Designation of international agreements for purposes of section 52 of Investigatory Powers Act 2016

Part of Crime (Overseas Production Orders) Bill [Lords] – in the House of Commons at 2:15 pm on 30th January 2019.

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Photo of Ben Wallace Ben Wallace Minister of State (Home Office) (Security) 2:15 pm, 30th January 2019

Yes, and in answer to the amendment that was tabled but not selected, Ministers are obliged to act in accordance with our ECHR obligations. Throughout this process, we have a legal duty under the Human Rights Act 1998 to act compatibly with convention rights, including article 1 of the 13th protocol, which was incorporated in schedule 1 to the Human Rights Acts 1998 through the Human Rights Act (Amendment) Order 2004. Were Ministers to act unlawfully in making subordinate legislation under subsection 5(b) which was incompatible with the convention rights, it would be open to the courts to strike down that legislation by applying ordinary public law principles.