§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Lord Falconer of Thoroton on 3 February (WA 54), whether it is their position that, whereas Parliament needs to be informed as an aid to parliamentary scrutiny (under Section 19 of the Human Rights Act 1998) whether Ministers consider pending legislation to be compatible with convention rights, Parliament does not need to be similarly informed as to the compatibility with European Community law; if so, what is the justification for this difference; and if not, what is their position. [HL1030]
§ Lord Falconer of ThorotonThe Human Rights Act 1998 has preserved parliamentary sovereignty. UK courts will not be able to set aside primary legislation that is incompatible with the convention rights; instead the higher courts will, by schedule, be able to make a declaration of incompatibility. Section 19 provides for one of two sorts of statements to be made: either a statement to the effect that a Bill is compatible with the convention rights or a statement that the Minister is not able to make such a statement but that the Government nevertheless wish the House to proceed with the Bill. There is no such statutory framework in respect of European Community law.