UK Liberty

The work of the JCHR 2007-08 – recurring themes

Posted in control orders, database state, ID Cards, politicians on liberty by ukliberty on January 29, 2009

Their report can be found here.

I want to quote one section verbatim (so I shall), on Recurring Themes:

During our legislative scrutiny work we often comment positively that a particular provision is to be welcomed as a human rights enhancing measure. Examples during 2007-08 can be found at paragraph 19 above. Last year, however, we drew attention to a range of human rights compatibility issues which had arisen during scrutiny of a number of bills. The list bears repeating:

  • The adequacy of the safeguards contained on the face of Bills conferring powers to disclose, share or match personal information [E.g. Child Maintenance and Other Payments Bill, Health and Social Care Bill, Human Fertilisation and Embryology Bill, Housing and Regeneration Bill, Education and Skills Bill ];
  • Lack of clarity about whether private bodies are “public authorities” for the purposes of the Human Rights Act where Bills confer powers and functions on them [E.g. Health and Social Care Bill, Children and Young Persons Bill, Human Fertilisation and Embryology Bill, Housing and Regeneration Bill];
  • The adequacy of judicial and procedural safeguards to protect liberty [E.g. Counter-Terrorism Bill, Health and Social Care Bill, annual renewal of control orders, annual renewal of 28 days pre-charge detention];
  • The danger of discrimination in the operation of certain provisions [E.g. Housing and Regeneration Bill, annual renewal of control orders];
  • The right of access to a fair hearing before a court [E.g. Health and Social Care Bill, annual renewal of control orders, annual renewal of 28 days pre-charge detention];
  • The adequacy of safeguards against powers to search the person or property [E.g. Education and Skills Bill];
  • The adequacy of procedural safeguards on preventative orders [E.g. annual renewal of control orders, Criminal Justice and Immigration Bill (Violent Offender Orders)];
  • The adequacy of the powers and independence of human rights institutions [E.g. Criminal Justice and Immigration Bill];
  • The adequacy of protection for children and young persons [E.g. Criminal Justice and Immigration Bill, Children and Young Persons Bill, Secure Training Centre (Amendment) Rules, Education and Skills Bill].
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