Minutes of Proceedings

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1 House of Lords House of Commons Joint Committee on Human Rights Minutes of Proceedings Session

2 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current Membership HOUSE OF LORDS Baroness Campbell of Surbiton Lord Faulks Baroness Kennedy of the Shaws Lord Lester of Herne Hill HOUSE OF COMMONS Dr Hywel Francis MP Dr Julian Huppert MP Mrs Eleanor Laing MP Mr Dominic Raab MP Mr Richard Shepherd MP Mr Andy Slaughter MP Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. Publications The Reports and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses. All publications of the Committee (including press notices) are on the internet at Current Staff The current staff of the Committee are: Mike Hennessy (Commons Clerk), Rob Whiteway (Lords Clerk), Murray Hunt (Legal Adviser), Angela Patrick (Assistant Legal Adviser), James Clarke (Senior Committee Assistant), Michelle Owens and Claudia Rock (Committee Assistants), Greta Piacquadio (Committee Support Assistant) and Keith Pryke (Office Support Assistant). Contacts All correspondence should be addressed to The Clerk of the Joint Committee on Human Rights, Committee Office, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: ; the Committee s e- mail address is jchr@parliament.uk.

3 Tuesday 15 May 2012 Lord Bowness Lord Lester of Herne Hill Lord Morris of Handsworth Rehman Chishti MP Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to remedial orders be reported to both Houses for publication on the internet: RO (10-12) 039, Letter from John Wadham, Group Director Legal, Equality and Human Rights Commission, on the Sexual Offences Act 2003 (Remedial Order) 2012, dated 10 May LEGISLATIVE SCRUTINY: THE QUEEN S SPEECH 3. SEXUAL OFFENCES ACT 2003 (REMEDIAL) ORDER 2012 [Adjourned till Tuesday 22 May at 2pm Tuesday 22 May 2012

4 Lord Faulks Lord Lester of Herne Hill Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. DECLARATION OF INTERESTS Lord Faulks and declared their interests (see appendix) 2. PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 002, Letter from Lord Henley, Minister of State for Crime Preventions and Anti-Social Behaviour Reduction, on the Crime and Courts Bill, dated 11 May 2012 Ordered, That the following paper relating to independent living be reported to both Houses for publication on the internet: Reply by the Government to the Twenty-Third Report of the Joint Committee on Human Rights Session : Implementation of the Right of Disabled People to Independent Living 3. LEGISLATIVE SCRUTINY: PRIORITIES FOR FORWARD PROGRAMME AND AWAY DAY 5. CONSIDERATION OF DRAFT REPORT: SEXUAL OFFENCES ACT 2003 (REMEDIAL) ORDER 2012: SECOND REPORT Draft Report (Sexual Offences Act 2003 (Remedial) Order 2012: second Report) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the First Report from the Joint Committee on Human Rights, Session , HL Paper 8/ HC 166 [Adjourned till Tuesday 12 June at 2pm

5 Appendix - Members registered and declared interests FAULKS, Lord Category 2: Remunerated employment, office, profession etc. Barrister in practice at 1 Chancery Lane, London WC2A 1LF Member, Commission on a Bill of Rights LISTER OF BURTERSETT, Baroness Category 10: Non-financial interests (d) Chair of Management Committee, Compass (Direction for the Democratic Left) Vice Chair, Fair Pay Network Category 10: Non-financial interests (e) Member of Board, Smith Institute Declared interest: Patron, Just Fair

6 Tuesday 12 June 2012 Lord Faulks Baroness Kennedy of The Shaws Lord Lester of Herne Hill Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. DECLARATION OF INTERESTS Baroness Kennedy of The Shaws declared her interests (see appendix). 2. PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 005, Written evidence from the British Irish Rights Watch (BIRW) on the Justice and Security Bill 3. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL 4. COMMITTEE AWAY DAY 5. INDEPENDENT LIVING: GOVERNMENT RESPONSE [Adjourned till Tuesday 19 June at 1.50pm

7 Appendix - Members registered and declared interests KENNEDY OF THE SHAWS, Baroness Category 2: Remunerated employment, office, profession etc. Member of the Bar Chair, Video Standards Appeal Committee Investigating Commissioner, EHRC's Human Rights Inquiry into Human Trafficking in Scotland Member of the Government Commission on a British Bill of Rights Master of Mansfield College, Oxford Category 5: Land and property House at Loch Lomond Category 10: Non-financial interests (b) Bencher, Gray's Inn Category 10: Non-financial interests (c) Trustee, British Museum Category 10: Non-financial interests (d) Board Member, Media Standards Trust Trustee, Institute of Strategic Dialogue Chair, Justice Category 10: Non-financial interests (e) President, Helena Kennedy Foundation (for disadvantaged students) Advisory Council Member, Royal Anniversary Prizes for Higher and Further Education Trustee, Refuge (organisation for abused women) Foundation Board Member, Booker Prize Vice President, Hay Festival President, Women of the Year Lunch Trustee, Tablet Trust Trustee, Bianca Jagger Foundation Trustee, Forward Thinking Declared interest: Co-Chair, International Bar Association s Human Rights Institute

8 Tuesday 19 June 2012 Lord Faulks Baroness Kennedy of The Shaws Lord Lester of Herne Hill Baroness O Loan Mike Crockart MP Mr Dominic Raab MP 1. DECLARATION OF INTERESTS Baroness O Loan declared her interests (see appendix). 2. PAPERS FOR PUBLICATION Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 006, Written evidence from the Special Advocates on the Justice and Security Bill BILLS (12-13) 008, Letter from the Rt Hon Theresa May MP, Home Secretary, on the Publication of the Draft Communications Data Bill, dated 13 June 2012 Ordered, That the following papers relating to extradition be reported to both Houses for publication on the internet: EXT (12-13) 039, Letter from Damien Green MP, Minister for Immigration, on the Baker Review, dated 11 June ORAL EVIDENCE: JUSTICE AND SECURITY BILL Mr David Anderson QC, Independent Reviewer of Terrorism Legislation, gave evidence. [Adjourned till Tuesday 26 June at 2.00pm

9 Appendix - Members registered and declared interests O LOAN, Baroness Category 2: Remunerated employment, office, profession etc. Member, Independent Review Panel for Police Service of Northern Ireland Operation Stafford Chair, Governing Authority, National University of Ireland, Maynooth Member, International Contact Group, Spain Occasional Correspondent, The Irish Catholic newspaper Category 7: Overseas visits Visit to San Sebastian, Spain, October 2011, as part of the International Contact Group; all expenses paid by Lokarri Visit to Jerusalem and Ramallah, March 2012, to attend Police Accountability Workshop in Ramallah organised by Geneva Centre for the Democratic Control of the Armed Forces (DCAF); all expenses paid by DCAF Visit to Bilbao, Spain, April 2011, as part of the International Contact Group; all expenses paid by the International Contact Group Category 10: Non-financial interests (d) Member, NetPLUSS, Club de Madrid Category 10: Non-financial interests (e) Trustee, British Irish Association

10 Tuesday 26 June 2012 Lord Faulks Baroness Kennedy of The Shaws Lord Lester of Herne Hill Baroness O Loan Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. ORAL EVIDENCE: JUSTICE AND SECURITY BILL Mr Angus McCullough QC and Mr Martin Chamberlain, Special Advocates, and Mr Ben Jaffey, Barrister, gave evidence. 2. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL The Committee discussed this matter. 3. CONSIDERATION OF DRAFT REPORT: IMPLEMENTATION OF THE RIGHT OF DISABLED PEOPLE TO INDEPENDENT LIVING: GOVERNMENT RESPONSE TO THE COMMITTEE S TWENTY-THIRD REPORT OF SESSION Draft Report (Implementation of the Right of Disabled People to Independent Living: Government Response to the Committee Twenty-third Report of Session ) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the Second Report from the Joint Committee on Human Rights, Session , HL Paper 23/ HC PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 010, Supplementary written evidence from the Ministry of Justice on the Crime and Courts Bill. [Adjourned till Tuesday 3 July at 2.00pm Tuesday 3 July 2012

11 Lord Faulks Baroness Kennedy of The Shaws Baroness O Loan Mr Dominic Raab MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to the Universal Periodic Review be reported to both Houses for publication on the internet: GEN (12-13) 006, Letter from the Rt Hon Lord McNally, Minister of State, on the United Kingdom s Universal Periodic Review, dated 21 June 2012 Ordered, That the following paper relating to remedial orders be reported to both Houses for publication on the internet: RO (12-13) 001, Letter from Lynne Featherstone MP, Parliamentary Under Secretary of State, on the Committee s Report on the Sexual Offences Act 2003 (Remedial) Order 2012, dated 15 June 2012 Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 012, Written evidence from the University of East Anglia (UEA) on the Draft Communications Data Bill BILLS (12-13) 013, Written evidence from Save the Children on the Children and Families Bill BILLS (12-13) 014, Written evidence from JNT Association (trading as Janet) on the Defamation Bill BILLS (12-13) 015, Written evidence from JNT Association (trading as Janet) on the Draft Communications Data Bill BILLS (12-13) 016, Written evidence from Amnesty International UK on the Draft Communications Data Bill BILLS (12-13) 017, Written evidence from Every Disabled Child Matters on the Children and Families Bill 2. CHANGES TO IMMIGRATION RULES The Committee discussed this matter. 3. CRIME AND COURTS BILL

12 The Committee discussed this matter. 4. COMMITTEE AWAYDAY The Committee discussed this matter. [Adjourned till Tuesday 10 July at c3.00pm Tuesday 10 July 2012 Baroness Kennedy of The Shaws Lord Lester of Herne Hill Baroness O Loan Mike Crockart MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to the UK Judge at the European Court of Human Rights be reported to both Houses for publication on the internet: GEN (12-13) 009, Letter from the Rt Hon Kenneth Clarke QC MP, Lord Chancellor and Secretary of State for Justice, dated 29 June 2012 Ordered, That the following paper relating to independent living be reported to both Houses for publication on the internet: IL (12-13) 136, Letter from Maria Miller MP, Parliamentary Under Secretary of State and Minister for Disabled People, in reply to the Chair s letter of 12 June 2012, dated?? Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 019, Written evidence from Universities and Colleges Information Systems Association (ucisa) on the Defamation Bill BILLS (12-13) 020, Written evidence from Independent Police Complaints Commission (ipcc) on the Justice and Security Bill BILLS (12-13) 018, Written evidence from Dr Lawrence McNamara, Reader in Law at the University of Reading, on the Justice and Security Bill

13 BILLS (12-13) 022, Written evidence from Leigh Day & Co on the Justice and Security Bill BILLS (12-13) 021, Written evidence from Privacy International on the Communications Data Bill BILLS (12-13) 023, Written evidence from GreenNet on the Communications Data Bill BILLS (12-13) 026, Written evidence from Children s Rights Alliance for England (CRAE) on the Children and Families Bill, Communications Data Bill and Crime and Courts Bill BILLS (12-13) 027, Written evidence from Participation Works Partnership on the Children and Families Bill BILLS (12-13) 028, Written evidence from Immigration Law Practitioners Association (ILPA) on the Crime and Courts Bill, Justice and Security Bill and the Statement of Changes in Immigration Rules BILLS (12-13) 029, Written evidence from Children s Commissioner on the Children and Families Bill and Crime and Courts Bill BILLS (12-13) 031, Written evidence from Care & Support Alliance on the Care and Support Bill 2. CHANGES TO IMMIGRATION RULES The Committee discussed this matter. 3. ANTI-CASTE DISCRIMINATION The Committee discussed this matter. 4. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL The Committee discussed this matter. Tuesday 17 July 2012 [Adjourned till Tuesday 17 July at 2.00pm Lord Faulks Baroness Kennedy of The Shaws Lord Lester of Herne Hill Baroness O Loan Mr Dominic Raab MP 1. PAPERS FOR PUBLICATION

14 Ordered, That the following paper relating to immigration rules be reported to both Houses for publication on the internet: GEN (12-13) 007, Letter to the Rt Hon Theresa May MP, Secretary of State for the Home Office, on the Statements of Changes in Immigration Rules, dated 11 July 2012 Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 032, Written evidence on the Justice and Security Bill from Professor Clive Walker, School of Law, University of Leeds 2. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL 3. FORWARD PROGRAMME 4. THEMATIC INQUIRY Resolved, That the Committee inquire into issues relating to the human rights of child asylum-seekers. [Adjourned till Tuesday 11 September at 2.00pm Tuesday 11 September 2012 Lord Faulks Baroness O Loan Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet:

15 BILLS (12-13) 034, Letter on Special Advocates from the Rt Hon Theresa May MP, Home Secretary, dated 17 July BILLS (12-13) 035, Written evidence from Rights4Me on the pre-legislative scrutiny of clauses relating to the Office of the Children s Commissioner in the Children and Families Bill BILLS (12-13) 038, Written evidence from the Children s Commissioner Review NGO Co-ordinating Group on the draft legislation for reform of the Office of the Children s Commissioner (OCE) Ordered, That the following paper relating to the Police and Criminal Evidence Act 1984 be reported to both Houses for publication on the internet: GEN (12-13) 018, Letter from the Standing Committee for Youth Justice on the Police and Criminal Evidence Act 1984 (PACE), dated 8 August Ordered, That the following paper relating to the United Nations Convention on the Rights of Persons with Disabilities be reported to both Houses for publication on the internet: Chair s Correspondence (12-13) 010, Letter from the Chair to Maria Miller MP, Minister for Disabled People, on Remploy closures and the UN Convention on the Rights of Disabled People, dated 9 August 2. REFORM OF THE OFFICE OF THE CHILDREN S COMMISSIONER: DRAFT LEGISLATION 3. LEGISLATIVE SCRUTINY: DEFAMATION BILL The Committee discussed this matter. 4. EHRC PRE-APPOINTMENT HEARING The Committee discussed this matter. 5. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL 6. LEGISLATIVE SCRUTINY: JUSTICE AND SECURITY BILL [Adjourned till Tuesday 16 October at 10.30am Tuesday 16 October am

16 Baroness Kennedy of the Shaws Baroness O Loan Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 034, Letter on Special Advocates from the Rt Hon Theresa May MP, Home Secretary, dated 17 July BILLS (12-13) 035, Written evidence from Rights4Me on the pre-legislative scrutiny of clauses relating to the Office of the Children s Commissioner in the Children and Families Bill BILLS (12-13) 038, Written evidence from the Children s Commissioner Review NGO Co-ordinating Group on the draft legislation for reform of the Office of the Children s Commissioner (OCE) BILLS (12-13) 037, Letter to the Special Advocate Support Office (Closed), Treasury Solicitor s Department, on the Justice and Security Bill, dated 12 September BILLS (12-13) 039, Letter to Michael Todd QC, Chairman of the Bar Council, on the Justice and Security Bill, dated 12 September (BILLS (12-13) 039) BILLS (12-13) 040, Letter to Edward Timpson MP, Minister of State for Children and Families, on the Reform of the Office of Children s Commissioner: draft legislation, dated 12 September BILLS (12-13) 044, Letter from Ewen Macleod, Head of Professional Practice, on the Justice and Security Bill, dated 3 October BILLS (12-13) 045, Letter from Angus McCullough QC and Martin Chamberlain, on Justice and Security Bill, dated 2 October BILLS (12-13) 046, Letter from Nicholas Lavender QC, Vice Chairman Elect of the Bar Council, on the Justice and Security Bill, dated 1 October BILLS (12-13) 047, Letter from the Children s Commissioner on the Children and Families Bill

17 Ordered, That the following paper relating to the Police and Criminal Evidence Act 1984 be reported to both Houses for publication on the internet: GEN (12-13) 018, Letter from the Standing Committee for Youth Justice on the Police and Criminal Evidence Act 1984 (PACE), dated 8 August Ordered, That the following paper relating to the United Nations Convention on the Rights of Persons with Disabilities be reported to both Houses for publication on the internet: Chair s Correspondence (12-13) 010, Letter from the Chair to Maria Miller MP, Minister for Disabled People, on Remploy closures and the UN Convention on the Rights of Disabled People, dated 9 August Ordered, That the following papers relating to pre-appointment scrutiny of the new chair of the Equality and Human Rights Commission be reported to both Houses for publication on the internet: GEN (12-13) 024, Letter from Lynne Featherstone MP, Minister for Equalities to Rt Hon Sir Alan Beith MP, Chair of Liaison Committee, on the Pre-Appointment Scrutiny of new Chair of the EHRC PAH (12-13) 002, Letter from Rt Hon Maria Miller MP, Secretary of State for Culture, Olympics, Media and Sport and Minister for Women and Equalities, on the Pre- Appointment Scrutiny of preferred candidate for Chair of EHRC, dated 1 October 2012 GEN (12-13), 025, Home Office s Information for applicants for the position of Non- Executive Chair of EHRC GEN (12-13) 026, Vacancy notice for the position of Chair of the EHRC GEN (12-13) 027, Application for Chairmanship of EHRC from Baroness Onora O Neill GEN (12-13) 028, Baroness Onora O Neill s Curriculum Vitae Ordered, That the following papers relating to the reform of the office of the Children s Commissioner be reported to both Houses for publication on the internet: CC (12-13) 012 Letter from Edward Timpson MP, Parliamentary Under Secretary of State for Children and Families, to the Chair CC (12-13) 013 Letter from Keith Towler, Children s Commissioner for Wales on behalf of Patricia Lewsley-Mooney, Northern Ireland Commissioner for Children and Young People and Tam Baillie, Scottish Commissioner for Children and Young People, to the Chair 2. ORAL EVIDENCE: APPOINTMENT OF THE CHAIR OF THE EQUALITY AND HUMAN RIGHTS COMMISSION Baroness O Neill of Bengarve, the Government s preferred candidate for the position, gave evidence. [Adjourned till Tuesday 16 October at 2.00pm]

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19 Tuesday 16 October pm Lord Faulks Baroness Kennedy of the Shaws Lord Lester of Herne Hill Baroness O Loan Rehman Chishti MP Mike Crockart MP 1. CONSIDERATION OF DRAFT REPORT: APPOINTMENT OF THE CHAIR OF THE EQUALITY AND HUMAN RIGHTS COMMISSION Draft Report (Appointment of the Chair of the Equality and Human Rights Commission) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the Third Report from the Joint Committee on Human Rights, Session , HL Paper 48/ HC ORAL EVIDENCE: JUSTICE AND SECURITY BILL Mr David Anderson QC, Independent Reviewer of Terrorism Legislation, gave evidence. 3. LEGISLATIVE SCRUTINY: DEFAMATION BILL The Committee discussed this matter. [Adjourned till Tuesday 23 October at 2.00pm] Tuesday 23 October pm Lord Faulks Baroness Kennedy of the Shaws Baroness O Loan Mr Dominic Raab MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION

20 Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 051, Letter to the Rt Hon Lord McNally, Minister of State for Justice, from the Chair BILLS (12-13) 048, Written evidence from Sir Daniel Bethlehem QC Ordered, That the following general papers be reported to both Houses for publication on the internet: GEN (12-13) 022, Letter from Esther McVey MP, Parliamentary Under Secretary of State and Minister for Disabled People GEN (12-13) 029, Letter from Rt Hon Lord McNally, Minister of State Ordered, That the following papers relating to the reform of the Office of the Children s Commissioner be reported to both Houses for publication on the internet: CC (12-13) 014, Letter from Maggie Atkinson, Children s Commissioner for England, Patricia Lewsley-Mooney, Northern Ireland Commissioner for Children and Young People, Keith Towler, Children s Commissioner for Wales, and Tam Bailie, Children s Commissioner for Scotland CC (12-13) 015, Written evidence from ADCS Ordered, That the following general papers relating to the implementation of the right of disabled people to independent living be reported to both Houses for publication on the internet: IL (12-13) 138, Letter from Esther McVey MP, Parliamentary Under Secretary of State and Minister for Disabled People Ordered, That the following Chair s correspondence be reported to both Houses for publication on the internet: Chair s Correspondence 017, Letter to Enver Solomom, Chair of the Standing Committee for Youth Justice, from the Chair Chair s Correspondence 020, Letter to Kamaljeet Gill, StopWatch, from the Chair 2. CONSIDERATION OF HEADS OF REPORT: JUSTICE AND SECURITY BILL The Committee discussed this matter. 3. LEGISLATIVE SCRUTINY: ENTERPRISE AND REGULATORY REFORM BILL The Committee discussed this matter.

21 [Adjourned till Tuesday 30 October at 2.00pm] Tuesday 30 October pm Lord Faulks Baroness Kennedy of the Shaws Baroness O Loan Rehman Chishti MP Mike Crockart MP Mr Dominic Raab MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following paper relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 052, Letter to Lord Wallace of Tankerness, Scotland Office, on the Justice and Security Bill, dated 23 October BILLS (12-13) 053, Letter from Helen Grant MP, Parliamentary Under-Secretary of State for Justice, on Government amendments for Lords committee state community sentencing and deferred prosecution agreements, dated 23 October BILLS (12-13) 054, Letter from Lord Henley, Minister of State, and Lord McNally, Minister of State, dated 30 July EXTRA CRIME AND COURTS DOC REFERENCE NEEDED Ordered, That the following general papers be reported to both Houses for publication on the internet: GEN (12-13) 030, Letter to the Rt Hon Theresa May MP, Secretary of State for the Home Office, on the EU police and criminal justice opt-out, dated 23 October GEN (12-13) 031, Written evidence from UNA-UK, UN Association of the UK, on the UK s Universal Periodic Review GEN (12-13) 032, Letter from Liberty on a proposal for an inquiry into the treatment of incapacitated persons Ordered, That the following papers relating to pre-appointment scrutiny of the new chair of the Equality and Human Rights Commission be reported to both Houses for publication on the internet:

22 PAH (12-13) 033, Letter from Maria Miller, Secretary of State for Culture, Media and Sport and Minister for Women and Equalities, dated 17 October Ordered, That the following papers relating to the reform of the office of the Children s Commissioner be reported to both Houses for publication on the internet: CC (12-13) 016, Written evidence from the Rights of the Child UK (ROCK) CC (12-13) 017, Written evidence from the Association of School and College Leaders (ASCL) CC (12-13) 018, Written evidence from the Association of Directors of Children s Services (ADCS) 2. CONSIDERATION OF HEADS OF REPORT: CRIME AND COURTS BILL The Committee discussed this matter. 3. THEMATIC INQUIRY: THE HUMAN RIGHTS OF UNACCOMPANIED MIGRANT CHILDREN AND YOUNG PEOPLE IN THE UK The Committee discussed this matter. [Adjourned till Tuesday 6 November at 2.00pm] Tuesday 20 November pm Lord Lester of Herne Hill Baroness O Loan Simon Hughes MP Mr Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 058, ILPA Comments on the Home Office/Ministry of Justice/Department for Transport response to questions by the JCHR, dated 2 November 2012 BILLS (12-13) 060, Letter to Baroness O Neill of Bengarve, Chair of the EHRC, dated 7 November 2012

23 BILLS (12-13) 063, Letter from the Rt Hon the Lord Wallace of Tankerness QC, Advocate General for Scotland, dated 7 November 2012 Ordered, That the following paper relating to reform of the Office of the Children s Commissioner be reported to both Houses for publication on the internet: CC (12-13) 019, National Children s Advocacy Consortium comments Ordered, That the following general papers be reported to both Houses for publication on the internet: GEN (12-13) 034, Letter from the Rt Hon Theresa May MP, Home Secretary, dated 7 November 2012 GEN (12-13) 035, Letter to the Rt Hon William Hague MP, First Secretary of State, Foreign and Commonwealth Office, dated 7 November 2012 GEN (12-13) 036, Letter to the Rt Hon Philip Hammond MP, Secretary of State for Defence, Ministry of Defence, dated 7 November 2012 GEN (12-13) 037, Letter to Damian Green MP, Minister of State for Policing and Criminal Justice, Home Office, dated 11 September 2012 GEN (12-13) 038, Letter from Damian Green MP, Minister of State for Policing and Criminal Justice, Home Office, 30 October CONSIDERATION OF DRAFT REPORT: CRIME AND COURTS BILL Draft Report (Legislative Scrutiny: Crime and Courts Bill) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the Fifth Report from the Joint Committee on Human Rights, Session , HL Paper 67/ HC CONSIDERATION OF HEADS OF REPORT: DRAFT CLAUSES ON THE OFFICE OF THE CHILDREN S COMMISSIONER FOR ENGLAND 4. RECENTLY CIRCULATED CORRESPONDENCE [Adjourned till Tuesday 27 November at 2.00pm] Tuesday 27 November pm

24 Lord Faulks Baroness Kennedy of the Shaws Lord Lester of Herne Hill Baroness O Loan Rehman Chishti MP Simon Hughes MP Mr Richard Shepherd MP Professor Kohli attended the meeting in his capacity as one of the Committee s Specialist Advisers in relation to its inquiry into the human rights of unaccompanied migrant children and young people in the UK 1. PAPERS FOR PUBLICATION Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 061, Written evidence from Professor Alastair Mullis and Dr Andrew Scott on the Defamation Bill BILLS (12-13) 062, Written evidence from HM Treasury on the Public Service Pensions Bill BILLS (12-13) 065, Letter from the Rt Hon Lord McNally, Minister of State, on the Defamation Bill, dated 15 November 2012 BILLS (12-13) 066, Written evidence from Professor Gavin Phillipson on the Defamation Bill BILLS (12-13) 067, Letter from Hubert Best, ENN Advokatbyra HB, on the Enterprise and Regulatory Reform Bill, dated 13 November 2012 Ordered, That the following general paper be reported to both Houses for publication on the internet: GEN (12-13) 042, Letter from the Rt Hon Chris Grayling MP, Lord Chancellor and Secretary of State for Justice, on Prisoner Voting, dated 22 November 2012 Ordered, That the following paper relating to the Committee s inquiry into the human rights of unaccompanied migrant children and young people in the UK be reported to both Houses for publication on the internet: UMC (12-13) 033, letter from the Chair of the Committee, Dr Hywel Francis MP, to the Home Secretary, the Rt Hon Theresa May 2. CONSIDERATION OF HEADS OF REPORT: DEFAMATION BILL 3. ORAL EVIDENCE: UNACCOMPANIED MIGRANT CHILDREN IN THE UNITED KINGDOM

25 Dragan Nastic, Domestic Policy and Research Officer, UNICEF UK; Sarah-Jane Savage, Senior Protection Associate, UNHCR UK; Ilona Pinter, Policy Adviser, Young Refugees and Migrants, The Children's Society; and Helen Johnson, Operations Manager, Children s Section, Refugee Council, gave evidence at 2.40pm. 4. RECENTLY CIRCULATED CORRESPONDENCE [Adjourned till Tuesday 4 December at 2.00pm] Tuesday 4 December pm Baroness Kennedy of the Shaws Baroness O Loan Rehman Chishti MP Simon Hughes MP Mr Richard Shepherd MP Professor Susan Nash attended the meeting as former Specialist Adviser to the Committee during its inquiry into extradition. 3. PAPERS FOR PUBLICATION Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 069, Letter to the Rt Hon Theresa May MP, Secretary of State for the Home Office, on the Police (Complaints and Conduct) Bill, dated 28 November BILLS (12-13) 070, Letter from Baroness O Neill, Chair of the Equality and Human Rights Commission, dated 21 November BILLS (12-13) 071, Letter from the Rt Hon Lord McNally on Government amendments for Lords Report Stage, dated 27 November BILLS (12-13) 072, Letter from the Rt Hon Damian Green MP, Minister for Policing and Criminal Justice, on the Police (Complaints and Conduct) Bill, dated 4 December Ordered, That the following general papers be reported to both Houses for publication on the internet: GEN (12-13) 043, Letter from the National Institute of Economic and Social Research, on the UK s Universal Periodic Review: Caste Discrimination GEN (12-13) 044, Letter from William Hague and Philip Hammond, Foreign & Commonwealth Office, dated 25 November

26 GEN (12-13) 045, Letter from the Rt Hon Lord McNally, Minister of State, on the EU (Approvals) Bill, dated 27 November Ordered, That the following papers relating to the Committee s inquiry into the human rights of unaccompanied migrant children and young people in the UK be reported to both Houses for publication on the internet: UMC (12-13) 045, Letter from Mark Harper MP, Minister for Immigration, on the JCHR evidence session on 27 November UMC (12-13) 034, Letter from the Rt Hon Lord McNally, Minister of State, on the JCHR evidence session on 27 November UMC (12-13) 035, Letter to the Rt Hon Michael Gove MP, Secretary of State for Education, on the unilateral withdrawal of departmental witness in JCHR evidence session on 27 November UMC (12-13) 036, Letter to the Rt Hon Chris Grayling MP, Secretary of State for Justice, on the unilateral withdrawal of departmental witness in JCHR evidence session on 27 November UMC (12-13) 037, Letter to the Rt Hon Andrew Lansley CBE MP, Leader of the House of Commons, on the unilateral withdrawal of departmental witness in JCHR evidence session on 27 November 4. EXTRADITION: GOVERNMENT RESPONSE 5. CONSIDERATION OF DRAFT REPORT: REFORM OF THE OFFICE OF CHILDREN S COMMISSIONER DRAFT CLAUSES Draft Report (Reform of the Office of Children s Commissioner: draft legislation) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the Sixth Report from the Joint Committee on Human Rights, Session , HL Paper 83/ HC CONSIDERATION OF DRAFT REPORT: DEFAMATION BILL Draft Report (Legislative Scrutiny: Defamation Bill) proposed by the Chair, brought up and read. The draft Report was agreed to: the Formal Minutes relating to the consideration of the Report are published in the Seventh Report from the Joint Committee on Human Rights, Session , HL Paper 84/ HC UNIVERSAL PERIODIC REVIEW: DRAFT LETTER

27 8. RECENTLY CIRCULATED CORRESPONDENCE [Adjourned till Tuesday 11 December at 2.00pm] Tuesday 11 December pm Simon Hughes MP Professor Kohli attended the meeting in his capacity as one of the Committee s Specialist Advisers in relation to its inquiry into the human rights of unaccompanied migrant children and young people in the UK 9. PAPERS FOR PUBLICATION Ordered, That the following general paper be reported to both Houses for publication on the internet: GEN (12-13) 047, Letter from the Rt Hon Theresa May MP, Home Secretary, on Immigration Rules, dated 4 December Ordered, That the following paper relating to the Committee s inquiry into the human rights of unaccompanied migrant children and young people in the UK be reported to both Houses for publication on the internet: UMC (12-13) 038, Letter from the Rt Hon Michael Gove MP, Secretary of State, dated 3 December 10. ORAL EVIDENCE: UNACCOMPANIED MIGRANT CHILDREN IN THE UNITED KINGDOM Maggie Atkinson, Children s Commissioner for England; Tam Bailie, Scotland s Commissioner for Children and Young People; Patricia Lewsley-Mooney, Northern Ireland Commissioner for Children & Young People; and Keith Towler, Children s Commissioner for Wales, gave evidence at 2.20pm. Alison Harvey, General Secretary, Immigration Law Practitioners Association; Baljeet Sandhu, Director, Migrant and Refugee Children s Legal Unit; and Kathleen Marshall, Independent Child Law Consultant and independent Chair to the Project Advisory Group for the Scottish Refugee Council guardianship pilot project, gave evidence at 3pm. 11. RECENTLY CIRCULATED CORRESPONDENCE

28 12. JUSTICE AND SECURITY BILL Commons members of the Committee agreed to seek a tag on the Order Paper for the debate in the Commons on the Second Reading of the Justice and Security Bill. [Adjourned till Tuesday 15 January at 2.00pm] Tuesday 15 January pm Lord Faulks Baroness Kennedy of the Shaws Lord Lester of Herne Hill Baroness O Loan Simon Hughes MP Sir Richard Shepherd MP 1. PAPERS FOR PUBLICATION Ordered, That the following papers relating to legislative scrutiny be reported to both Houses for publication on the internet: BILLS (12-13) 074, Letter and Submission from Dr Mark Porter, Chair of Council BMA, dated 12 December BILLS (12-13) 076, Letter from Edward Timpson MP, Parliamentary Under-Secretary of State for Children and Families, dated 19 December BILLS (12-13) 078, Letter to the Rt Hon Iain Duncan Smith MP, Secretary of State for Work and Pensions on the Welfare Benefits Up-rating Bill, dated 15 January BILLS (12-13) 079, Letter to the Rt Hon Iain Duncan Smith MP, Secretary of State for Work and Pensions on welfare reform, dated 15 January Ordered, That the following general papers be reported to both Houses for publication on the internet: GEN (12-13) 051, Letter from the Lord Ramsbotham, dated 5 December GEN (12-13) 055, Letter to the Rt Hon Theresa May MP, Home Secretary, dated 15 January GEN (12-13) 056, Letter to the Rt Hon Theresa May MP, Home Secretary, and the Rt Hon Chris Grayling MP, Lord Chancellor and Secretary of State for Justice, dated 15 January

29 Ordered, That the following papers relating to the Committee s inquiry into the human rights of unaccompanied migrant children and young people in the UK be reported to both Houses for publication on the internet: UMC (12-13) 046, Letter from the Rt Hon Chris Grayling MP, Lord Chancellor and Secretary of State for Justice, dated 5 December UMC (12-13) 047, Letter from the Rt Hon Andrew Lansley CBE MP, Leader of the House of Commons, dated 13 December UMC (12-13) 048, Follow up questions from UNICEF 2. LEGISLATIVE SCRUTINY: WELFARE BENEFITS UP-RATING BILL 3. FORTHCOMING BUSINESS AND FORWARD PROGRAMME 4. RECENTLY CIRCULATED CORRESPONDENCE [Adjourned till Tuesday 22 January at 2.00pm]

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