| 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 which bind the UK.
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. The aim is to complete the cycle of consideration of a Bill before its second reading in the second House.
In this Report, the Committee's third progress report on its scrutiny of Bills in the 2003-04 Session, the Committee draws the special attention of each House to the human rights implications of one Government Bill on which it has not previously commented, the Housing Bill, and four Government Bills which have been discussed in earlier reports: the Civil Contingencies Bill, the Employment Relations Bill, the European Parliamentary and Local Elections (Pilots) Bill and the Planning and Compulsory Purchase Bill. It also considers the responses it has received to questions it raised with the Promoters of two Private Bills: the Ipswich Market Bill and the Medway Council Bill.
In relation to the Civil Contingencies Bill:
The Committee welcomes an amendment to the Bill proposed by the Government to improve the safeguards for Convention rights in respect of regulations made under clause 21 of the Bill, but remains concerned that clause 21(3) of the Bill could be interpreted as allowing regulations to be made which would relieve public authorities of their duty under section 6 of the Human Rights Act to act compatibly with Convention rights (section 1).
In relation to the Employment Relations Bill:
The Committee considers that the drafting of a new clause proposed by the Government, dealing with the expulsion or exclusion of trade union members, risks undermining the right to be a member of a political party, and needs to be more narrowly drawn in order to ensure that any interference with the rights to freedom of expression and assembly would be necessary, would advance a legitimate aim, and would be non-discriminatory (section 2).
In relation to the European Parliamentary and Local Elections (Pilots) Bill:
The Committee concludes that there is no clear evidence that the innovative voting methods to be piloted under the provisions of the Bill would lead to a violation of the right to a secret ballot under Article 3 of Protocol No. 1 to the ECHR; that the piloted voting methods are unlikely to be discriminatory between people voting in different points of the country or against people with disabilities in their enjoyment of that right; and that the provision of polling information to third parties under the pilot schemes could be compatible with the right to respect for private life and the home under Article 8 ECHR (section 3).
In relation to the Housing Bill:
The Committee draws the attention of each House to concerns it has about the implications for the protection of rights under Article 6.1 (fair hearing), Article 8 (respect for private life and the home) and Article 1 of Protocol No. 1 (protection of property)—
of the provisions allowing local housing authorities to take enforcement action under chapter 1 of the Bill (paragraphs 4.6 to 4.16);
of not allowing persons applying for licences under Parts 2 and 3 of the Bill to have the opportunity to refute allegations made against them under the provisions of clauses 65 and 86 (paragraphs 4.17 to 4.21);
in relation to safeguards on the disclosure of information required to be included in home information packs (paragraphs 4.22 and 4.23)
in relation to the duty of registered social landlords with respect to information they receive under the provisions of section 115 of the Crime and Disorder Act 1998 (paragraph 4.24);
in relation to the powers proposed to be granted to local housing authorities under clause 195 to require the provision of certain types of information (paragraphs 4.25 to 4.28); and
in relation to powers of entry proposed to be given to local housing authorities under clause 199 of the Bill (paragraphs 4.29 to 4.35).
In relation to the Planning and Compulsory Purchase Bill:
The Committee expresses its serious doubts as to whether new provisions introduced to the Bill by the Government at its report stage in the House of Lords, in relation to the issuing of temporary stop notices by local planning authorities, are compatible with Article 1 of Protocol No. 1 of the Convention (protection of property) taken together with Article 14 (prohibition of discrimination) (section5).
In relation to the Ipswich Market Bill:
The Committee concludes, in the light of responses received from the Promoters of the Bill to questions it had raised, that the Bill would be likely to engage the rights of residents affected by the enlarged market to respect for their homes and private lives, but that any interference with these rights is likely to be justifiable (section 6).
In relation to the Medway Council Bill:
The Committee welcomes, in the light of responses received from the Promoters of the Bill to questions it had raised, a number of changes the Promoters intend to make to the Bill in order better to safeguard Convention rights, and draws the attention of the Unopposed Bills Committee to the implications for the rights of "pedlars" under Article 1 of Protocol No. 1 to the Convention of certain provisions of the Bill (section 7).
In sections 8, 9 and 10 of the Report, the Committee lists a number of Government and Private Members' Bills, and a draft Bill, which it considers do not at this stage require to be drawn to the attention of either House on human rights grounds.
It draws particular attention to the Human Rights Act 1998 (Making of Remedial Orders) Amendment Bill [HL], introduced into the House of Lords by Lord Lester of Herne Hill on behalf of the Committee (paragraph 9.2).
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