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jurisdictions relating to the ICCPR to help interpret and
apply the Bill of Rights. We have therefore decided it is
unnecessary to retain Clause 2 (3)(b) of the White Bill.
13.
During the public consultation, a number of
representations asked whether it was necessary to include
a public emergency clause. We have retained the Clause as
it is desirable that there
there should be provisions on the
circumstances under which derogation from the Bill will be
permissible, as provided under the ICCPR.
14.
There has been criticism on Clause 6(1) of the
White Bill which characterised a breach of the Bill of
Rights as a tort. Some people argued that a tort action,
which if successful normally leads to a remedy in damages,
would be inappropriate in some cases for a breach of Bill
of Rights. We believe that there is some force in the
argument and have now deleted this provision. In our
view, Clause 6 as now drafted is sufficient to enable
courts and tribunals to grant an effective remedy in
respect of breaches of the Bill of Rights and will enable
damages to be awarded when it is appropriate and just to
do so.
15.
The obligations of individuals to each other
proposed in Clause 7 of the White Bill have caused concern
in
the business
sector.
They have reservations as to