Brendan Ryan (Labour)

I appreciate complexity and I understand the complexity of this section, but that is no excuse for section 5(2)(a), which provides that the declaration of incompatibility shall not affect the validity, continuing operation or enforcement of the statutory provision or rule of laws in respect of which it is made. The wording is appalling. Essentially, this means that the while the declaration is fine, we will nevertheless carry on as before. The fact that we may have done this in the past is irrelevant.

By means of this section, the Government is saying that while one can have a declaration of incompatibility and, perhaps, receive damages in the courts, it will carry on until it is ready to do otherwise. There is no timescale involved. That is an affront. I was fascinated by the Minister's reference, on section 7, to the expanded human rights protection provided in the Bill. If there is no remedy, one has no extra rights other than the right to go to court at, presumably, one's own expense to get a declaration that one's rights were violated. Nothing will be done about it.