The Human Rights Act: Enforcement powers

Employers should understand how the Human Rights Act 1998 works before it comes into force on 2 October 2000.

There is much comment on how individuals and community groups can use the Act to influence how companies operate and the enforcement practices of the Environment Agency and local authorities. However, employers may also use it to try and restrict enforcement powers. For example, Article 8 states that:

(1) Everyone has the right to respect for his private and family life, his home and his correspondence.

(2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedom of others.

Section 17 of the Environmental Protection Act 1990 and Section 20 of the Health and Safety at Work etc. Act 1974 give Environment Agency, Health and Safety Executive and Local Authority inspectors' powers of search and seizure over and above those used by the police. These include the power (without a warrant) to:

- enter premises;
- undertake examinations and investigations;
- direct that premises or any part of them or anything in them are to be left undisturbed; and
- take measurements, photographs, samples or articles.

Article 8 could question the legality of these powers, since they can be used without a warrant and can be very extensive with few restrictions. The courts will ultimately determine their legality. Inspectors are likely to argue that achieving public safety requires searches to take place, and reducing their powers against companies would make the job impossible and perhaps even jeopardise public safety. However, the possibility that Article 8 can be used should be at the forefront of inspectors' minds come October 2000, before they carry out inspections, searches and seizures of properties.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.