UK Parliament / Open data

Personal Care at Home Bill

My Lords, I am grateful to the Minister for his reply. He is correct; the Bill is compatible with the convention, but for the simple reason that it contains very little. The regulations may well be compatible prior to their implementation. What is in question is whether the Bill and the regulations, in their implementation, will breach the convention because of the unintended consequences that may ensue. The Minister is right to advise the Committee that the European Court of Human Rights has been reluctant to intervene in social policy. However, I am advised that a legal challenge that is based on the relevant articles of the convention might well engage the Court’s attention, should the effect of the Bill, contrary to intention, prove to be disproportionate. This question must hang in the air, and we shall all be very interested to read what the Joint Committee says. I am a little sorry that the Minister could not answer his noble friend Lord Lipsey categorically, because, should the committee report adversely, the Government would have every case for withholding any further action on this Bill, although that may be unlikely in the circumstances. We can, however, take comfort from the fact that the Government are committed to reviewing the workings of the Act within 12 to 18 months, which will give us the opportunity to look at these matters further. With that, I beg leave to withdraw the amendment. Amendment 36 withdrawn. Amendments 37 to 43 not moved. Clause 1 agreed. Amendment 44 not moved. Clause 2 : Extent and short title Clause 2 : Extent and short title Amendments 45 to 47 not moved. Clause 2 agreed. Bill reported without amendment.
Type
Proceeding contribution
Reference
717 c1216-7 
Session
2009-10
Chamber / Committee
House of Lords chamber
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