§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by Lord Williams of Mostyn on 7 December (WA 68), whether in the period before they bring Section 3 of the Human Rights Act 1998 into force, they will instruct counsel acting in proceedings on behalf of a Minister of the Crown or government department to submit that the courts should, so far as is possible, read and give effect to legislation in a way which is compatible with the Convention rights. [HL254]
§ The Minister of State, Home Office (Lord Williams of Mostyn)A great deal of training and preparation will need to be done before Section 3 or the other main provisions of the Act can be brought into force. Until that time, it would be premature to invite the courts to act as if those provisions had been brought into force.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by Lord Williams of Mostyn on 7 December (WA 68), whether the main provisions of the Human Rights Act 1998 will be "implemented as a whole" throughout the United Kingdom, or whether they will be implemented earlier in Scotland, Wales and Northern Ireland, in respect of the powers of the elected and other public authorities, by virtue of the devolution legislation. [HL290]
§ Lord Williams of MostynWe do not at present have any plans to bring the Human Rights Act into force at different times in different parts of the United Kingdom.
The devolved institutions established by the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 1998 will have no power to act in a way which is incompatible with the convention rights set out in the Human Rights Act. That issue will be justiciable in the courts under the terms of the 142WA devolution legislation when those institutions begin to operate, even though the Human Rights Act may not have been brought into force.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
Why they are delaying the bringing into force of the Human Rights Act 1998. [HL291]
§ Lord Williams of MostynAs the noble Lord will be aware from the Home Secretary's speech at Third Reading of the Human Rights Bill in another place on 21 October (Official Report, col. 1359), and from his own correspondence with my right honourable friend the Lord Chancellor, we would like to bring the Act into force as soon as is feasible but there is a great deal of training and preparation to be done first.