Joint Committee on Human Rights (JCHR) recommended a draft remedial order be laid and the Government reconsider the drafting of the order Procedures
House of Commons and House of Lords
A step of type Business step.
Consideration completed by the Joint Committee on Human Rights (JCHR) within their terms of reference. The Committee can make several recommendations from whether the remedial order is appropriate, whether it should be changed or proceed in the same terms. The Committee also makes recommendations on whether the House(s) should approve the order.
There is 1 procedure.
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Proposed draft remedial order
Remedial orders are a type of statutory instrument. Under the Human Rights Act 1998, courts can declare Acts of Parliament incompatible with the European convention on human rights. The Government can use remedial orders to amend Acts to remove the incompatibility. A minister formally presents (or ‘lays’) a proposal for a draft remedial order. Parliament has 60 days to consider the proposal. The Joint Committee on Human Rights (a Committee of Members of the Commons and Lords) also scrutinises the proposal. At the end of the 60-day period, the minister can lay a draft remedial order. The minister has to report details of any representations made during the 60 days and any changes made to the proposal.