The clock is ticking towards 2 October 2000 when the Human Rights Act 1998 will take effect.
Until recently, public comment on the Act's introduction had largely been confined to weighty statements from the judiciary and Government ministers. Perhaps because they did not seem able to agree whether this was anything of significance other than to academic lawyers or the politically correct their statements had not captured public imagination.
On the one hand, the Lord Chancellor announced that the Act would "be the most significant challenge to the English legal system since the 1688 Bill of Rights". Delving deeper into history, the Home Secretary commented that the Act would be "the biggest change since the Magna Carta" and that to address its consequences two years had been allowed to smooth its introduction following passage of the Act.
On the other, the Home Secretary points out that the Act "simply enshrines rights that already exist by and large, that the Convention is not alien to Britain as english lawyers played a significant role in its drafting and that public authorities and business should heed the message 'Don’t Panic!'".
So why has the press woken up to the Act? Should those parts of business and public authorities that will have responsibilities under the Act and that have decided to wait for cases to unfold before the courts now be doing something?
Statements of 'jitters within government' at the disruptive and costly effect of the Act coupled with confirmation that in the next year alone over £60 million pounds has been made available for legal training and legal aid for cases. Soothing words from Cherie Booth QC that the Act is only about doing the decent thing juxtaposed with comment from the press at the race within the Bar to capture what is seen by them as a highly lucrative litigation market. Tabloid features about motorist challenges to speed cameras and gay rights in schools alongside the debate on whether the obligation on local authorities not to promote homosexuality should be rescinded has brought the Act to the public's breakfast table.
What is certain is that every wronged person will think human rights. Every lawyer advising on a potential claim is urged by their professional body to ignore human rights at the peril of an action in negligence against them.
This is why public authorities and business should seize the initiative rather than wait to be put on the ropes. Not taking action now to recognise human rights in all aspects of the business will cost more – financially and in terms of potentially damaging publicity. Inaction will suggest imprudence, a failure to address real risks facing the business. It may aggravate the chances of facing litigation and that litigation being successful. It may harm the chances of the private sector in bidding for work in the public sector – representing about half of the national economy.
Human rights needs to be seen as a signal to customers, partners in business and national organisations that it has critically reviewed its position in terms of compliance and best practice. It will also provide opportunities for new and better business.
With less than 6 weeks to go the following checklist should be addressed:
- Ensure directors and senior managers are aware of the key provisions of the Act as it affects the business or authority
- Undertake a preliminary analysis of major risk areas both internal (staff, information management etc) and external
- Prioritise training in key areas to help managers and staff understand what is required and the changes that may need to be made in practices, policies and written procedures
- Implement a rapid referral system to identify human rights complaints
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