Joint Committee On Human Rights Eighth Report


PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

MONDAY 7 APRIL 2003

Members present:

Jean Corston MP, in the Chair


Lord Lester of Herne Hill Mr Kevin McNamara MP
Baroness Perry of SouthwarkMr Richard Shepherd MP
Baroness PrasharMr Shaun Woodward MP
Baroness Whitaker




The Committee deliberated.

* * * * *

Draft Report [Scrutiny of Bills: Further Progress Report], proposed by the Chairman, brought up and read.

Lord Lester of Herne Hill declared an interest in respect of part of this draft Report.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 9 read and agreed to.

Question put, That paragraph 10 stand part of the Report.

The Committee divided:

Content, 7

Jean Corston MP

Lord Lester of Herne Hill

Baroness Perry of Southwark

Baroness Prashar

Mr Richard Shepherd MP

Baroness Whitaker

Mr Shaun Woodward MP

Not Content, 1

Mr Kevin McNamara MP







Paragraph 10 agreed to.

Paragraphs 11 to 56 read and agreed to.







Paragraph 57 read as follows:

"In relation to the Bills and draft Bill considered here, we report—

On the Fire Services Bill

— we consider that the Bill is likely to be compatible with Convention rights (paragraph 10, above);

— we draw attention to the possibility that the Bill would be incompatible with rights relating to collective bargaining under Article 6 of the European Social Charter and Article 8 of ILO Convention No. 151, in the light of the very wide scope of powers under the Bill (paragraphs 11-14 and 17-20, above);

On the Community Care (Delayed Discharges etc.) Bill

— we draw attention to the letter from the Minister of State at the Department of Health and its implications (paragraphs 24-25, above);

On the Greenbelt Protection Bill

   — we draw to the attention of each House the risk that the power to issue notices under proposed new sections 215A and 215B of the Town and Country Planning Act 1990 relating to unauthorised development could give rise to a violation of ECHR Article 6.1 because of the absence of a hearing by an independent and impartial tribunal, and we recommend that provision for such a hearing or hearings should be added to the Bill, along the lines of that contained in sections 217 and 218 of the Town and Country Planning Act 1990 (paragraphs 50-51, above).".

Amendment proposed, to leave out lines 3 and 4.—(Mr Kevin McNamara MP.)

Question put, That the Amendment be made.

The Committee divided:

Content, 1

Mr Kevin McNamara MP






Not Content, 7

Jean Corston MP

Lord Lester of Herne Hill

Baroness Perry of Southwark

Baroness Prashar

Mr Richard Shepherd MP

Baroness Whitaker

Mr Shaun Woodward MP

Paragraph 57 agreed to.

Paragraph 58 read and agreed to.

Resolved, That the Report be the Eighth Report of the Committee to each House.

Ordered, That certain papers be appended to the Report.

Ordered, That the Chairman do make the Report to the House of Commons and that Baroness Prashar do make the Report to the House of Lords.

  [Adjourned till Monday 28 April 2003 at half past Four o'clock.


 
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Prepared 11 April 2003