This amendment deals with the factors that the court must have regard to when it considers whether or not to extend a limitation period under the Human Rights Act. The new Clause 7A(2) that the Bill would insert into the Human Rights Act states:
“The court or tribunal must have particular regard to ... the effect of the delay in bringing proceedings on the cogency of evidence adduced or likely to be adduced by the parties”.
More detail is then given before it says that the court or tribunal must also have regard to
“the likely impact of the proceedings on the mental health of any witness or potential witness who is ... a member of Her Majesty’s forces.”
Those factors would, no doubt, be considered in the ordinary course of the exercise of the discretion, irrespective of whether they were put into the Bill.
The wording in the Bill is “particular regard to”. Is it intended that these particular factors should be the main ones that the court has regard to, or is it intended to change the law in any way, in relation to the exercise of the discretion? I do not dispute that the factors that are set out would be relevant, but I think the drafting is unfortunate, and I would be interested to hear the Minister’s explanation of how he thinks it is intended that the exercise of the discretion will work.
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