HL Deb 10 January 2000 vol 608 cc76-7WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

What are the practices and procedures for the scrutiny of proposed delegated legislation by government departments to secure compatibility with the obligations imposed upon the United Kingdom by the international human rights covenants and conventions to which the United Kingdom is party. [HL343]

Lord Bassam of Brighton

Each department is responsible for ensuring that any secondary legislation which it puts forward takes proper account of the relevant international obligations accepted by the United Kingdom.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they will introduce a procedure to ensure that, where secondary legislation amends primary legislation and is not subject to affirmative resolution, written statements made by Ministers as to whether they consider the secondary legislation to be compatible with the convention rights are published in a form which enables Members of each House of Parliament to be aware of Ministers' views when such legislation is laid before each House. [HL344]

Lord Bassam of Brighton

The Government have decided that, from the beginning of the current session, a Minister inviting Parliament to approve a draft statutory instrument or statutory instrument subject to affirmative resolution should always volunteer his or her view regarding its compatibility with the convention rights. The Minister's view should also always be given regarding the incompatibility of any secondary legislation to the extent that it amends primary legislation; and that statement should be made in writing where the secondary legislation which amends primary legislation is not subject to affirmative resolution. It is the intention of the policy that these written statements should be publicly available. Their precise form is a matter for the Minister concerned. What will be appropriate depends on the particular circumstances. However, we have suggested to departments that one option would be a letter to the Joint Committee on Statutory Instruments.