Proceeding contribution from William Cash (Conservative) in the House of Commons on Wednesday, 9 November 2005. It occurred during Debate on bill on Terrorism Bill.
Terrorism Bill
I wish to make a few simple points about the relationship between the Bill and the Human Rights Act 1998. The Leader of the Opposition, the shadow Home Secretary, the Prime Minister and the Home Secretary have all said that if necessary they would amend that legislation. If ever there were a case for disapplying the Human Rights Act, especially article 5, to a measure, it is this Bill. The Joint Committee on Human Rights made it clear that there were serious problems with the Bill’s compatibility with article 5. Lord Carlile made a similar point. We know that the Attorney-General has given an opinion. The Solicitor-General claims that he has not given an opinion. The Home Secretary clearly said in the House that there was an opinion before apologising for the fact that he should not have said that. Unless the Human Rights Act is disapplied to the Bill, the debate will have been a waste of time because the Law Lords will apply it, thus preventing the measure from being compatible with it. When that happens, it will render the whole exercise a complete waste of time. We must disapply the Human Rights Act.
Secondary information
- Type
- Proceeding contribution
- Reference
- 439 c376
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Civil liberties Criminal proceedings Codes of practice Appeals Detainees Applications Arrests Evidence Incitement Judges National security Prosecutions Police custody Terrorism Remand in custody Cryptography High Court Habeas corpus Encouragement of terrorism Sunset clauses
- Legislation
- Terrorism Bill 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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- 2024-09-24 16:00:44 +0100
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