Part VOther provisions about the Assembly

Community law, human rights and international obligations

107Human rights

1

The Assembly has no power—

a

to make, confirm or approve any subordinate legislation, or

b

to do any other act,

so far as the subordinate legislation or act is incompatible with any of the Convention rights.

2

Subsection (1) does not enable a person—

a

to bring any proceedings in a court or tribunal, or

b

to rely on any of the Convention rights in any such proceedings,

in respect of an act unless he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.

3

Subsection (2) does not apply to the Attorney General, the Assembly, the Advocate General for Scotland or the Attorney General for Northern Ireland.

4

Subsection (1)—

a

does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section, and

b

does not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.

5

In this Act “the Convention rights” has the same meaning as in the Human Rights Act 1998 and in subsection (2) “the Convention” has the same meaning as in that Act.