Recommendation 15

Section 3 HRA allows the judiciary to ensure that legislation is read compatibly with the Convention where possible. This supports the overarching intention of Parliament that legislation should not violate Convention rights. We have not been provided with any evidence to suggest that the courts are wrongly applying this power or that its use undermines or usurps the role of Parliament. The fact that it is hard to identify any cases in which Parliament has felt the need to correct a court’s interpretation of legislation under section 3 HRA strongly indicates that the courts are not using section 3 to trespass on to the territory of the legislature. There is no case for amending or repealing this provision.