Current Position
Statement to the States of Deliberation by the Chief Minister
The Human Rights (Bailiwick of Guernsey) Law 2000
Mr Bailiff, Members of the States
On behalf of the Policy Council I would like to take this opportunity to update the House on developments concerning the Human Rights (Bailiwick of Guernsey) Law 2000 and in particular its implementation.
The European Convention on Human Rights was first extended to the Bailiwick in 1953 – 53 years ago! Since that time it has been possible for anyone wishing to bring an action under the Convention, in order to enforce an alleged breach of their rights, to do so although such cases have had to be heard by the Court in Strasbourg.
In recent weeks there has been some speculation about the reason for the delay in enacting this Law given that it was approved by the States in 2000. I can assure Members that the only reason for the delay has been to enable the authorities in Guernsey, Alderney and Sark, including the Courts, to undertake detailed audits of relevant legislation, policies and practices in order to identify areas that may have been non-compliant with the requirements of the Convention.
Those audits, not unexpectedly, identified a considerable number of important issues that required attention and in particular the need for new legislation or amendments to be made to existing legislation. Inevitably it has taken time to introduce those important and necessary changes in order to ensure that, as far as reasonably practicable, the Bailiwick meets the requirements of the Convention and, importantly, is not subjected to a plethora of complaints immediately upon enactment of the Law.
I am pleased to be able to inform the House that most of that work has now been completed and work is in hand to deal with any outstanding issues. In addition, consultations have recently been held with the authorities in Alderney and Sark about the Commencement date for the Law.
Consequently the Policy Council has decided that it can shortly bring forward, with confidence, the necessary legislation to enact the Human Rights (Bailiwick of Guernsey) Law 2000 and thus incorporate the Convention into domestic legislation.
Whilst work will continue to address any outstanding issues that does not, of course, necessarily mean that no human rights issues will emerge in the Bailiwick in the future. The Convention continues to evolve and its requirements are constantly subjected to interpretation by the Courts. Nevertheless, I am confident that the authorities throughout the Bailiwick have, as far as is reasonably practicable, made appropriate preparations.
The Council will therefore lay a Commencement Ordinance before the States in July with a view to recommending that the Human Rights (Bailiwick of Guernsey) Law 2000 should come into force with effect from the 1st September 2006.
Finally, I should like to advise the House that the Policy Council is, of course, closely monitoring the development of suggestions recently made that the Human Rights Act in the United Kingdom might be modified to take account of concerns over security and public safety.
Mr Bailiff, Members of the States
On behalf of the Policy Council I would like to take this opportunity to update the House on developments concerning the Human Rights (Bailiwick of Guernsey) Law 2000 and in particular its implementation.
The European Convention on Human Rights was first extended to the Bailiwick in 1953 – 53 years ago! Since that time it has been possible for anyone wishing to bring an action under the Convention, in order to enforce an alleged breach of their rights, to do so although such cases have had to be heard by the Court in Strasbourg.
In recent weeks there has been some speculation about the reason for the delay in enacting this Law given that it was approved by the States in 2000. I can assure Members that the only reason for the delay has been to enable the authorities in Guernsey, Alderney and Sark, including the Courts, to undertake detailed audits of relevant legislation, policies and practices in order to identify areas that may have been non-compliant with the requirements of the Convention.
Those audits, not unexpectedly, identified a considerable number of important issues that required attention and in particular the need for new legislation or amendments to be made to existing legislation. Inevitably it has taken time to introduce those important and necessary changes in order to ensure that, as far as reasonably practicable, the Bailiwick meets the requirements of the Convention and, importantly, is not subjected to a plethora of complaints immediately upon enactment of the Law.
I am pleased to be able to inform the House that most of that work has now been completed and work is in hand to deal with any outstanding issues. In addition, consultations have recently been held with the authorities in Alderney and Sark about the Commencement date for the Law.
Consequently the Policy Council has decided that it can shortly bring forward, with confidence, the necessary legislation to enact the Human Rights (Bailiwick of Guernsey) Law 2000 and thus incorporate the Convention into domestic legislation.
Whilst work will continue to address any outstanding issues that does not, of course, necessarily mean that no human rights issues will emerge in the Bailiwick in the future. The Convention continues to evolve and its requirements are constantly subjected to interpretation by the Courts. Nevertheless, I am confident that the authorities throughout the Bailiwick have, as far as is reasonably practicable, made appropriate preparations.
The Council will therefore lay a Commencement Ordinance before the States in July with a view to recommending that the Human Rights (Bailiwick of Guernsey) Law 2000 should come into force with effect from the 1st September 2006.
Finally, I should like to advise the House that the Policy Council is, of course, closely monitoring the development of suggestions recently made that the Human Rights Act in the United Kingdom might be modified to take account of concerns over security and public safety.