L
ป
relating
nhe ICCPR to help interover and apply the Bill ot
ac
Nights, We have therefore decided at le unnecessary to retain
Clause 213)(b) of the White Bill.
13.
During Che public consnitation,
aumber Di
representations asked
whother it vas neceseazY to incluce
pubile emergency clause.
We have retained the Clause as
should be provisions on the
iesirable that there
ircumstances under which derogation from the Bill will be
permissible, as provided under the ICCPR.
14.
tort.
We
There has been criticism on Clause 6(1) of the White
Bill which characterised a breach of the Bill of Rights as &
Some people argued that a tort action, Watch i
successful normally Leads to a remedy in damages, would be
inappropriate in some cases for a breach of Bill of Rights.
believe that there is some force in the argument and have
now deleted this provision. In our view, Clause 5 as how
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.
drafted is
15.
The
obligations of inaividuals to each other proposed
in Clause 7 of the White Bill have caused concern in the
business sector.
They have
reservations as to whether the