Source · Select Committees · Human Rights (Joint Committee)

Recommendation 18

18

Clause 10 of the Bill should be amended to reinstate the position under the Human...

Conclusion
Clause 10 of the Bill should be amended to reinstate the position under the Human Rights Act: restricting the availability of declarations of incompatibility to circumstances in which the courts have identified an incompatibility with Convention rights in either Legislative Scrutiny: Bill of Rights Bill 113 a provision of primary legislation, or in a provision of subordinate legislation that cannot be removed as a result of primary legislation (see Annex, Amendment 8). (Paragraph 127) The relationship between the Executive, the Legislature, and the Judiciary