PRIVATE MEMBERS' BILLS RAISING NO
SPECIAL HUMAN RIGHTS QUESTIONS
93. In our view the following Private Members' Bills,
introduced into the House of Lords, raise no questions relating
to human rights requiring to be drawn to the special attention
of that House.
European Union (Implications of Withdrawal)[House
of Lords Bill 7]
Road Traffic (Amendment) Bill [HL Bill 13]
Voting Age (Reduction to 16) Bill [HL Bill 10 (Rev)]
Wild Mammals (Protection)(Amendment)[House of Lords Bill 6 (withdrawn)]
Wild Mammals (Protection) (Amendment) (No. 2)[HL Bill 11]
Private Bills
94. The Standing Orders of each House relating to
Private Bills were amended with effect from 27 November 2001 so
that Standing Orders 38(3) of the Commons and Lords now require
the memorandum attached to each Bill by the promoter to include
a statement of opinion as to compatibility with Convention rights.
Standing Order 169A of the Commons and 98A of the Lords require
a Minister to report on each such statement (by depositing a statement
in the Private Bill Office) immediately after First Reading.
95. We consider Private Bills, together with these
opinions and reports, in much the same manner as we do Government
Bills. So far, none of those we have examined in the current Session,
which are listed below, seems to us to raise significant human
rights questions requiring to be drawn to the attention of either
House.
Hereford Markets Bill
Transas Group Bill
52 See clause 143(4) Back
53
See Appendix 2 Back
54
See clause 264 and Sch. 11 to the Bill Back
55
Clause 262(1), (2) Back
56
Clause 262(3) Back
57
Clause 262(4) Back
58
See Appendix 2 Back
59
See Appendix 3 Back
60
(1999) 28 EHRR 361, Eur. Ct. H.R. Back
61
Home Office, Extradition: Consultation on Draft Legislation,
Cm. 5545 (London: TSO, 2002) Back
62
Twentieth Report of Session 2001-02, Draft Extradition Bill,
HL Paper 158, HC 1140 Back
63
ibid., para. 4 Back
64
We note that the House of Lords Select Committee on the European
Union drew attention to the implications of this in the context
of proposed offences of racism and xenophobia in its Twenty-ninth
Report of Session 2001-02, Combating Racism and Xenophobia:
Defining Criminal Offences in the EU, HL Paper 162, para.
5(iv) Back
65
See Appendix 8 Back
66
For example, the French courts refused to extradite David Shayler
to the UK to face charges under section 1 of the Official Secrets
Act 1989 on the ground that the offence alleged was political:
Mr. Shayler eventually returned of his own free will to face trial. Back
67
See paragraph 22 of the Report Back
68
Clauses 39, 117 Back
69
Clauses 185, 186 Back
70
Clauses 12, 79 Back
71
HL Bill 1-EN (London: TSO, 2002) Back
72
First Report of Session 2000-01, Criminal Justice and Police
Bill, HL Paper 69, HC 427 Back
73
ibid., paras. 31-32 Back
74
Licensing Act 1964, ss. 172, 172A Back
75
First Report of Session 2000-01, op cit., para. 32 Back
76
The Bill defines alcohol as spirits, wine, beer, cider or any
other fermented, distilled or spirituous liquor in a strength
exceeding 0.5%, other than perfume, certain flavouring essences,
alcohol in medicinal products, denatured alcohol, methyl alcohol,
naphtha, or alcohol in liqueur confectionery: clause 186 Back
77
Explanatory Notes, paras. 53-57, 124, 172, 195-197, 228-229,
258-259, 273 Back
78
Explanatory Notes, para. 230 Back
79
Submissions have been received from Graham Dixon; Ian Wheeler;
John Dipper; Keith Holloway; Raymond Sargent; Vivienne Hayes;
John Smedley; Glen Suarez, Meard & Dean Street Residents Association;
Richard Bridge, MacDonald Bridge Solicitors; Eric Twigger; Pete
McClelland, Hobgoblin Music; Russell Jones & Walker Solicitors,
on behalf of the Musicians Union; Neil Spooner; Three Choirs Festival
Association; Sheila Miller, H Bauer Publishing; and Naomi Wallace.
These are not published with this report. Back
80
Sch. 1, para. 2 Back
81
Sch. 1, para. 3 Back
82
Sch. 1, para. 1(1)(a), (2) Back
83
Sch. 1, para. 1(1)(b), (3). See also clause 1(1) and (4) Back
84
Explanatory Notes, para. 230 Back
85
See Appendix 11 Back
86
See Appendix 11 Back
87
[1993] AC 789, H.L. Back
88
Cp., mutatis mutandis, Herczegfalvy v. Austria,
Eur. Ct. H.R., Series A, No. 244, judgment of 24 September 1992,
15 EHRR 534 Back