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
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).