Irvine warns lawyers

HUMAN RIGHTS: Frivolous cases will be given 'short shrift'

The courts will give 'short shrift' to bad arguments or attempts to exploit the Human Rights Act, the Lord Chancellor has warned.

Speaking on the eve of the legislation's implementation on 2 October, Lord Irvine told a press briefing that the Act should be celebrated and not denigrated as had been the tendency of some of the media.

'It [the Act] will certainly mean that government and public bodies will be much more sensitive to the human rights implications of all their practices, all their policies and all new legislation,' said Lord Irvine.

'And I say to you: why on earth don't you applaud that and say that is a wonderful thing? Why is it that there are so many killjoys about when what we are talking about is major social progress?'

But Lord Irvine gave a stern warning that judges would take a dim view of any attempts by lawyers and claimants to exploit the legislation.

'With every new piece of legislation of great importance there are always lawyers who argue hopeless points.

But our senior judges, and I hope myself, have been robust in speaking out and saying that the courts should give short shrift to bad arguments.'

Lord Irvine also defended his dual role as a member of the judicial committee of the House of Lords and a government minister.

He maintained that the Act's right to a fair trial provision only requires that 'judges be and appear to be independent'.

He continued: 'There is no doubt or question that the Lord Chancellor can sit in a broad range of appeals to the House of Lords where no question of appearance of conflict of interest would arise.'

Jonathan Ames