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The Terrorism Act 2000 (Remedial) Order 2011, an urgent remedial order concerning exceptional counter-terrorism powers to stop and search without reasonable suspicion was made by the Home Secretary on 17 March 2011 and came into force on 18 March 2011. The purpose of the Order is to remove the incompatibility of the current statutory powers to stop and search without reasonable suspicion (in sections 44 to 46 of the Terrorism Act 2000) with the right to respect the private life in Article 8 of the European Convention on Human Rights ("ECHR"). The Joint Committee on Human Rights accepts the necessity of introducing a replacement stop and search power and agree with the Government there are compelling reasons for using the remedial order procedure. It does provide for much greater parliamentary scrutiny, but the Committee does recommend that the Government provides more detailed evidence of the sorts of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. Without such detailed scrutiny it is difficult for the Committee to reach a view as to the appropriateness of proceeding by urgent remedial order. The Committee also recommends that the Order be replaced with a new Order modifying the provisions and removing the incompatibility identified by the ECHR.
Relates to draft statutory instrument (ISBN 9780111500644) issued 27 July 2010
On cover and title page: House, committees of the whole House, general committees and select committees
The Armed Forces Bill published as HCB 122 10/11 (ISBN 9780215557469)
A draft of the proposed instrument is available separately (ISBN 9780111521403 ). An earlier report on this subject published as HL 200/HC 1549, session 2010-12 (ISBN 9780108473791)
A draft of the proposed instrument is available separately (ISBN 9780111512357 )
The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.
Recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. House of Commons papers 303 2007-08.
Government response to HL 257/HC 1074, session 2010-12 (ISBN 9780108475320)
Endorses appointment of Baroness O'Neill as chair of the Equality and Human Rights Commission