Source · Select Committees · Human Rights (Joint Committee)
Recommendation 10
10
Paragraph: 86
Far from giving greater certainty to public authorities, clause 5 will inevitably lead to uncertainty...
Conclusion
Far from giving greater certainty to public authorities, clause 5 will inevitably lead to uncertainty and litigation as questions will arise as to what constitutes an “interpretation”, how to decide whether an obligation should be cast as “positive” or “negative”, and whether an interpretation is new or already in existence. This undermines the Government’s objective to increase certainty for public authorities and reduce the burdens on their resources.
Paragraph Reference:
86