Joint Committee On Human Rights - Sixteenth Report
Here you can browse the report which was ordered by the House of Lords and the House of Commons to be printed 18 June 2007.
CONTENTS
Terms of Reference
REPORT
1 PARLIAMENT'S ROLE IN RELATION
TO COURT JUDGMENTS ON HUMAN RIGHTS
Judgments of the European Court of Human
Rights
Judgments declaring incompatibility under
the Human Rights Act
Our methodology
2 THE IMPORTANCE OF NATIONAL
IMPLEMENTATION MEASURES
3 ISSUES MONITORED BY THE COMMITTEE
Recent Judgments against the UK
(1) Lack of a remedy for negligent breaches
of privacy
(2) Trials of civilians by military tribunals
(3) Adequacy of judicial review
Issues previously monitored
(1) Imprisonment for non-payment of fines/debts
(2) Prisoner voting
(3) Transfer of prisoners
(4) Binding over orders
(5) Limits on the right to marry
(6) Access to information
(7) Delay in criminal proceedings
Delays in implementation
(1) Investigation of use of lethal force
(2) Adverse inferences from silence
(3) Corporal punishment of children
(4) Security of tenure for Gypsies
(5) Consent to medical treatment
(6) Rights of the mentally ill
4 DECLARATIONS OF INCOMPATIBILITY
Is a declaration of incompatibility an effective
remedy?
Issues monitored by the Committee
(1) Appointment and Removal of Nearest
Relative
(2) Discrimination in access to social housing
(3) Nationality and religious discrimination
in sham marriages regime
(4) Nationality discrimination in early release
of prisoners
(5) Prisoner voting
5 OBSTACLES TO EFFECTIVE IMPLEMENTATION
Delays in implementation
Non-retrospective application of the Human
Rights Act
Re-opening proceedings following judgments
of the ECtHR
Overcoming systemic obstacles
ANNEX 1
The Importance of Domestic Implementation
Measures: Council of Europe Activities
FORMAL MINUTES
APPENDICES
APPENDIX 1: Letter dated
23 January 2007 to The Rt Hon Lord Falconer of Thoroton QC, Secretary
of State and Lord Chancellor, Department for Constitutional Affairs
APPENDIX 2: Letter dated 17 May 2007
from Lord Falconer of Thoroton QC, Secretary of State and Lord
Chancellor, Department for Constitutional Affairs
APPENDIX 3: Letter dated 23 January
2007 to The Rt Hon. John Reid MP, Secretary of State for the Home
Department, Home Office, re Implementation of Judgments of the
European Court of Human Rights
APPENDIX 4: Letter dated 10 May 2007
from Liam Byrne MP, Minister of State, Home Office, re. Implementation
of Judgments of the European Court of Human Rights
APPENDIX 5: Letter dated 23 January
2007 to The Rt Hon. Lord Falconer of Thoroton QC, Secretary of
State and Lord Chancellor, Department for Constitutional Affairs
APPENDIX 6: Letter dated 14 March
from The Rt Hon. Lord Falconer of Thoroton QC, Secretary of State
and Lord Chancellor, Department for Constitutional Affairs
APPENDIX 7: Letter dated 23 January
2007 to The Rt Hon. Adam Ingram MP, Minister of State for the
Armed Forces, re Martin v United Kingdom
APPENDIX 8: Letter dated 22 January
2007 from Derek Twigg MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans, Ministry of Defence
APPENDIX 9: Information Note prepared
for the Committee of Ministers by the Ministry of Defence, on
Martin v United Kingdom Application No. 40426/98 for 3-4
April meeting
APPENDIX 10: Letter dated 23 January
2007 to The Rt Hon. Lord Falconer of Thoroton QC, Secretary of
State and Lord Chancellor, Department for Constitutional Affairs
APPENDIX 11: Letter dated 16 June
2006 from John Hirst, re Hirst v UK (No.2)
APPENDIX 12: Letter dated 2 February
2007 to The Rt Hon. Lord Falconer of Thoroton QC, Secretary of
State and Lord Chancellor, Department for Constitutional Affairs,
re William Smith v Electoral Registration Officer
APPENDIX 13: Letter dated 27 March
from the Rt Hon Lord Falconer of Thoroton QC, Secretary of State
and Lord Chancellor, Department for Constitutional Affairs, re
Implementation of judgments of the European Court of Human Rights,
Human Rights Act: Declarations of Incompatibility, William
Scott v Electoral Registration Officer
APPENDIX 14: Memorandum dated 16 March
2007 from Liberty, re Implementation of Judgments of the European
Court of Human Rights and Declarations of Incompatibility
APPENDIX 15: Letter dated 23 January
2007 to The Rt Hon. John Reid MP, Secretary of State for the Home
Department
APPENDIX 16: Letter dated 20 February
2007 from Gerry Sutcliffe MP, Parliamentary Under-Secretary of
State, Home Office, re Recent Judgments of the European Court
of Human Rights
APPENDIX 17: Letter dated 30 May 2007
from Lord Falconer of Thoroton QC, Secretary of State and Lord
Chancellor, Department for Constitutional Affairs
APPENDIX 18: Letter dated 12 July
2006 from Tom Watson MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans, to the Chairman
APPENDIX 19: Letter dated 23 January
2007 to Tom Watson MP, Parliamentary Under-Secretary for Defence
and Minister for Veterans, Ministry of Defence, re Roche v
UK
APPENDIX 20: Letter dated 25 January
2007 from Derek Twigg MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans, Ministry of Defence
APPENDIX 20a: Letter dated 8 February
2007 to Derek Twigg MP, Parliamentary Under-Secretary for Defence
and Minister for Veterans, Ministry of Defence, re Roche v UK
APPENDIX 20b: Letter dated 28 February
2007 from Derek Twigg MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans, Ministry of Defence
APPENDIX 20c: Letter dated 13 March
2007 to Derek Twigg MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans, Ministry of Defence, re
Roche v UK
APPENDIX 20d: Letter dated 27 March
2007 from Derek Twigg MP, Parliamentary Under-Secretary of State
for Defence and Minister for Veterans
APPENDIX 21: Memorandum dated 15 March
2007 from the British Irish Rights Watch
APPENDIX 22: Letter dated 14 March
2007 from the Committee on the Administration of Justice (CAJ),
re Implementation of Judgments of the European Court of Human
Rights and Declarations of Incompatibility
APPENDIX 23: Letter dated 26 February
2007 from The Rt Hon Harriet Harman QC MP, Minister of State,
Department for Constitutional Affairs
APPENDIX 24: Note from the Coroners
Service for Northern Ireland
APPENDIX 25: Letter dated 23 January
2007 to The Rt Hon. David Hanson MP, Minister of State for Northern
Ireland, Northern Ireland Office, re John Murray v United Kingdom
APPENDIX 26: Letter dated 14 February
2007 from The Rt Hon David Hanson MP, Minister of State for Northern
Ireland, Northern Ireland Office, re John Murray v United Kingdom
in Northern Ireland
APPENDIX 27: Letter dated 23 January
2007 to Yvette Cooper MP, Minister for Housing and Planning, Department
for Communities and Local Government, re Connors v United Kingdom
APPENDIX 28: Letter dated 26 March
2007 from Meg Munn MP, Parliamentary Under-Secretary of State,
Department for Communities and Local Government, re Connors
v United Kingdom
APPENDIX 29: Memorandum dated 12 March
2007 from the Housing Law Practitioners Association, re Implementation
of Judgments of the European Court of Human Rights and Declarations
of Incompatibility
APPENDIX 30: Letter dated 23 January
2007 to The Rt Hon. Rosie Winterton MP, Minister of State for
Health Services, Department of Health, re Glass v United Kingdom
APPENDIX 31: Letter dated 2 March
2007 from The Rt Hon. Rosie Winterton MP, Minister of State for
Health Services, Department of Health, re Glass v United Kingdom
APPENDIX 32: Letter dated 1 May 2007
from Tom Strickland, Private Secretary to the Rt Hon. Rosie Winterton
MP, Department of Health re Mental Capacity Act
APPENDIX 33: Letter dated 4 January
2006 from the Office of the Solicitor, re Declaration of Incompatibility
- Section 82(4)(b) of the Care Standards Act 2000. R (on
the application of Wright and others) v Secretary of State for
Health [2006] EWHC 2886 (Admin), [2006] All ER (D) 216 (NOV)
APPENDIX 34: Letter
dated 23 January 2007 to The Rt Hon. Lord Falconer of Thoroton
QC, Secretary of State and Lord Chancellor, Department for Constitutional
Affairs, re Human Rights Act: Declaration of Incompatibility
APPENDIX 34a: Letter dated 17 May
2007 from Lord Falconer of Thoroton QC, Secretary of State and
Lord Chancellor, Department for Constitutional Affairs
APPENDIX 35: Letter dated 11 October
2006 from Fiona Woolf CBE, President of The Law Society
APPENDIX 36: Letter dated 29 June
2006 from Vivien Gambling, Chairman of the Housing Law Practitioners
Association
APPENDIX 37: Letter dated 23 January
2007 to Yvette Cooper MP, Minister for Housing and Planning, Department
for Communities and Local Government, re Human Rights Act: Declarations
of Incompatibility
APPENDIX 38: Letter dated 27 February
2007 from Yvette Cooper MP, Minister for Housing and Planning,
Department for Communities and Local Government, re Human Rights
Act: Declarations of Incompatibility
APPENDIX 39: Letter dated 22 March
2007 to Yvette Cooper MP, Minister for Housing and Planning, Department
for Communities and Local Government, re Morris v Westminster
City Council, Gabaj v First Secretary of State
APPENDIX 40: Letter dated 13 April
2007 from Yvette Cooper MP, Minister for Housing and Planning,
Department for Communities and Local Government,re Morris v
Westminster City Council, Gabaj v First Secretary of State
APPENDIX 41: Letter dated 23 January
2007 to The Rt Hon. John Reid MP, Secretary of State for the Home
Department, re Human Rights Act: Declarations of Incompatibility
APPENDIX 42: Letter from the Chairman
dated 19 June 2007 to The Rt Hon. Lord Falconer of Thoroton QC,
Secretary of State for Justice re Declarations of Incompatibility:
R (Clift) v Secretary of State for the Home Department;
Secretary of State for the Home Department v Hindawi and Another
[2006] UKHL 54
REPORTS FROM THE JOINT COMMITTEE ON HUMAN
RIGHTS IN THIS PARLIAMENT
| 
