Proposal for a draft Human Rights Act 1998 (Remedial) Order 2019 Contents


Committee information


1 Introduction

The Issue that the proposed draft Order addresses

Role of the Joint Committee on Human Rights

Matters for consideration

Legislative context

Litigation history

2 Procedural Requirements

Compelling Reasons and Use of the Remedial Power

Use of the Non-Urgent Procedure

3 Does the proposed Order address the incompatibility & does the proposed Order omit additional provisions which it should have contained

Can the HRA be considered to give sufficient effect to Article 13 ECHR: Is there an effective remedy available in the UK to enforce the human rights of those whose rights have been breached by a judicial act done in good faith?

Is the balance correctly struck between judicial immunity and the protection of human rights?

Is the remedial power used correctly: Does the proposed draft Order omit provisions it should have contained?

Conclusions and recommendations

Appendix 1: Letter from the Chair to Parliamentary Under-Secretary of State for Justice

Appendix 2: Response from the Parliamentary Under-Secretary of State for Justice

Declaration of Interests

Formal minutes

Published written evidence

List of Reports from the Committee during the current Parliament

Published: 21 November 2018