8th Report - Proposal for a Remedial Order to amend the Human Rights Act 1998: Judicial Immunity

In our view, the power in section 10 can in principle be used to amend provisions such as section 9(3) of the Human Rights Act 1998 which are not integral to the mechanisms by which the Act gives effect to Convention rights in domestic law. We leave open whether, as …

The Committee agrees with the Government that it is appropriate to rectify the incompatibility as expeditiously as possible. Although Article 13 will only rarely require damages to be awarded as a result of judicial acts, it is undesirable that there should continue to be a legislative impediment to the award …

The Committee accepts that this is not a case where it would be appropriate to use the urgent procedure. (Conclusion, Paragraph 51)

Subject to our wider concerns about the approach taken by the order, the Department should address the specific drafting points that we have identified. (Recommendation, Paragraph 60) Does the proposed order address the incompatibility?

The Committee considers that, in the light of the judgments of the European Court of Human Rights in the Hammerton and SW cases, it cannot realistically be argued that section 9(3) would be compatible with Article 24 13 if it were amended in the very limited manner that the government …

It is not tenable to continue making piecemeal amendments to section 9(3) in response to the facts of individual cases. The remedial order should therefore be amended either to create principled exceptions to section 9(3), or to remove the provision in its entirety and make the necessary consequential changes. (Recommendation, …