Joint Committee On Human Rights Seventh Report


ANNEX C

Summary of Recommendations relevant to the duties of Ministers

Judgements of the European Court of Human Rights

1. The responsible Minister should inform the Joint Committee on Human Rights, as a matter of course, of any judgment of the European Court of Human Rights in cases brought against the UK, and provide it with a copy of the judgment. This should be done within a month of the judgment being delivered. Where the Court holds that the United Kingdom has violated a person's Convention rights, the Government should inform the Committee as soon as possible, and in any case within three months of the date of the judgment, of any steps it has taken or intends to take to ensure that similar violations do not occur in the future (paragraph 26).

Declarations of incompatibility by the UK Courts

2. A Minister should inform the Joint Committee on Human Rights of a declaration of incompatibility relating to his or her responsibilities as soon as it has been made, within 14 days of the court's decision. It would be helpful to the Committee if the Minister could provide at the same time the full text of the declaration in question, together with a copy of the judgment of the court (paragraph 28).

Decisions not to appeal declarations

3. Where the Minister has decided not to appeal against the making of the declaration of incompatibility, he or she should inform the Committee of the reasons for that decision. These might simply take the form of a statement that the Minister accepts the correctness of the judgment of the court concerned (paragraph 29).

Final judgement of incompatibility

4. Once the judgment which includes a declaration of incompatibility has become final, the responsible Minister should, within a calendar month, inform the Committee of the result of any appeal, and provide a copy of the full text of any declaration of incompatibility made or upheld on appeal, together with a copy of the judgment of the appellate body. Where possible, the Minister should inform the Committee of his or her preliminary view of the appropriate way to proceed in remedying the incompatibility, giving reasons (paragraph 30).

Final decisions on how to remedy incompatibility

5. Final decisions about how to remedy incompatibilities should be made no later than six months after the end of legal proceedings (paragraph 34).

Choice of urgent or non-urgent procedure for remedial orders

6. The decisive factor in deciding whether to adopt the urgent or non-urgent procedure for a Remedial Order should be the current and foreseeable impact of the incompatibility it remedies on anyone who might be affected by it (paragraph 36).


 
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Prepared 19 December 2001