§ Sir Nicholas LyellTo ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his answer of 2 February 1998,Official Report, columns 544–45, if he will list the primary and secondary legislation brought forward to implement the judgments in each of the cases cited in his answer. [29501]
§ Mr. FatchettThe primary legislation brought forward in order to implement the judgments of the European Court of Human Rights was as follows
Sunday Times (1979): Contempt of Court Act 1981;Young, James and Webster (1981): Employment Act 1982, sections 2–14;X (Mental Patient) (1981): Mental Health (Amendment) Act 1982, section 28 and Schedule 1.Campbell and Cosans (1982): Education (No. 2) Act 1986, section 47;Malone (1984): Interception of Communications Act 1985;O, H, W, B and R (Parental Access) (1987): Children Act 1989, sections 22 and 34;Thynne, Wilson and Gunnell (1990): Criminal Justice Act 1991, section 34;Boner and Maxwell (1994): Criminal Justice (Scotland) Act 1995, section 42;Hussain and Singh (1996): Crime (Sentences) Act 1997, section 28;Chahal (1996): Special Immigration Appeals Commission Act 1997.The subordinate instruments brought forward in order to implement the judgments of the European Court of Human Rights were as follows:
Golder (1975): Prison (Amendment) Rules 1976 (S.I. 1976/503);Dudgeon (1981): Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536; N.I. 19);Silver and Others (1983): Prison (Amendment) Rules 1983 (S.I. 1983/568);Abdulaziz, Cabales and Balkandali (1985): Statement of Changes in Immigration Rules, laid before Parliament on 15 July 1985 (HC 503);McCallum (1990); Campbell (1992): Prison (Scotland) Amendment Rules 1993 (S.I. 1993/2227);McMichael (1995): Children's Hearings (Scotland) Amendment Rules (S.I. 1996/1199);Benham (1996): Legal Advice and Assistance (Scope) (Amendment) Regulations 1997 (S.I. 1997/997).The primary legislation already brought forward which in the Government's view ensured that United Kingdom law was compatible with subsequent judgments of the European Court of Human Rghts was as follows:
491WFox, Campbell and Hartley (1990): Northern Ireland (Emergency Provisions) Act 1987, section 6;Findlay (1997); Coyne (1997): Armed Forces Act 1996, section 5 and Schedule 1; section 15; section 16 and Schedule 5; section 17.In some cases, the action taken to ensure the compatibility of United Kingdom law with a judgment of the European Court of Human Rights may have been a combination of the above and other measures.