Recommendation 15

Should section 3 HRA be repealed, it will result in significant legal uncertainty over the status of statutory interpretations made prior to the Bill of Rights coming into force. Whilst some uncertainty may be justified in the interests of positive reform, the repeal of section 3 is unnecessary and harmful to human rights. Clause 40 would do little to resolve the uncertainty and harm caused. It would also run counter to the Government’s intention to enhance parliamentary sovereignty, placing too much power in the hands of the Secretary of State to decide which laws should and should not remain compliant with human rights.