The Human Rights Act Mechanism Section 19 of the HRA 1998

Section 19: Statements of compatibility Lord Hope (in R v A (No 2) 2002): “These statements may serve a useful purpose in parliament. They may also be seen as part of the parliamentary history, indicating that it was not Parliament’s intention to cut across a Convention right … No doubt they are based on the best advice that is available. But they are no more than expressions of opinion by the minister. They are not binding on the court, nor do they have any persuasive authority.”

Home Office Memo to the Joint Committee of Human Rights (2001): “the Minister’s view is reached only after very careful consideration but it is not legally binding. Ultimately, only a court can determine the Convention rights and give a definitive view as to whether a particular provision complies with those rights or not.”