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Legislative Scrutiny : 1) Child Maintenance and Other Payments Bill; 2) other bills, third report of session 2007-08, report, together with formal minutes and Appendices
In the UK's institutional arrangements for protecting human rights, both Parliament and the judiciary have a central role. When the courts give a judgement finding that a law, policy or practice is in breach of human rights, it is for Parliament to scrutinise the adequacy of the Government's response and in some cases decide if there needs to be a change in law. An important part of the role of the Committee is to help Parliament in this function. This report brings together all their monitoring work in relation to both judgements of the European Court of Human Rights and declarations of incompatibility given by UK courts under the Human Rights Act.
This is the Committee's second annual report monitoring the Government's response to human rights judgments in the European Court of Human Rights. The Committee criticises the Government for its failure to respond to many of its recommendations in its previous report (17th report session 2006-07, HL 128/HC 728, ISBN 9780104011065). The Committee believes the Government should take a consistent and transparent approach across departments to the way in which it responds to declarations of incompatibility and judgments fro the European Court, with the Ministry of Justice co-ordinating the response to adverse judgments. This report also examines a number of issues arising from outstanding judgments: access to artificial insemination for prisoners and their partners; controlling membership of trade union; prisoners' voting rights; investigations into cases involving the use of lethal force; security of tenure for gypsies and travellers, and the corporal punishment of children.
In this report the Committee 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. It also calls on the Government to implement recommendations in its earlier report on the human rights of older people in health care (HL 156-I/HC 378-I, session 2006-07, ISBN 9780104011447). The Committee's concerns arise from the meaning of "public function" and "public authority" in the Human Rights Act. It believes it was clear that Parliament intended the Act's requirement of public authorities to act compatibly with the European Convention on Human Rights to cover private-sector providers of publicly-funded services, and is disappointed that the Government has deferred a decision on a new statute to reinstate the original intention of the Act.