Constitutional Reform and Governance Bill

May I say what a pleasure it is be here, Sir Michael, and to speak to amendments 90 and 91 and new clause 43 in the name of my right hon. Friend the Justice Secretary? Clause 33 deals with human rights claims brought against Northern Ireland Ministers and Departments. Clause 34 deals with claims brought against Welsh Ministers. The original clauses 33 and 34 define the rules that could impose a stricter limit of less than a year by reference to section 7(9) of the Human Rights Act 1998. However, after further discussion with the devolved Administrations and further consideration of the issue, we now think that it would be better to adopt a different approach to the definition and to link the meaning of "rule" more directly to section 7(5). That will make it clear that the rules under which a case can be brought will be identical as between the two regimes, and there is a direct reference to the specific provision in the Human Rights Act that gives rise to the time limit. We have therefore tabled amendments 90 and 91 to clauses 33 and 34 to provide that "rule" should have the same meaning as is given to the same word in section 7(5) of the Human Rights Act, thereby providing a link with the rules, which, for the purpose of that section, also impose a stricter time limit, and ensuring that the relevant time limits under the Human Rights Act and the devolution settlements keep pace with each other. New clause 43 deals with human rights claims brought against Scottish Ministers. I will now explain why that did not form part of the Bill. As Members will be aware, the provision arises out of the consequences of the House of Lords judgment in the Somerville case, which were more pressing in Scotland as Scottish Ministers are responsible for prisons—unlike Ministers in other devolved Administrations. Unlike other jurisdictions in the UK, there is no time limit in judicial review proceedings to act as an alternative, shorter, time limit to the one year. The Somerville case prompted a large number of claims concerning the segregation of prisoners in Scotland, so it was important to achieve clarity on the matter as rapidly as possible. As part of the agreement reached, after full discussion, with the Scottish Executive, an order was approved by this Parliament before the recess under section 30(2) of the Scotland Act 1998 to provide the Scottish Parliament with the competence to amend the Scotland Act to insert a one-year time bar for claims against Scottish Ministers. That was subject to the same power to extend the time limit in the interests of fairness and to any rule that might impose a shorter time limit. It was agreed that once the Scottish Parliament had amended the Scotland Act, the provisions of that legislation would be remade in UK legislation and the previous position on legislative competence would be restored to provide for a consistent approach across the United Kingdom. When the order under section 30 of the Scotland Act was debated, there was cross-party agreement that that was a necessary measure. The views of the Calman commission were formally sought in advance, and it agreed with our approach. It should also be noted that the section 30(2) order, which was the first piece of the legislative solution, was passed unopposed in both the UK and Scottish Parliaments. Emergency legislation was passed in the Scottish Parliament, but it did not receive Royal Assent until 23 July, after the Bill had been introduced. It therefore was not possible to include provision for Scotland on the Bill's introduction. New clause 43 imports the provision made in the Act of the Scottish Parliament, which inserted a one-year time limit to convention-based claims brought against Scottish Ministers under the Scotland Act. It also extends that provision to such claims brought anywhere in the United Kingdom, ensuring that the protection afforded in all three clauses is United Kingdom-wide. As in the amended clauses 33 and 34, the time limit is subject to a power available to the courts to extend it on equitable grounds, and it is subject to any rule imposing a stricter time limit in the proceedings in question. As in clauses 33 and 34, the Scottish amendment provides that that "rule" should have the same meaning as is given to the same word in section 7(5) of the Human Rights Act. The amendment dealing with claims against Scottish Ministers will, in line with the terms of the agreement made with Scottish Ministers, preserve the effect of the provisions of the Act of the Scottish Parliament, but repeal that Act and the provision that gave the Scottish Parliament the power to make it, thereby restoring the previous position on legislative competence and maintaining a consistent approach across the United Kingdom. The amendments are part of an important package of measures to bring actions against the devolved Administrations under the devolution Acts broadly in line with the time limit set out in the Human Rights Act. I hope therefore that the Committee will accept amendments 90 and 91 and new clause 43.