THE Human Rights Act has been hailed as one of the successes of Tony Blair's time as Prime Minister and it is a piece of legislation which has its place in protecting many who would otherwise have faced injustice.

And yet it is fraught with difficulties. Indeed, it is increasingly in danger of becoming a millstone around ministers' necks as they strive to be seen to be tough on terrorism and other violent crime.

It is a question of where to draw the line on human rights and freedoms; how to ensure there is a balanced approach; how to ensure that the rights of one individual don't impinge on the rights of others; how to ensure that common sense prevails.

The highly emotive case of Learco Chindamo, who as a 15-year-old boy stabbed teacher Philip Lawrence to death, is destined to become a key battleground in the fight to achieve the required sense of balance.

We do not take the view that it is straightforward. Although he is Italian by birth, he has been in Britain since he was five. It could, therefore, be argued that this country bears more responsibility for the way he has turned out than Italy does.

But we believe that argument is outweighed by the rights of Philip Lawrence's widow Frances who is "utterly devastated" by the decision not to deport her husband's killer to Italy when he is freed from jail.

We therefore welcome the Home Office's pledge to challenge the decision not to deport Chindamo because the vagaries of the Human Rights Act should be tested to the limit.

And the vast majority of people in this country will want to see the rights of Frances Lawrence hold sway.