Proposal for a draft Marriage Act 1949 (Remedial) Order 2006 : Sixteenth report of session 2005-06, report, together with formal minutes and Appendices
Human trafficking, the slave trade by another name, is a gross abuse of human rights which shames us all. This report updates the Committee's 2006 inquiry into human trafficking (HLP 245-I/HCP 1127-I, session 2005-06, ISBN 9780104009376), which focused on the scale of the problem in the UK and the adequacy of the Government's policies in terms of human rights protection. This update is published on 18 October to mark the European Union's action day against human trafficking.
The Council of Europe Convention on the Prevention of Terrorism was signed by the UK in May 2005 and laid before Parliament in July 2006 (Cm. 6907, ISBN 9780101690720). The UK Parliament currently has no formal role in the ratification of treaties, which is carried out by the Government under its prerogative powers. However, under the so-called 'Ponsonby rule', a period of 21 parliamentary sitting days is allowed before ratification of treaties, in order to afford Parliament the opportunity of pre-ratification scrutiny of obligations which the Government is proposing to make. The Committee's report highlights one issue of concern before the Treaty is ratified, relating to whether section 1 of the Terrorism Act 2006 (the offence of encouragement of terrorism) is compatible with the requirement in the Convention that any new offence of public provocation to commit a terrorist offence must be in accordance with the rights to freedoms of expression, association and religion.
In this report the Committee recommends amendments to the Health and Social Care Bill to ensure that private (or voluntary) sector care homes which accommodate publicly-funded residents are brought within the scope of the Human Rights Act. It also calls on the Government to implement recommendations in its earlier report on the human rights of older people in health care (HL 156-I/HC 378-I, session 2006-07, ISBN 9780104011447). The Committee's concerns arise from the meaning of "public function" and "public authority" in the Human Rights Act. It believes it was clear that Parliament intended the Act's requirement of public authorities to act compatibly with the European Convention on Human Rights to cover private-sector providers of publicly-funded services, and is disappointed that the Government has deferred a decision on a new statute to reinstate the original intention of the Act.
"Constitutes the Terrorism Series' first expansion into non-U.S. legal regimes, and this initial volume deals solely with the UK's approach to security law. Ever since the London bombings of July 7th, 2005, the UK has been faced with the challenge of improving the nation's security while maintaining its proud tradition of civil liberties."--Publisher's website.
This report, from the joint House of Lords and House of Commons Committee (Joint Committee on Human Rights, HLP 156/HCP 527, session 2007-08, ISBN 9780104013410), is a follow-up to an earlier report, (HLP 185-I/HCP 701-I, session 2005-06, ISBN 9780104008638). This report focused on the UN Convention Against Torture and its applicability to the UK armed forces. This new report considers discrepancies in the evidence provided to the Committee about the use of prohibited interrogation techniques in Iraq. The Committee's conclusions, were as follows: that conditioning techniques such as hooding and the use of stress positioning were used by some British troops in Iraq, despite such techniques been prohibited in 1972; that the hooding and stress positioning by the First Queen's Lancashire Regiment in 2003, was based on legal advice from Brigade headquarters; that the interpretation of using such techniques may have been too narrow and interpreted as only applying to interrogation in Northern Ireland; that the prohibition of such techniques was not clearly articulated to the troops in Iraq; up until 2005, interrogation personnel were trained in proscribed techniques, demonstrating what they might be subjected to if captured. The Committee is yet to receive an explanation from the Ministry of Defence for the the discrepancies between the evidence given to the Joint Committee in 2004 and 2006 on the use of prohibited conditioning techniques and recommends that the Secretary of State for Defence should confirm a detailed response will be received about the discrepancies, following the public inquiry into the death of Baha Mousa.