THE Conservatives’ manifesto for the election set out plans to repeal the Human Rights Act 1998 that enshrines the European Convention of Human Rights into UK law.

They wish to replace the Act with a British Bill of Rights.

This is in order to fetter the ability of the European Court of Human Rights (ECHR) to create legal precedent to which UK Courts have to adhere.

Now the Conservatives are in power they have tasked the uncontroversial figure of Michael Gove, as Justice Secretary, to push forward with the proposal.

The prospect of this has stirred a lot of political rhetoric and hysteria (as well as some reasoned debate), not least on social media.

Those opposed to the abolition of the Act argue that it gives a voice to the vulnerable in society. To repeal the Act would undermine international law and see the vulnerable silenced.

Those who favour repeal argue that the Act protects society's villains, such as Abu Hamza, more than it protects the innocent. The Conservatives focus on the erosion of the UK’s constitution caused by allowing the unelected judges of the ECHR to influence UK law.

Before nailing your colours to the mast and signing an online petition, I would urge caution.

Thus far, comprehensive details of the proposed British Bill of Rights have not been forthcoming. Judgement should be reserved until then.

Furthermore, Mr Gove looks likely to have to overcome significant constitutional hurdles if he is to successfully deliver on this element of the Tories’ manifesto.

Mark Banham is a member of the Porter Dodson Dispute Resolution team and can help you with any dispute questions you may have. Contact Mark on 01823-625845.