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Davis: Human rights law is malfunctioning
David Davis

David Davis has unveiled Conservative plans to tackle a growing "litigation culture" and review the workings of the Human Rights Act.

At a press conference on Monday, the shadow home secretary set out his plans to examine legislation that had "given rise to too many spurious rights".

The legislation, which incorporates the European Convention on Human Rights into domestic law, was a flagship reform introduced by Labour following its 1997 election victory.

But the Tories argue the legislation is prompting unnecessary court cases that lead to schools and hospitals paying out compensation for unjustified claims.

Davis said the party would establish an expert commission to recommend "any necessary alteration to the framework of UK law which will guarantee individual liberties while protecting the community from crime and terrorism".

He added that the review should "check the escalating volume of 'rights' claims against the criminal justice system and other public bodies".

Repeal

All options would be on the table, including possible repeal of the legislation, Davis said.

He said that implementing the Human Rights Act had "serious consequences for public policy", many of which would be "disapproved of by most UK citizens".

Highlighting a range of issues caused by the Act, including difficulties in deporting some asylum seekers, Davis branded the legislation as "seriously malfunctioning".

But he accepted that reform "will not be easy". "There are serious legal questions to be addressed, and it is important that we do not create a new set of unintended consequences," he said.

"I am not opposed to human rights. Real human rights are worth fighting for," Davis continued.

"But the Human Rights Act has spawned too many spurious rights. It has fuelled a compensation culture out of all sense and proportion.

"And all too often, it seems to give criminals more rights than the victims of crime. This has to stop.

"Our society needs more discipline, decent values and respect. The rights culture is taking us in the opposite direction.

"We need a culture of personal responsibility and common sense, and not a one-sided definition of 'human rights' that undermines individual accountability."

Published: Mon, 23 Aug 2004 09:59:24 GMT+01

"We need a culture of personal responsibility and common sense, and not a one-sided definition of 'human rights' that undermines individual accountability"
David Davis