Lairg:Major new departure

New Powers for Judges to Protect British Human Rights

Lord Irvine of Lairg, in his first speech since taking office, reaffirmed the Government's manifesto commitment to incorporating the Convention into British law. Addressing a bill of rights conference at University College London, he said the Government would shortly be publishing a White Paper spelling out its proposals as to how that could be achieved. He also said that ministers were looking at the possibility of setting up a new Human Rights Commission to act as a "driving force for change" on such issues.

Incorporation of the Convention would mean that British citizens would be able to seek redress for abuse of their human rights through their own courts rather than having to go to the European Court of Human Rights in Brussels. "Incorporation will enhance the judges' powers to protect the individual against the abuse of power by the State," Lord Irvine said. "We should be leading the development of human rights in Europe, not grudgingly driven to swallow the medicine prescribed for us by the Court in Strasbourg. Our citizens should be able to secure their human rights not only from a court in Strasbourg but from our own judges. Our judges should be allowed to make a distinctive British contribution to the development of human rights in Europe."

Judges:More power to protect individuals

He added "It must not disturb the supremacy of Parliament. It should not put the judges in a position where they are seen as at odds with Parliament, "Our task ... is to find a distinctively British approach for our British Parliament and British courts."

Lord Irvine also reaffirmed the Government's commitment to a freedom of information act as a "central plank" in its programme of constitutional reform and dismissed complaints that there was no bill in the current legislative programme.

The Lord Chancellor explains his proposals to the BBC's Joshua Rozenberg

He said that Britain was alone of the major countries in western Europe in not incorporating the European Convention on Human Rights. He said that meant the people of the UK did not have access to their European Rights under the convention through the British courts.

He added that there was a tide in favour of constitutional reform, and that despite opposition claims that our constitution was " so perfect it was beyond improvement" he would be pressing ahead with change.