Recommendation 12

We welcome the Prime Minister’s recent reaffirmation of his ‘deep and abiding’ commitment to the ECHR and the ECtHR made at the Reykjavik summit. However, clause 53 gives Ministers legislative permission to act in direct violation of the UK obligations under the ECHR. Where a Minister chooses to ignore an interim measure and therefore breach Article 34 of the ECHR, clause 53 also prevents the courts from having regard to interim measures when considering proceedings under this Bill. This clause therefore permits deliberate breaches of our obligation to comply with interim measures of the ECtHR. Clause 53 must be removed from the Bill (see Annex, Amendment 5). Clause 53 must be removed from the Bill (see Annex, Amendment 5).