§ Lord Mackenzie of Framwellgateasked Her Majesty's Government:
When they intend to bring into force Section 19 of the Human Rights Act 1998, and in what form statements under that section on compatibility with the convention rights will be published. [HL62]
§ The Minister of State, Home Office (Lord Williams of Mostyn)My right honourable friend the Home Secretary has made an order under the Human Rights Act bringing Section 19 into force on 24 November.
Statements under Section 19 will appear as a note on the face of each government Bill and in the explanatory notes for most Bills. This will enable anyone obtaining a copy of the Bill in paper or electronic form to see at once the statement.
There may be occasions when a Bill which has been amended at a late stage in the House into which it was first introduced cannot be accompanied by a statement when it is first printed in the second House. In these situations, a statement will be appended to the Bill by the time of Second Reading and the circumstances will be explained in a Written Answer.
2WAThe statements will be in the following form and will appear on the front page of each Bill:
"European Convention on Human Rights
Mr. Secretary … has made the following statement under Section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the … Bill are compatible with the convention rights";
or
"Mr. Secretary … has made the following statement under Section 19(1)(b) of the Human Rights Act 1998:
I am unable to make a statement that in my view the provisions of the … Bill are compatible with the convention rights, but the Government nevertheless wish the House to proceed with the … Bill".
In the explanatory notes the statement will be referred to as follows:
"European Convention on Human Rights
Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the convention rights (as defined by Section 1 of that Act). On [date] the Secretary of State for … made the following statement before Second Reading of this Bill in the House of [Commons] [Lords]:
In my view the provisions of the … Bill are compatible with the Convention rights".
or
"I am unable to make a statement that in my view the provisions of the … Bill are compatible with the Convention rights but the Government nevertheless wishes the House to proceed with the … Bill".