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

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

This report welcomes the Bill's potentially human rights enhancing objectives of taking measures to protect the public from crime, at the same time as focusing on rehabilitation and extending positive support to those vulnerable people who receive short-term prison sentences. However, it remains concerned that insufficient information was provided by the Government (i) to demonstrate the compatibility of the provisions of the Bill with relevant international standards other than the ECHR and (ii) to support its assertion that the proposals have been considered fully in line with the requirements of the Equality Act 2010. The Committee calls on the Government to publish the information which demonstrates this without delay. The Committee welcomes the Government's assurance that private providers of probation services are obliged to act compatibly with human rights law but recommends that there should be statutory provision in the Bill setting out the providers' duties. The Committee calls on the Government to develop clear guidance on the human rights obligations of private probation providers, and to set out how it will monitor the performance of the contracted providers in this regard

The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.

On cover and title page: House, committees of the whole House, general committees and select committees

While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t

Legislative Scrutiny : (1) Superannuation Bill; (2) Parliamentary Voting System and Constituencies Bill, sixth report of session 2010-11, report, together with formal minutes and Appendices

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

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.

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)