Recommendation 12

We agree with the overwhelming majority of those that responded to the Government consultation and those who submitted evidence to our Committee that section 3 HRA does not undermine parliamentary sovereignty and that it should not be repealed. Repealing section 3 HRA will leave more victims with no effective remedy, having to take claims to the European Court of Human Rights to enforce their rights. It will also result in more legislation that is incompatible with Convention rights remaining in force, affecting more people while Government decides whether and how to remedy the incompatibility. It weakens the obligation on public authorities to act compatibly with Convention rights under clause 12. Furthermore, 112 Legislative Scrutiny: Bill of Rights Bill as recognised in our previous report on the Government’s consultation proposals, the section 3 HRA obligation has a key role to play in the development of a human rights culture in the public sector. Its removal will hinder and potentially undo any such development.