This is a past event
Human Rights Reform and the Meaning of ‘Public Authority’
Erin Ferguson
In December 2021, the UK government published a consultation paper setting out its proposals to replace the Human Rights Act 1998 with a Bill of Rights. Amongst the questions it poses is whether a clearer definition of ‘public authority’ is needed to provide greater certainty as to which private bodies are covered when delivering public services. The HRA was introduced in the wake of widespread privatisation in the UK, and Parliament clearly intended for the Act to apply broadly to private bodies carrying out public functions. However, the courts have since applied a restrictive approach to interpreting s 6(3)(b), which has had the effect of narrowing the scope of the HRA. This presentation is based on an article in progress, in which I agree with the government’s assessment on the scope of the HRA, but argue that its proposals are unlikely to provide greater clarity or certainty and are in fact likely to undermine human rights protection within the UK.
- Speaker
- Dr Erin Ferguson
- Hosted by
- Aberdeen Centre for Constitutional and Public International Law
- Venue
- Online Event