THE CITY Council is bracing itself for the introduction of an important new law which could have a profound effects on our lives.
The Human Rights Act sounds simple but its consequences are expected to create a seismic shift in the way we are governed.
From October 2 any public body which breaks basic human rights will be acting unlawfully.
Council chiefs are currently trying to work out the law will affect the local authority but, at first glance, they have predicted "far-reaching implications."
Current council byelaws could be rendered unenforceable or even illegal by the Act and they fear a big increase in litigation from the public.
Some believe the Act will empower the public to make a stand for their human rights but others believe the biggest winners will be barristers and solicitors.
The Act is based on the European Convention on Human Rights which was signed by the UK back in 1951 but not incorporated into domestic law. When it comes into effect in October rights such as Freedom of Assembly, Right to a Fair Trial, Right to Respect for Private and Family Life and Freedom of Expression will be enforceable in the UK courts and tribunals.
The Council's legal team has started to look at how the Act will effect the council's services and a report to councillors by Chief Solicitor, Mike Dudfield, highlights some of its possible effects.
In the report he says: "It is a significant piece of legislation and everything the council does will be covered by the act. It will make it unlawful for the Council to act in a way which is incompatible with Convention rights. It is expected to have far-reaching implications for a wide range of public authorities. It is certain to effect a cultural change - judicial and administrative. Heightened public awareness and expectation of human rights, coupled with a greater readiness to enforce these rights, will mean increased exposure to challenge. Whether the Act will produce a litigation explosion, however, remains to be seen."
To ensure they met the requirements of the new legislation the council is currently drawing up a Human Rights Compatibility Audit to find out whether their policies, practices and procedures comply with the Act.
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