Joint Committee On Human Rights Seventh Report


ANNEX B

Proposed Amendments to the Human Rights Act 1998

and

the Standing Orders of the House of Commons

I. Proposed Amendments to the Human Rights Act 1998 (1998 c.42)

Schedule 2 to the Human Rights Act 1998 shall be amended as follows.

(1) In paragraph 2(a), the words "made after the end of a period of 60 days beginning on the day on which the draft was laid", shall be omitted.

(2) In paragraph 6(b), for the words "both Houses are" the words "either House is" shall be substituted.

II. Proposed Amendments to the Standing Orders of the House of Commons

Standing Order No. 118 (Standing committees on delegated legislation) shall be amended as follows:

Line 22, at end insert—

"(c) the instrument is a remedial order made under section 10 of the Human Rights Act 1998 which the Joint Committee on Human Rights has recommended shall not so stand referred."

Standing Order No. 151 (Statutory Instruments (Joint Committee)) shall be amended as follows:

Line 24, at the end the words "or any remedial order made or proposed to be made under section 10 of the Human Rights Act 1998;" shall be inserted.

Standing Order No. 152B (Human Rights (Joint Committee)) shall be amended as follows:

Line 28, at the end the words ", including whether it recommends that a draft order shall not stand referred to a standing committee on delegated legislation under paragraph (3)(c) of Standing Order No. 118" shall be inserted.

Line 39, at the end the words ", including whether it recommends that an order or a replacement order shall not stand referred to a standing committee on delegated legislation under paragraph (3)(c) of Standing Order No. 118" shall be inserted.

A new Standing Order [Consideration of draft remedial orders and remedial orders] shall be made as follows:

"18A.—(1) No motion to approve a draft order laid before the House under paragraph 2, or an order made under paragraph 4, of Schedule 2 to the Human Rights Act 1998 may be made before the Joint Committee on Human Rights has reported on the draft order or order under paragraph (3)(b) or (4) of Standing Order No. 152B (Human Rights (Joint Committee)).

Provided that the report of the Committee is made—

(i) in the case of a draft remedial order, within 60 days of the laying of the draft order, or

(ii) in the case of a remedial order or replacement order, within 119 days of the making of the original order,

such periods to be calculated in the manner prescribed by Schedule 2 to the 1998 Act.

(2) If the Joint Committee on Human Rights has reported under paragraph (3)(b) or (4) of Standing Order No. 152B that a draft order laid before the House under paragraph 2, or an order made under paragraph 4, of Schedule 2 of the Human Rights Act 1998 should not be approved, no motion to approve the draft order or order shall be made unless the House has previously resolved to disagree with the committee's recommendation; the questions necessary to dispose of proceedings on the motion for such a resolution to disagree shall be put not later than three hours after their commencement; and the question shall be put forthwith on any motion thereafter made by a Minister of the Crown that such a draft order or order be approved.

(3) Motions to which this order applies may be proceeded with, though opposed, until any hour."


 
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Prepared 19 December 2001