[ILUG] 1984 [Fwd: Regulation of Investigatory Powers Act]

[anton.mckee at broadcom.ie]

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The judiciary in the UK will try to interpret the RIP act as much as
they possibly can in line with the European convention on Human Rights
or in actually fact its the Human Rights Act 1998 (UK Bill).

However if the courts cannot interpret the act in compliance with the
Human Rights Act 1998, the RIP still stands and must be enforced. The
courts cannot refuse to implement an Act of Parliament as in the UK
parliament is supreme. However what they can is issue a declaration of
incompatibility. Basically say the RIP act is not in compliance with
the HR Act 1998. 

This may (or may not) have the effect of forcing parliament to redraft
the act. However until such time as the do the RIP act still stands
and you can be convicted under it. It will then fall down to the
courts to decided what measures to take. It would be more than
probable that either the courts will overturn convictions on appeal
taking into consideration the HR Act issues raised during the trial or
may give minimum sentences in order to force parliament to take
action. 

It is very important that everyone know that if there is a conflict
between a statute and the Human rights act, the courts can only issue
a declaration of incompatibility. The conflicting statue is still
enforceable!

Aj

- -----Original Message-----
From: ilug-admin at linux.ie [mailto:ilug-admin at linux.ie]On Behalf Of
Wesley Darlington
Sent: Friday, April 27, 2001 9:50 AM
To: ilug at linux.ie
Subject: Re: [ILUG] 1984 [Fwd: Regulation of Investigatory Powers Act]



On Thu, Apr 26, 2001 at 05:34:08PM +0100, Paul Jakma wrote:
> hmmm... thing is that it is not at all clear how the UK's RIP act
and
> the EU Convention on Human Rights can be reconciled. If they can't
be,
> then the EU CHR takes precedence.

Why?

ATB,
Wesley.

- -- 
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