Recommendation 2

Particularly given the subjective nature of the test, it is likely that the reasons relied on by the Minister are sufficiently compelling for proceeding by way of remedial order for the purposes of s.10(2) HRA. However, our Committee will have to report at the second stage of the remedial order process whether Parliament should approve it, and Parliament will have to decide whether to approve it. In our view, both our Committee and Parliament would benefit from the Government setting out why it believes the ‘compelling reasons’ test is satisfied in greater detail. (Conclusion, Paragraph 86)