§ Mr. MackinlayTo ask the Secretary of State for the Environment, Transport and the Regions if he will place in the Library the opinion on which he based his decision that he was unable to make a statement, under the provisions of section 19 of the Human Rights Act 1998, that the provisions of the Local Government Bill [Lords] are human rights compliant. [119160]
§ Ms Armstrong[holding answer 14 April 2000]: The Government do not normally publish their legal advice. However, I can clarify that there are doubts as to whether section 2A of the Local Government Act 1986 is compatible with Article 10 (freedom of expression) of the 319W European Convention on Human Rights (ECHR), and with Article 14 (freedom from discrimination) when read with Article 8 (respect for private and family life) and Article 10.
The Bill on introduction to the Lords was, in our opinion, compatible with the ECHR. However, clause 91 of the Local Government Bill amends, and thereby reaffirms, the provisions of section 2A. By extension, this amendment casts doubt on whether the Bill is now compatible with the ECHR. On this basis, the Secretary of State made a statement under section 19(1)(b) of the Human Rights Act 1998.
The Government have already said that they intend to remove clause 91 of the Bill and, in its place, provide for the repeal of section 2A of the 1986 Act. In our view, the Bill will then be compatible with the ECHR.