Compatibility with the ECHR

31.9Where Ministers invite Parliament to approve statutory instruments or draft statutory instruments by way of the affirmative resolution procedure, the responsible Minister is expected to indicate their view regarding the compatibility of the instrument with ‘Convention rights' within the meaning of the Human Rights Act 1998, s 1. A declaration of compatibility is also made in all cases where secondary legislation, whether subject to the affirmative or the negative procedure, amends primary legislation.1 Declarations of compatibility may be included in the separate explanatory memoranda which accompany all instruments subject to affirmative or negative resolution. Alternatively, the responsible Minister may make the declaration by writing to the Joint Committee on Statutory Instruments.2

Footnotes

  1. HC Deb (1999–2000) 341, c 138W.
  2. HC Deb (1999–2000) 341, c 138W. Note that declarations of compatibility in respect of secondary legislation are made voluntarily, whereas there is a statutory duty for Ministers to make declarations of compatibility in respect of primary legislation.