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

[anton.mckee at broadcom.ie]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

EU laws are only enforceable where an EU directive has been made. The
ECU is only the higher court when the law that is the issue of
proceedings is one of European in origin. I agree the person still has
the EcJ to go to but the practicality is that until such time as the
case is heard (Cases are sent to the EcJ by the court in the country
of origin usually. It is very rare that persons individually go to the
Court) in the EcJ then the law applies. There is however the remedy of
an injunction but this has only been used once in relation to Spanish
fishermen rights in the UK. And this will only apply if the law is a
European law. The UK courts *may* be able to prevent enforcement of
the law, but only theses assigned to the minister under statutory
authority. However this is so unlikely to happen

The HR act also allows the government to deride the individuals right
in matters of state security etc, so this is a possible way around the
Hr Act for the RIP Act.

Aj


- -----Original Message-----
From: Paul Jakma [mailto:paulj at itg.ie]
Sent: Friday, April 27, 2001 10:59 AM
To: anton.mckee at broadcom.ie
Cc: ilug at linux.ie
Subject: RE: [ILUG] 1984 [Fwd: Regulation of Investigatory Powers Act]


On Fri, 27 Apr 2001 anton.mckee at broadcom.ie wrote:

> 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.

indeed. you are governed by the legislation in your land. the
legislation in your land is governed by EU directives and the EU
Convention on HR.


> between a statute and the Human rights act, the courts can only
issue
> a declaration of incompatibility. The conflicting statue is still
> enforceable!

indeed, but the individual still has recourse to the EUCourtHR, which
ultimately (i believe) does have the power to say "the law in your
country is wrong".

> Aj

course none of us are lawyers AFAIK. but that still doesn't mean we
can't look at the convention and make an intelligent consideration
that perhaps we do have a grounds to complain if a govt. tries to
foist laws like RIP in the UK on us.

- --paulj

-----BEGIN PGP SIGNATURE-----
Version: PGP 6.0.2
Comment: http://www.broadcom.ie/keys/anton.asc

iQA/AwUBOulQqqegaZmsM7IDEQJB+gCg74K+BQO4AERZHJSFjR9Rkbk3vKsAoODy
nFivQrQxsGNhhzZkr9ZSke4T
=ReaK
-----END PGP SIGNATURE-----