Proposal For The Asylum And Immigration Treatment Of Claimants Etc Act 2004 Remedial Order 2010

Relates to draft statutory instrument (ISBN 9780111500644) issued 27 July 2010

Draft Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (Remedial) Order 2010 : Tuesday 29 March 2011

Enabling power: Human Rights Act 1998, s. 10 (2), sch. 2, para. 1 (1) (a) (2) (3). Issued: 22.12.2010. Made: -. Laid: -. Coming into force: In accord. with art. 1 (1). Effect: 2004 c. 19, c. 33 amended/partially repealed & S.I. 2005/15, 2917; 2007/807, 1109; 2008/680 amended/partially revoked. Territorial extent & classification: E/W/S/NI. Superseded by S.I. 2011/1158 (ISBN 9780111510827) issued on 28.04.2011. For approval by resolution of each House of Parliament. This version incorporates amendments suggested by the Joint Committee on Human Rights and supersedes draft of same title (ISBN 9780111500644) issued 28.07.2010

A draft of the proposed instrument is available separately (ISBN 9780111512357 )

A draft of the proposed instrument is available separately (ISBN 9780111521403 ). An earlier report on this subject published as HL 200/HC 1549, session 2010-12 (ISBN 9780108473791)

The Terrorism Act 2000 (Remedial) Order 2011, an urgent remedial order concerning exceptional counter-terrorism powers to stop and search without reasonable suspicion was made by the Home Secretary on 17 March 2011 and came into force on 18 March 2011. The purpose of the Order is to remove the incompatibility of the current statutory powers to stop and search without reasonable suspicion (in sections 44 to 46 of the Terrorism Act 2000) with the right to respect the private life in Article 8 of the European Convention on Human Rights ("ECHR"). The Joint Committee on Human Rights accepts the necessity of introducing a replacement stop and search power and agree with the Government there are compelling reasons for using the remedial order procedure. It does provide for much greater parliamentary scrutiny, but the Committee does recommend that the Government provides more detailed evidence of the sorts of circumstances in which the police have experienced the existence of an operational gap in the absence of a power to stop and search. Without such detailed scrutiny it is difficult for the Committee to reach a view as to the appropriateness of proceeding by urgent remedial order. The Committee also recommends that the Order be replaced with a new Order modifying the provisions and removing the incompatibility identified by the ECHR.

Government response to HL 257/HC 1074, session 2010-12 (ISBN 9780108475320)