Yes, and in answer to the amendment that was tabled but not selected, Ministers are obliged to act in accordance with our ECHR obligations. Throughout this process, we have a legal duty under the Human Rights Act 1998 to act compatibly with convention rights, including article 1 of the 13th protocol, which was incorporated in schedule 1 to the Human Rights Acts 1998 through the Human Rights Act (Amendment) Order 2004. Were Ministers to act unlawfully in making subordinate legislation under subsection 5(b) which was incompatible with the convention rights, it would be open to the courts to strike down that legislation by applying ordinary public law principles.
Crime (Overseas Production Orders) Bill [Lords]
Proceeding contribution from
Ben Wallace
(Conservative)
in the House of Commons on Wednesday, 30 January 2019.
It occurred during Debate on bills on Crime (Overseas Production Orders) Bill [Lords].
Type
Proceeding contribution
Reference
653 c857 
Session
2017-19
Chamber / Committee
House of Commons chamber
Subjects
Librarians' tools
Timestamp
2020-04-14 11:20:25 +0100
URI
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