1991-06-05 07:38 G.1.5
"NEVERTHELESS, GENERAL
P.00 65
OF
THE
CONCERN, ESPECIALLY THAT FINANCIAL AND BANKING COMMUNITY, REMAINS ABOUT THE LEGAL UNCERTAINTY CREAT BY APPLYING THE BILL TO THE PRIVATE SECTOR, AND IT HAS BEEN EMPHASISED THAT CERTAIN AREAS OF CONDUCT BETWEEN INDIVIDUALS AND PRIVATE BODIES COVERED BY THE BILL LEND THEMSELVES TO DETAILED LEGISLATION, RATHER THAN TO THE BROAD PROVISIONS OF CERTAIN ARTICLES OF THE INTERNATIONAL COVENANT.
"THE AD HOC GROUP HAVE EXPRESSED THEIR WISH FOR SOME SOLUTION TO BE PUT FORWARD TO ALLAY SUCH CONCERN," SIR DAVID SAID.
HE POINTED OUT THAT THE ADMINISTRATION ACCEPTED THERE WAS NOTHING IN THE COVENANT WHICH REQUIRED STATE PARTIES TO IMPOSE OBLIGAT LONS UPON, AND ENABLE CLAIMS TO BE MADE AGAINST, INDIVIDUALS THROUGH THE VEHICLE OF A BILL OF RIGHTS.
"CLAUSE 7 OF THE BILL IS UNUSUAL AND BILLS OF RIGHTS USUALLY APPLY ONLY TO GOVERNMENTS AND PUBLIC AUTHORITIES.
IN THESE CIRCUMSTANCES AND IN VIEW OF THE CONCERN EXPRESSED, THE ADMINISTRATION HAS RE-EXAMINED THE NEED FOR AND DESIRABILITY OF PROVIDING FOR INTER- CITIZEN RIGHTS UNDER THE BILL OF RIGHTS.
"WE NOTE PARTICULARLY THAT FEARS ABOUT THE UNCERTAIN EFFECTS OF THE BILL OF RIGHTS COULD UNDERMINE THE VERY CONFIDENCE THAT THE BILL WAS DESIGNED TO STRENGTHEN," HE SAID.
HE NOTED THAT THERE WERE TWO BROAD OPTIONS WHICH MIGHT ADDRESS THIS CONCERN: EITHER TO DEFER THE APPLICATION OF THOSE PARTICULAR ARTICLES MOST LIKELY TO AFFECT INTER-CITIZEN RELATIONSHIPS, OR TO TAKE OUT ALL DIRECT INTER-CITIZEN RIGHTS FROM THE BILL OF RIGHTS.
"WE PREFER THE LATTER APPROACH. IT IS TIDIER, AND WILL AVOID UNCERTAINTY AS TO WHICH ASPECTS OF CONDUCT ARE COVERED AND WHICH
THE ARE NOT.
IT ALSO MEETS THE MAIN OBJECTIVE OF ANY BILL OF RIGHTS, NAMELY, TO CATER
CATER FOR VIOLATIONS OF FUNDAMENTAL RIGHTS BY THE GOVERNMENT AND PUBLIC AUTHORITIES.
WE THEREFORE AGREE TO EXCLUDE FROM THE OPERATION OF BILL OF RIGHTS ALL INTER-CITIZEN RIGHTS AND OBLIGATIONS, AND THAT THE ORDINANCE SHALL BIND ONLY THE GOVERNMENT AND ALL PUBLIC AUTHORITIES,' THE CHIEF SECRETARY SAID.
NOTING THAT THE QUESTION WHICH HAD, QUITE NATURALLY, FOLLOWED THE DECISION TO EXCLUDE INTER-CITIZEN RIGHTS CONCERNED THE ALTERNATIVE STEPS PROPOSED TO CATER FOR THE
THE PROTECTION OF INFRINGEMENT BY INDIVIDUALS OF THE RIGHTS OF OTHER INDIVIDUALS, SIR DAVID SAID: "IN THE SPHERE OF CIVIL LIBERTIES, THE CATEGORIES OF PRIVATE INFRINGEMENT WHICH CALL FOR PARTICULAR ATTENTION IN MOST JURISDICTIONS ARE THOSE RELATING TO PRIVACY AND DISCRIMINATION.
AS TO THE FORMER, THE LAW REFORM COMMISSION IS ALREADY WELL ADVANCED WITH ITS COMPREHENSIVE STUDY OF PRIVACY, WITH A VIEW ΤΟ MAKING RECOMMENDATIONS FOR DETAILED LEGISLATION.
"THE
OF THE
ADMINISTRATION HAS ALREADY STARTED CONSIDERATION QUESTION OF DISCRIMINATION IN CONNECTION WITH ITS STUDY ON THE APPLICATION OF THE UNITED NATIONS CONVENTION FOR THE ELIMINATION OF
FORMS OF DISCRIMINATION AGAINST WOMEN.
ALL
THE LEGAL, SOCIAL AND ECONOMIC IMPLICATIONS OF DETAILED ANTI- DISCRIMINATION LEGISLATION ARE COMPLEX AND THEY NEED TO BE CAREFULLY STUDIED BEFORE A MATURE DECISION CAN BE TAKEN. WE WOULD WISH TO REACH AN INFORMED POLICY POSITION ON THE BASIS OF DETAILED STUDIES, HE SAID.
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