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Joint Committee on Human Rights (JCHR) inquiry opened Procedures with step depth

House of Commons and House of Lords

A step of type Business step.

Select committees do most of their work through inquiries into topics within their remit. This could be an area of policy, a draft bill, or a response to an event. Suggestions for inquiry subjects come from many sources, including the chair and committee members, interest groups and members of the public.

There are 3 procedures.

  1. Joint Committee on Human Rights (JCHR) inquiry opened has step depth 4.09999990463257 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. Joint Committee on Human Rights (JCHR) inquiry opened has step depth 4.09999990463257 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.

  3. Joint Committee on Human Rights (JCHR) inquiry opened has step depth 11 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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