WEDNESDAY, JULY 25, 1990
THE CHIEF SECRETARY ALSO SAID THE PUBLIC EMERGENCY CLAUSE RETAINED AS IT WAS DESIRABLE THAT THERE SHOULD BE PROVISIONS ON CIRCUMSTANCES UNDER WHICH DEROGATION FROM THE BILL WOULD PERMISSIBLE, AS PROVIDED UNDER THE ICCPR.
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ON THE CRITICISM OF CLAUSE 6(1) OF THE WHITE BILL WHICH CHARACTERISED A BREACH OF THE BILL OF RIGHTS AS A TORT, SIR DAVID SAID THE GOVERNMENT BELIEVED THAT THERE WAS SOME FORCE IN THE ARGUMENT AND HAT 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," HE ADDED.
SIR DAVID NOTED THAT THE OBLIGATIONS OF INDIVIDUALS ΤΟ RACH OTHER PROPOSED IN CLAUSE 7 OF THE WHITE BILL HAD CAUSED CONCERN IN THE BUSINESS SECTOR.
"WE ACCEPT THAT THE CONCERNS ABOUT ARTICLE 14 ON RIGHTS TO PRIVACY ARE VALID BECAUSE, IN THE ABSENCE OF ANY SPECIFIC LEGISLATION, IT COULD BE COMMERCIALLY DISRUPTIVE," HE SAID.
"SINCE THE LAW REFORM COMMISSION IS STUDYING THE SUBJECT OF PRIVACY WITH A VIEW TO MAKING RECOMMENDATIONS FOR DETAILED LEGISLATION, WE HAVE CONCLUDED THAT THE APPLICATION OF THIS ARTICLE TO THE PRIVATE SECTOR SHOULD BE DEFERRED UNTIL SUCH LEGISLATION IS ENACTED. CLAUSE 7(3) AND (4) REFLECT THIS, THE CHIEF SECRETARY ADDED.
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"WE DO NOT, HOWEVER, ACCEPT THAT THE RIGHT ΤΟ FREEDOM OF EXPRESSION (INCLUDING THE FREEDOM TO SEEK, RECEIVE AND IMPART INFORMATION) IN ARTICLE 16 AND THE ANTI-DISCRIMINATION PROVISIONS IN ARTICLE 22 OF THE BILL WOULD ALSO BE DISRUPTIVE.
"THERE WOULD NOT SEEM TO BE MUCH SCOPE FOR CLAIMS AGAINST PRIVATE SECTOR UNDER THESE ARTICLES," SIR DAVID SAID.
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"AN INDIVIDUAL'S FREEDOM TO RECEIVE INFORMATION, FOR EXAMPLE, DOES NOT MEAN THAT DATA HELD BY A COMMERCIAL CONCERN MUST BE DISCLOSED TO HIM, OR INDEED THAT ANYBODY IS OBLIGED TO GIVE HIM THE INFORMATION HE SEEKS. ARTICLE 16 IS CLEARLY ABOUT PROMOTING AND PROTECTING FREE EXCHANGES OF IDEAS BETWEEN INDIVIDUALS, HE EXPLAINED.
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THE KIND OF ISSUES WHICH COULD ARISE UNDER THIS ARTICLE INCLUDE FREEDOM OF THE PRESS, LITERARY AND ARTISTIC SELF-EXPRESSION AND RESTRICTIONS ON OR MANIPULATION OF RADIO AND TV BROADCASTING,
ITS POTENTIAL FOR DISRUPTION IN THE BUSINESS COMMUNITY WAS HARD TO SEE, SIR DAVID SAID.
"THE APPLICATION