Procedure browser

Considered by the Joint Committee on Human Rights (JCHR) Procedures with step depth

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.

Overview Business items Routes Clocks Step collections Procedures with step depths Procedures

There are 4 procedures.

  1. Considered by the Joint Committee on Human Rights (JCHR) has step depth 9 in the Draft affirmative remedial order procedure

    A remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention on Human Rights. Remedial orders can be used to amend both primary and secondary legislation, and they may do anything necessary to fix the incompatibility with the Convention rights. Draft remedial orders are considered by the Joint Committee on Human Rights and then need to be approved by both Houses to become law.

  2. Considered by the Joint Committee on Human Rights (JCHR) has step depth 5 in the Made affirmative remedial order procedure

    A remedial order is an order made by a minister under the Human Rights Act 1998 to amend legislation which has been found incompatible with the European Convention on Human Rights. Remedial orders can be used to amend both primary and secondary legislation, and they may do anything necessary to fix the incompatibility with the Convention rights. Urgent orders may be made without advance scrutiny, but they will stop being law if they are not approved by both Houses within 120 days of being laid before Parliament.

  3. Considered by the Joint Committee on Human Rights (JCHR) has step depth 5 in the Proposed draft remedial order procedure

    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.

  4. Considered by the Joint Committee on Human Rights (JCHR) has step depth 11.1000003814697 in the Treaties subject to the Constitutional Reform and Governance Act 2010 procedure

    A treaty may be ratified if the Commons does not resolve against ratification within 21 sitting days. A Minister may extend this period. If the Commons resolves against ratification, a Minister may make a statement in disagreement, following which the Commons may consider for a further 21 sitting days. Even if the Lords resolves against ratification, a Minister may make a statement that the treaty be ratified. A Minister may determine a treaty be ratified without it being laid before Parliament.

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