§ Baroness Greengrossasked Her Majesty's Government:
Whether they stand by the assurance in the preface to the Home Office published Study Guide to the Human Rights Act that the Act "is a form of higher law in the United Kingdom', that is, that it has primacy over any domestic legislation which may conflict with the rights and freedoms guaranteed by the European Convention on Human Rights which Britain had ratified in 1951". [HL5533]
164WA
§ The Lord Chancellor (Lord Irvine of Lairg)The Human Rights Act provides that, so far as it is possible to do so, legislation must be read and given effect in a way which is compatible with the convention rights. This applies to all primary and secondary legislation whenever enacted. To that extent, the Human Rights Act may be described as a form of higher law.
However, the Human Rights Act provides that the validity, continuing operation or enforcement of primary legislation of the United Kingdom Parliament is unaffected by any incompatibility with the convention rights. In this way, the Act unequivocally preserves Parliament's ability to pass Bills that are or may be in conflict with the convention.