Wales Bill

Explanatory Notes

Compatibility with the European Convention on Human Rights

683 The Secretary of State for Wales has made a statement under section 19(1)(a) of the Human Rights Act 1998 that, in his view, the provisions of the Wales Bill are compatible with the Convention rights, on introduction of the Bill in the Commons.

684 Provisions of the Wales Bill will not engage any ECHR rights. Although the Bill changes the basis of the Assembly’s legislative competence, no change is being made to the restriction which currently applies on the Assembly making legislation that is incompatible with the Convention rights. The restriction contained in section 108(6)(c) of the Government of Wales Act 2006 (referred to in this note as "the 2006 Act") is being re-enacted in new section 108A(2)(e) of that Act.

685 The Bill will transfer to Welsh Ministers certain powers to make delegated legislation. However, no modification is proposed to section 81 of the 2006 Act which provides that the Welsh Ministers have no power to make any subordinate legislation or do any other act so far as the legislation or act is incompatible with any of the Convention rights.

 

Prepared 14th June 2016