History of the creation of the European convention of HR:

• The Entrenched nature of the HRA and Northern Ireland devolution settlemen:

  Northern Ireland was granted devolved power by the Northern Ireland Act 1998, which established an Assembly with law-making

  powers. The Act provides in s.7 that the HRA 1998 cannot be modified by an Act of the Assembly or by any subordinate legislation.
• Devolution


  The transfer of power from a central government to a regional or local authority
• Devolution settlements for Wales

  • Wales was granted devolved law-making powers by the Government of Wales Act 2006
  • The Welsh Assembly (now Welsh Parliament) was established
• Incompatibility with ECHR rights

  1. S.108 - An Assembly Act which is incompatible with ECHR rights is outside legislative competence of the National Assembly, making it invalid

  2. S.81 - Welsh ministers have no power to make, confirm or approve any subordinate legislation or to do anything incompatible with the ECHR rights

  3. Welsh ministers must not in exercising their functions breach ECHR rights
• The entrenched nature of the HRA & devolution settlements for Wales
• Which govermen introduled the Human RightsAct to pariament?

  The labour government in 1997.