard of living. The Committee suggests a way of including such rights which it believes overcomes the traditional objections to their inclusion in Bills of Rights.

The Committee also says that there is a strong case for including

- the right to a healthy and sustainable environment in a Bill of Rights and Freedoms, a concept which is increasingly taking legal form in international human rights instruments and constitutions throughout the world, and

- detailed rights for children and other vulnerable groups.

A UK Bill of Rights should build on the unique "parliamentary model" of human rights protection contained in the Human Rights Act. Courts should not have the power to strike down legislation. The economic and social rights in the Bill should not be enforceable by individuals against the Government, but it should be the Government’s responsibility to make progress towards the realisation of those rights by legislative measures, with a limited role for the courts in reviewing the measures taken.

The Bill should not be a statement of the rights and freedoms of British citizens because human rights are universal. The Committee also rejects the idea that the rights enshrined in the Bill would be dependent on fulfilling certain duties, or could be used to "enforce" duties and responsibilities.

However, it should be binding on private persons or bodies performing a public function, as was originally intended by the Human Rights Act, which would enable many vulnerable people to rely on their human rights against their service provider, even if they are private.

The Bill should also require courts to give remedies where there is an obligation on the state to protect one person’s rights against violation by another private party, enabling, for example, people to rely on the Bill of Rights to protect their environment from harm by the activities of polluting businesses.

Andrew Dismore MP, Chair of the Committee said:

"We want to see a Bill of Rights that would set the bar for the universal standards to which everyone is entitled, and fills the gaps in the protection of more vulnerable people such as the elderly, children or people with learning disabilities.

"It should not be some sort of "charter for correct behaviour" that would see rights as a reward for fulfilling social responsibilities - rather it should be aspirational, setting out a shared vision for the future of our society.

"A UK Bill of Rights and Freedoms would be a constitutional landmark. It would provide a framework both for protecting the liberty of the individual against the intrusion of state power, and for protecting the "little person" against powerful interests."

The reports will be available from The Stationery Office (tel: 0870 600 5522), Parliamentary Hotline Lo-call 0845 7 023474, Email: book.orders@tso.co.uk, Internet: http://www.tso.co.uk/bookshop, TSO shops, The Parliamentary Bookshop, 12 Bridge Street, London SW1A 2JX (tel 020 7219 3890) and through good booksellers.  They will also be on the Committee’s website at the address below on the day of publication.

THE MEMBERS OF THE COMMITTEE ARE:

 Mr Andrew Dismore MP (Labour, Hendon) (Chairman)  Lord Dubs (Labour)
 John Austin MP (Labour, Erith & Thamesmead)   Lord Bowness  (Conservative)
 Mr Douglas Carswell MP (Conservative, Harwich)   Lord Lester of Herne Hill (Liberal Democrat) Dr Evan Harris MP (Liberal Democrat, Oxford West & Abingdon) Lord Morris of Handsworth (Labour)
 Mr Virendra Sharma MP (Labour, Ealing, Southall)   The Earl of Onslow (Conservative)
 Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Baroness Stern (Cross-Bencher)