The Joint Committee on Human Rights report says it is regrettable that the Government has not been able to set out any clear vision as to how it expects Brexit will impact the UK’s human rights framework.
The Committee recommends that the Government commit to publishing its proposed ‘Great Repeal Bill’ in draft, to ensure that it receives adequate consideration in Parliament, preferably by a Joint Committee.
The Government should also set out in detail what approach it expects to take in respect of all fundamental rights currently guaranteed under EU law, prior to publishing the Repeal Bill draft legislation, and before triggering Article 50 of the Treaty on the European Union.
“ the Government must resist the temptation to allow laws relating to fundamental rights to be repealed by secondary legislation for reasons of expediency. If rights are to be changed there should be an opportunity for both Houses to seek both to amend and to vote on such changes.”
Even if current EU laws are preserved by the Repeal Bill, the Committee would like to see some mechanism in place for reviewing new developments in EU law to ensure that the UK is not isolated from developments emanating from the EU.
“The question of how fundamental rights will be enforced going forward will also be of central importance.”