Joint Committee On Human Rights - Fourth Report
Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 12 January 2005.
Contents
Terms of Reference
Report
Summary
Bills drawn to the special attention of both Houses
1
Serious Organised Crime and Police Bill
SOCA and the gathering, storage, use and
disclosure of information (clauses 3, 31-34)
The effect of the Bill
The human rights implications
The Explanatory Notes
Interference with the right
"In accordance with the law"
Legitimate aim
Necessity of the interference
Special powers of designated members of SOCA
staff
Financial reporting orders
Police Powers etc
Extended powers to arrest
Directing people to leave places which they
are prohibited, by an order made under an enactment, from entering
Broadening the power to issue search warrants.
Powers of stop and search in respect of fireworks
Photographs, fingerprints and footwear impressions
Intimate samples
New powers for civilian employees of police
forces
Public Order in Public Places etc.
Harassment
Stirring up religious hatred
Entering a designated site as a trespasser,
and police powers in the vicinity of Parliament
Anti-social behaviour
2
Inquiries Bill
The Purpose of the Bill
The Human Rights Implications of the Bill
Article 2 ECHR
Independence
An effective inquiry
Promptness and Reasonable Expedition
Other human rights issues
Inquiries involving freedom from inhuman
and degrading treatment: Article 3 ECHR
Powers of the Inquiry: Article 8
Limitation period for judicial review
3
International Organisations Bill
The Effect of the Bill
The Human Rights Implications of the Bill
4
Mental Capacity Bill
Involuntary placement
The Bournewood gap
Withholding or withdrawing life-sustaining
treatment
The nature of our concerns
Advance decisions to refuse treatment
Withdrawal of life-sustaining treatment where
no advance directive
Research (clauses 30-33)
Background
The "no alternative" criterion
The nature of the benefit
The nature of the risk of harm
The competent body
Bills not requiring to be brought to the attention
of either House on human rights grounds
Bills that raise no significant risk of incompatibility
5
School Transport Bill
Government responses to previous Committee
Reports
7
Nationality, Immigration and Asylum Act 2002 (Specification of
Particularly Serious Crimes) Order 2004
8
Draft Criminal Justice Act 2003 (Categories of Offences) Order
2004
Formal Minutes
Appendices
Appendix 1: Serious Organised Crime and Police
Bill
1a. Letter from the Chair to Rt Hon
Charles Clarke, Secretary of State for the Home Department
1b. Submission from the British Humanist
Association
Appendix 2: Inquiries Bill
2a. Letter from the Chair to Rt Hon
Lord Falconer of Thoroton QC, Secretary of State for Constitutional
Affairs and Lord Chancellor
2b. Submission from British Irish Rights
Watch
Appendix 3: International Organisations Bill
Letter from the Chair to Baroness Symons of Vernon
Dean, Minister of State for the Middle East, Foreign and Commonwealth
Office
Appendix 4: Mental Capacity Bill
Letter from Baroness Ashton of Upholland to the Chair
Appendix 5: Children Act
Government Response to the Joint Committee on Human
Rights Nineteenth Report of Session 2003-04
Appendix 6: Nationality, Immigration and
Asylum Act 2002 (Specification of Particularly Serious Crimes
Order) 2004
Letter from Des Browne MP, Minister of State, Home
Office, to the Chair
Appendix 7: Criminal Justice Act 2003 (Categories
of Offences) Order 2004
Letter from Rt Hon Baroness Scotland of Asthal QC,
Minister of State, Home Office to the Chair
Public Bills Reported on by the Committee
(Session 2004-05)
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