European Union (Approvals) Bill

Explanatory Notes

Compatibility with the European Convention on Human Rights

32 The Department for Business, Energy and Industrial Strategy and the Ministry of Justice do not consider that the FRA provisions engage the Convention rights. Accordingly, no issues arise as to the compatibility of the Bill with those rights.

33 The Canada Agreement engages Article 8 (right to private life and family life) as information exchanged between EU and Canada under the Canada Agreement may contain personal data. However, the Canada Agreement provides safeguards for the processing of personal data. The Canada Agreement requires each of the parties to the Agreement to handle personal information in conformity with its own procedural rights and privileges for personal data (which themselves must be Article 8 compliant). We therefore assess the Canada Agreement to be compatible with Article 8 and the ECHR.

34 Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions in the Bill with the Convention rights (as defined by section 1 of that Act).

35 The Parliamentary Under Secretary of State, Lord Prior of Brampton, has made the following statement:

"In my view the provisions of the European Union (Approvals) Bill are compatible with the Convention rights."

 

Prepared 11th October 2017