Free speech will be made a legal ‘trump card’ under landmark legislation that will rip up Labour’s controversial Human Rights Act.
Tony Blair‘s legislation, which enshrined the European Convention on Human Rights (ECHR) into domestic law more than 20 years ago, will be replaced with a new Bill of Rights.
Justice Secretary Dominic Raab, who is masterminding the major shake-up, has vowed to give ‘overriding importance’ to principles of free speech.
The Bill, pledged in yesterday’s Queen’s Speech and expected to be published early next month, will seek to stave off moves towards European-style privacy laws without Parliament’s approval.
It will also contain measures to prevent foreign criminals from dodging deportation by deploying legal challenges under the ‘right to respect for private and family life’.
The law is also expected to set out how rulings by Britain’s top judges will take precedence over those from the European Court of Human Rights in Strasbourg, France.
Justice Secretary Dominic Raab (pictured at opening of Parliament), who is masterminding the major shake-up, has vowed to give ‘overriding importance’ to principles of free speech
Earlier this year, Mr Raab told the Daily Mail that democratic debate had been ‘whittled away by wokery and political correctness’.
He promised his reforms would protect the ability of the Press to expose corruption and wrongdoing, as well as allow individuals to speak their minds.
‘Effectively, free speech will be given what will amount to a trump card status in a whole range of areas,’ Mr Raab said in March.
‘I feel very strongly that the parameters of free speech and democratic debate are being whittled away, whether by the privacy issue or whether it’s wokery and political correctness. I worry about those parameters of free speech being narrowed.’
He also addressed concerns that decisions by unelected judges are gradually introducing privacy laws without the approval of Parliament.
It follows concern at a ruling in favour of the Duchess of Sussex in a privacy dispute against The Mail on Sunday, as well as the rise of ‘cancel culture’ over issues such as women’s and trans rights.
The Bill will make it harder for appeals to reach court under Article 8 of the ECHR, concerning the right to family life.
Up to 70 per cent of foreign criminals who lodge deportation appeals do so under Article 8, claiming it will be a breach of their rights for reasons such as having children in the UK.
But under the new plans they will have to seek permission from the courts before they can bring such a claim.
Human rights groups such as Liberty have described the plan as ‘a blatant, unashamed power grab’, while Labour has said it will ‘oppose the Human Rights Act being ripped to shreds’.
Ruinous press costs to be axed
Ministers will finally scrap legislation which could have imposed ruinous libel costs on the Press.
Section 40 of the Crime and Courts Act 2013 would have forced newspapers to pay both sides’ legal costs in defamation and privacy cases – even if they won.
But ministers said yesterday that the legislation, vehemently opposed by newspaper groups and Press freedom campaigners, will now be scrapped.
The provision would have affected any newspaper not signed up to a Royal Charter-approved regulator.
Just one regulator – Impress – was given approval, but concerns were raised about its independence after it emerged that it was funded by two charities linked to Max Mosley, the former Formula One boss.
The majority of media organisations refused to sign up to the body.
Almost all are instead signed up to the Independent Press Standards Organisation (Ipso), a voluntary Press-funded body.
Despite being on the statute book for years, the legislation has never been brought into force.
In 2017 the Tories pledged in their manifesto to repeal it.
Prince Charles, Prince of Wales, sits by the The Imperial State Crown, in the House of Lords Chamber, during the historic State Opening of Parliament today
Prosecution lingers for IRA and soldiers
The security services will be given extra powers under a National Security Bill which will also create new offences to tackle hacking.
The legislation, described as the biggest overhaul of security laws for a generation, will bring the Official Secrets Act up to date, ministers say.
It will mean that ‘hostile actors’ could be prevented from visiting, working or studying in certain places where they cannot be prosecuted or disrupted.
A ‘Foreign Influence Registration Scheme’ would require people to register certain arrangements with foreign governments, in line with similar schemes in the US and Australia.
The measures could also block terrorists from receiving civil damages payouts which could be used to fund their crimes.
Crackdown on foreign spies
Suspected foreign spies will be banned from key sites and a register of those who pose a threat to the country will be introduced under new laws.
The security services will be given extra powers under a National Security Bill which will also create new offences to tackle hacking.
The legislation, described as the biggest overhaul of security laws for a generation, will bring the Official Secrets Act up to date, ministers say.
It will mean that ‘hostile actors’ could be prevented from visiting, working or studying in certain places where they cannot be prosecuted or disrupted.
A ‘Foreign Influence Registration Scheme’ would require people to register certain arrangements with foreign governments, in line with similar schemes in the US and Australia.
The measures could also block terrorists from receiving civil damages payouts which could be used to fund their crimes.