Non-fatal motion to object to the proposal for a draft remedial order not called Procedures
A step of type Business step.
Under Schedule 2 of the Human Rights Act 1998, there may be representations made about a proposal for a draft remedial order. One form of representation is a resolution of a House. In the House of Lords, a resolution may take the form of a non-fatal motion. The tabling of a non-fatal motion does not prevent a future draft remedial order being laid but may be used by the House of Lords to indicate concern. The most common non-fatal motion in the Lords is a motion to regret. The motion usually gives specific reasons for the regret. Under Schedule 2 of the Human Rights Act 1998, when a draft remedial order is laid it must be accompanied by a statement containing a summary of representations.
There is 1 procedure.
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Proposed draft remedial order
Remedial orders are a type of statutory instrument. Under the Human Rights Act 1998, courts can declare Acts of Parliament incompatible with the European convention on human rights. The Government can use remedial orders to amend Acts to remove the incompatibility. A minister formally presents (or ‘lays’) a proposal for a draft remedial order. Parliament has 60 days to consider the proposal. The Joint Committee on Human Rights (a Committee of Members of the Commons and Lords) also scrutinises the proposal. At the end of the 60-day period, the minister can lay a draft remedial order. The minister has to report details of any representations made during the 60 days and any changes made to the proposal.