My Lords, I apologise to the Minister for not putting this short question clearly enough in my earlier remarks. Do the Government agree that the new duty in Clause 12, which would become the new Section 14A of the Human Rights Act, on the Secretary of State to consider derogation a judicially reviewable duty? Will it be, as I suspect it will, open to challenge in relation to the Secretary of State’s considerations, so that litigants will be able to judicially review the adequacy of the considerations, whether or not the operations were significant, and the Secretary of State’s decision not to derogate—or, indeed, to derogate—in relation to every single potential overseas operation?
Overseas Operations (Service Personnel and Veterans) Bill
Proceeding contribution from
Baroness Chakrabarti
(Labour)
in the House of Lords on Thursday, 11 March 2021.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Overseas Operations (Service Personnel and Veterans) Bill.
About this proceeding contribution
Reference
810 c1863 Session
2019-21Chamber / Committee
House of Lords chamberSubjects
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2024-04-30 23:59:52 +0100
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