§ Mr. Simon HughesTo ask the Secretary of State for the Home Department if he will ensure that a statement of compatibility with the European Convention on Human Rights is made by Ministers in all secondary legislation; and if he will make a statement. [102654]
§ Mr. StrawThe 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. The written statement should be made in whatever form seems appropriate, for example, in a letter to the Joint Committee on Statutory Instruments.
§ Mr. Simon HughesTo ask the Secretary of State for the Home Department if he will make it his policy for Departments to publish their assessments of the impact of the European Convention on Human Rights on all proposed new legislation; and if he will make a statement. [102670]
§ Mr. StrawUnder section 19 of the Human Rights Act 1998, the Minister responsible for a Bill must certify in full whether or not in his or her view the Bill is compatible with the provisions of the Act. This section is already in force. In addition, the Government now have decided that a Minister in charge of a Bill should be ready in debate to explain his or her thinking on the compatibility of particular provisions of the Bill with the Convention rights. The Minister should be ready to give a general outline of the arguments which led him or 139W her to the conclusion reflected in the statement made under section 19 of the Human Rights Act 1998 in relation to the particular provision.