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The Human Rights Act 1998 (Designated Derogation) Order 2001

S.I. 2001/3644 · Made 11 November 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HUMAN RIGHTS

Approved by both Houses of Parliament

Made 11th November 2001

Laid before Parliament 12th November 2001

Coming into force 13th November 2001

Whereas the United Kingdom is proposing to derogate from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 14(1) and (6) of the Human Rights Act 1998 (“the 1998 Act”)f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 42. Section 14 of the 1998 Act was amended by the Human Rights Act (Amendment) Order 2001 (S.I.2001/1216).

Contents

  1. 1Citation and commencement
  2. 2Designation of proposed derogation
  3. Signature
  4. Schedule PROPOSED DEROGATION
  5. Proposed notification of the United Kingdom’s derogation from Article 5 (1)
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Human Rights Act 1998 (Designated Derogation) Order 2001 and shall come into force on 13th November 2001.

2Designation of proposed derogation

The proposed derogation by the United Kingdom from Article 5(1) of the Convention, set out in the Schedule to this Order, is hereby designated for the purposes of the 1998 Act in anticipation of the making by the United Kingdom of the proposed derogation.

Signature

David Blunkett

One of Her Majesty’s Principal Secretaries of State

Home Office

11th November 2001

Proposed notification of the United Kingdom’s derogation from Article 5 (1)

The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty’s Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.

Explanatory note

(This note is not part of the Order)

This Order is made in anticipation of the making by the United Kingdom of a proposed derogation from Article 5(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”), agreed by the Council of Europe at Rome on 4th November 1950. Article 5(1) provides that everyone has the right to liberty and security of person and that no-one shall be deprived of his liberty save in the cases set out in that Article and in accordance with a procedure prescribed by law. One of the exceptions is contained in sub-paragraph (1)(f) of Article 5 which permits the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

On 12th November 2001, the Anti-terrorism, Crime and Security Bill will be introduced into Parliament. That Bill contains an extended power to arrest and detain a foreign national where it is intended to remove or deport the person from the United Kingdom because the Secretary of State believes that his presence is a risk to national security and suspects him of being an international terrorist, but where such removal or deportation is not for the time being possible. In such cases, detention may be incompatible with Article 5(1)(f) because it is not for the time being possible to take action with a view to deportation, for example, if deportation would result in treatment contrary to Article 3 of the Convention.

This Order designates the proposed derogation for the purposes of the Human Rights Act 1998. The proposed derogation is set out in the proposed notification of the derogation which is in the Schedule to the Order.