northern ireland act 1998 the human rights act 1998 government of wales act 1998

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Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

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Page 1: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Northern Ireland Act 1998

The Human Rights Act 1998

Government of Wales Act 1998

Page 2: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

The Human RightsAct 1998

Page 3: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

The Human RightsAct 1998

It is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.

Page 4: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Rights protection under the Act

• Act provides that it is unlawful for a public authority to act in such a way as to contravene Convention rights

• the Act also provides a defence for public authorities if their Convention violating act is in pursuance of a mandatory obligation imposed upon them by Westminster primary legislation

• The power is restricted to the higher Courts• The Act completely repealed the death penalty in the United

Kingdom.

Page 5: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

CRITICISM

Politicised judges? Journalistic freedom A Bill of Rights for Britain? Left-wing criticism Terrorism

Page 6: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Politicized judges?

One of the major criticisms of the Human Rights Act prior to its introduction that it would result in unelected judges making substansive judgments about government policies and "legislating" in their amendments to the common law resulting in an usurpation of Parliament's legislative supremacy.

Page 7: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Journalistic freedom

The Human Rights Act was criticised because people's private lives needed protection.

Page 8: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

A Bill of Rights for Britain?

Howard's successor as Leader of the Opposition, David Cameron thought that the Human Rights Act was a bill of rights for Britain.

Page 9: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Left-wing criticism

Some people have argued that the Human Rights Act does not give adequate protection to rights because of the ability for the government to derogate from Convention rights

Page 10: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Terrorism

The Human Rights Act was hampering the fight against global terrorism in regard to controversial control orders:"There is a very serious threat - and I am the first to admit

that the means we have of fighting it are so inadequate that we are fighting with one arm tied behind our backs. So I hope when we bring forward proposals in the next few weeks that we will have a little less party politics and a little more support for national security.”

(Former Home Secretary John Reid)

Page 11: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Northern Ireland Act 1998

Page 12: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Northern Ireland Act 1998

What is?

•Is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland after decades of direct rule from Westminster.

•It repealed the Government of Ireland Act 1920 and established new rules in line with the European Union

Page 13: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

The Act allows for a devolved Northern Ireland Assembly of 108 members

Membership of the assembly is subject to a pledge of office

Subjects the member to certain requirements with regard to standards and responsibilities

Northern Ireland Act 1998

Page 14: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

•Northern Ireland remains a part of the United Kingdom until or unless a majority vote in a referendum determines otherwise

•The Assembly has been suspended a number of times since 1998, and was re-established on Tuesday 8th May 2007

Northern Ireland Act 1998

Page 15: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Government of Wales Act 1998

Page 16: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Government of Wales Act 1998

The properly title of the Act is:

An Act to establish and make provision about the National Assembly for Wales and the offices of Auditor General for Wales and Welsh Administration Ombudsman; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.

Page 17: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

What does the Act do?

•It created a national assembly for Wales

•It transferred most of the powers of the Secretary of States for Wales

•It made provision for elections to the Assembly

•The Act led to the establishment of the National Assembly for Wales in 1999, after the referendum held in 1997 which narrowly approved devolution.

Page 18: Northern Ireland Act 1998 The Human Rights Act 1998 Government of Wales Act 1998

Secretary of State for Wales

He is responsible for ensuring Welsh interests are taken into account by the government, representing the government within Wales and overseeing the passing of legislation which is only for Wales.