Recommendation 18

The use of section 3 HRA interpretation wherever “possible” and reserving section 4 declarations of incompatibility as a remedy of last resort creates a sensible and respectful balance between the roles of the Judiciary and Parliament. An increase in the use of declarations of incompatibility at the expense of section 3 interpretations would have significant ramifications: leaving victims without effective redress for human rights violations and placing a considerable additional legislative burden on Government and Parliament. There is again no case for reform.