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Human Rights

Volume 706: debated on Wednesday 21 January 2009

Questions

Asked by

To ask Her Majesty's Government whether they intend to repeal Sections 14 and 16 of the Human Rights Act 1998 and replace them with a precondition that a state of emergency must be declared by Parliament in order to derogate from certain human rights; and, if so, whether they will permit any person or body to challenge such a state of emergency in court. [HL536]

To ask Her Majesty's Government whether, in considering legislating for any rights in addition to those in the Human Rights Act 1998, they will introduce provisions for Parliament automatically to agree to legislate for human rights amendments promoted by a devolved Administration. [HL537]

To ask Her Majesty's Government whether they intend to repeal Section 22(6) of the Human Rights Act 1998. [HL541]

Asked by

To ask Her Majesty's Government in the context of the Human Rights Act 1998, what is a public function. [HL538]

Section 6(3)(b) of the Human Rights Act states that “public authority” includes “any person certain of whose functions are functions of a public nature”. The most recent judicial guidance on the interpretation of functions of a public nature in Section 6(3)(b) of the Human Rights Act was given by the Appellate Committee in the case of YL v Birmingham City Council and others [2007] UKHL 27. The specific circumstances of that case were addressed by the further provision in Section 145 of the Health and Social Care Act 2008, which is now in force.

Asked by

To ask Her Majesty's Government whether, in considering legislating for any rights in addition to those in the Human Rights Act 1998, they intend to permit any person or body to bring human rights claims in the courts. [HL539]

Any person or body that satisfies the conditions under Section 7 of the Human Rights Act—in particular being a “victim” for the purposes of Section 7(1)—may bring proceedings under that section of the Act.

Asked by

To ask Her Majesty's Government whether, in considering legislating for any rights in addition to those in the Human Rights Act 1998, they will extend human rights to legal, as opposed to natural, persons. [HL540]

Legal persons may already benefit from the convention rights in so far as it makes sense for them to do so. Section 7(7) of the Human Rights Act states that a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the European Convention on Human Rights if proceedings were brought in the European Court of Human Rights in respect of that unlawful act. Article 34 of the convention states that the European Court of Human Rights may receive applications from any person, from non-governmental organisations or from groups of individuals claiming to be the victim of a violation of the convention rights.