Draft Human Rights Act 1998 (Remedial) Order: Judicial Immunity: Second Report Contents

Contents

Summary

1 Introduction

Background

The right to an effective remedy

The caselaw—Hammerton v United Kingdom

Judicial immunity and s. 9(3) Human Rights Act 1998

Remedial Order procedure

The Government’s original proposal

The revised draft Order

The role of the Committee

2 The Government’s response to the Committee’s First Report on the proposal for a draft Order

Procedural requirements

Further information sought on the scale of the incompatibility

The revised draft Order

Drafting and Technical Issues

Drafting

Vires

Does the draft Order remedy the incompatibility?

Conclusions and recommendation

Annex: Exchange of letters with the Parliamentary-Under Secretary of State for Justice

Lords Declaration of Interests

List of of Reports from the Committee during the current Parliament




Published: 20 March 2020