| The Joint Committee on Human Rights examines every Bill presented to Parliament. With Government Bills its starting point is the statement made by the Minister under section 19 of the Human Rights Act 1998 in respect of its compliance with Convention rights as defined in that Act. However, it also has regard to the provisions of other international human rights instruments to which the UK is a signatory.
The Committee does not in general publish separate reports on each Bill which raises human rights questions, but publishes regular progress reports on its scrutiny of Bills, setting out any initial concerns it has about Bills it has examined and, subsequently, the Government's responses to these concerns and any further observations it may have on these responses.
In this Report, the Committee's eighth scrutiny of Bills progress report of the 2003-04 Session, the Committee draws the special attention of each House to three Bills, one Act and two draft Bills.
In relation to the Hunting Bill
The Committee revisits the question of compensation for deprivation of contractual rights in light of the Government's response to the concerns expressed by the Committee in its earlier report and the Commons suggested amendment to the Bill.
It concludes that the delay in the commencement of the ban on hunting with dogs, proposed in the Commons suggested Amendment, meets the concern expressed in its earlier Report. The absence of a scheme for compensation is therefore unlikely to give rise to any incompatibility with Article 1 Protocol 1.
In relation to the Civil Partnership Bill
The Committee welcomes the Government's announcement that registered same-sex couples will be treated in the same way as married couples in relation to survivor pensions, which meets the concern it expressed on this issue in its earlier report. The Committee also publishes the Government's letter responding to the Committee's questions. Although that letter was superseded by the Government's announcement in relation to survivor pensions, the Committee sets out, for the record, the reasons why in the Committee's view the Government's reasoning in its letter is wrong as a matter of human rights and discrimination law.
In relation to the Housing Bill
The Committee welcomes the amendments made to the Bill in light of the concerns raised in the Eighth and Tenth Reports. The amendments deal with the duty to give reasons for pursuit of enforcement action, and safeguards in the exercise of investigatory powers. The Report also appends the Committee's letter to the Office of the Deputy Prime Minister regarding the incompatibility identified by the European Court of Human Rights in Connors v UK, and suggesting that this could be rectified in the Housing Bill.
In relation to the Employment Relations Act
The Committee welcomes the Government amendments at Third Reading in the Lords relating to employers offering incentives to employees with the main purpose of ensuring their terms of employment are not covered by collective agreement. It publishes the recent letter from the Minister.
In relation to the Draft Charities Bill
The Committee considers the impact on Convention rights of the imposition of a "public benefit" test for charitable status on organisations with an educational or religious purpose. The Committee concludes that the Draft Bill is unlikely to raise difficulties of compliance with Article 2 of Protocol 1 (the right to education), but suggest that guidelines under the legislation should make clear that the test of "public benefit" must be applied in accordance with these rights. The Committee also considers the consequences of the Draft Bill for the Article 9 right of freedom of thought, conscience or religion. The report concludes that Article 9 compliance could best be supported by including the advancement of non-religious, as well as religious, beliefs as an express charitable purpose under clause 2 of the Draft Bill.
In relation to the Draft School Transport Bill
The Committee publishes and responds to the Government's response to its recommendation in its earlier report that the DfES issue clear guidance to LEAs in relation to the need not to discriminate in the provision of school transport.
The Committee welcomes the Government's constructive response and, with one reservation concerning cost as a justification for discrimination to which it may be necessary for the Committee to return, is satisfied that the revised guidance in the prospectus which will accompany the Bill adequately meets the concerns raised in its earlier report.
The Committee expresses its concern that current guidance on school transport is now very outdated and positively misleading in light of the Government's acceptance of the points made in the Committee's earlier report. It recommends that the Government amend the existing guidance so as to include specific guidance on non-discrimination which reflects accurately the position accepted as legally correct by the Department.
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