Overwhelming opposition to a UK bill of rights is revealed in a new survey of the barristers’ profession.
The survey for The Times shows that nearly three out of four barristers do not believe that the Human Rights Act needs reform; and only 27 per cent believe that it does.
Similarly, 77 per cent do not believe that the UK needs its own bill of rights as proposed by the government, the survey shows.
The findings came as several hundred barristers met for their annual conference in London at the weekend.
In a second concern, barristers predict that legal aid reforms now being implemented will bring about the end of the publicly-funded bar.
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More than three in four warned of the demise of the legal aid bar, with only 24 per cent saying that the reforms would not have that result.
More optimistically, however, there is a resounding vote in favour of the likelihood of the Bar’s survival as an independent branch of the legal profession.
Despite concerns about solicitor-advocates and advocates in the crown prosecution service taking their work, the survey does show that most - 77 per cent - do not think the two branches of the profession will fuse within a decade.
Scrapping the Human Rights Act and replacing it with a UK bill of rights was in the Conservative party manifesto but it was not mentioned at the Conservative party conference.
By contrast, Chris Grayling, Michael Gove’s predecessor as justice secretary, mentioned the act six times in his speech to last year’s party conference.
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A consultation paper is still expected towards the end of November but it is likely to be far less controversial than was originally intimated in an early draft.
It will make clear that the UK Supreme Court can take account of, but is not bound by, judgments of the European Court of Human Rights in Strasbourg - which is a re-statement of the existing position.
A Bar Council spokesperson said: “Any plans to replace the Human Rights Act are likely to have a significant effect upon the rights and responsibilities of citizens of the United Kingdom.
” Once the details of any replacement emerge, we, along with our members, will give careful consideration to the proposed measures and make our views clear.
On fears about the future of legal aid work, Mark Fenhalls, QC, chairman of the Criminal Bar Association, said:
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“The Criminal Bar is a vital national resource and provides the public with advocacy and legal advice of the highest quality, at excellent value for money, as defenders and prosecutors.
Current government reforms threaten the demise of hundreds of firms of high street solicitors and pose great challenges, but I believe that fears of our imminent death are misplaced.
“Provided that we are permitted to compete fairly for work, I am confident that the Criminal Bar can and will continue to play a crucial role in a justice system fit for the 21st century.”
Jonathan Fisher, QC, who was a member of the commission set up to draw up proposals on a UK bill of rights, said: “These figures do not surprise me. During the Blair and Brown years the legal establishment has tended to lean towards the left of centre, and there is concern that a UK bill of rights will be used as cover by the Conservative government for withdrawal from the European Convention.
“This thinking is completely out of touch with the public mood. Opinions polls have repeatedly shown a broader public perception that human rights have become the last refuge of the undeserving, and the judicial creativity of the European Court of Human Rights especially over prisoner voting rights has fuelled this perception.”