European Convention on Human Rights
373.The Local Government Act 2003 is considered to be compatible with the European Convention on Human Rights. In summary:
Parts 4 and 5 - the Convention could be relevant to the Business Improvement Districts and business rates provisions in the Act, but there are grounds for considering each of these objectively and reasonably justified.
Part 6 - all tax proposals touch on property rights protected under the Convention. Provisions giving authorities discretion over council tax discounts in their areas could mean persons in otherwise similar circumstances but living in different areas paying different amounts (possibly discrimination within Article 14). However, the proposals are justified in the public interest and proportionate to policy aims.
Part 6 – section 85 allowing council tax data sharing for empty homes purposes, touches on the right to respect for family and private life. However, it is not considered to constitute an interference with that right and even if it does, it is justified and proportionate to policy aims relating to the economic well-being of the country.
Part 8 – the Convention touches on the provisions for charging and trading. These are considered to be proportionate and justified in the wider public interest because they will enable authorities to make better use of their assets and improve the delivery of public services.
Part 8 – if Valuation Tribunals are held to determine civil rights, the provisions in the Act that make the administrative support systems independent of Office of the Deputy Prime Minister will improve the compatibility of the Valuation Tribunals with Article 6 of the Convention.
The following sets out the dates and Hansard references for each stage of this Act’s passage through Parliament.
| Stage | Date | Hansard Reference |
|---|---|---|
| House of Commons | ||
| Introduction | 25 November 2002 | Col 46 |
| Second Reading | 7 January 2003 | Vol 397 Col 45 – 141 |
| Committee | 21 + 23 January 2003 | Hansard Standing Committee A |
| 28 +30 January 2003 | ||
| 4 + 6 February 2003 | ||
| 11 + 13 February 2003 | ||
| Report and Third Reading | 5 + 10 March 2003 | Vol 400 Col 821 – 930 |
| Vol 401 Col 40 – 130 | ||
| House of Lords | ||
| Introduction | 11 March 2003 | Vol 645 col 1291 |
| Second Reading | 3 April 2003 | Vol 646 Col 1515 - 1559 |
| Grand Committee | 2 + 4 June 2003 10 +11 June 2003 16 + 17 June 2003 23 + 24 June 2003 | Vol 648 Col GC 55 116 Vol 648 Col GC 181 –248 Vol 649 Col GC 47 – 112 Vol 649 Col GC 113 – 178 Vol 649 Col GC 179 – 222 Vol 649 Col GC 223 – 286 Vol 650 Col GC 1 – 58 Vol 658 Col GC59 – 112 |
| Report | 10 + 16 + 17 July 2003 | Vol 651 Col 478 – 547 |
| Vol 651 Col 892 – 964 | ||
| Vol 651 Col 976 –1009 | ||
| Third Reading | 10 September 2003 | Vol 652 Col 300 – 395 |
| House of Commons | ||
| Commons Consideration of Lords Amendments | 15 September 2003 | Vol 410 Col 594 – 692 |
| House of Lords | ||
| Lords Consideration of Commons Reasons and Amendments | 17 September 2003 | Vol 652 Col 917 – 937 |
| House of Commons | ||
| Commons Consideration of Lords Amendment | 17 September 2003 | Vol 418 Col 1021 - 1039 |
| House of Lords | ||
| Lords Consideration of Commons Reason | 18 September 2003 | Vol 652 Col 1078 -1081 |
| Royal Assent – 18 September 2003 | House of Lords Hansard Vol 652 Col 1139 |
| House of Commons Hansard Vol 410 Col 1122 |