“…cially in this highly sensitive area, are best left to Parliament. As Lord Woolf said in Poplar Housing and Regeneration Community Association Ltd v O’Donoghue [2002] QB 48, “section 3 [of the 1998 Act] does not entitle the court to legislate”.…”
“… the legislation would be incompatible with the Convention rights. In Poplar Housing and Regeneration Community Association Ltd v Donoghue [2001] EWCA Civ 595; [2002] QB 48, Lord Woolf CJ said, at para. 75, that courts should always first ascertain whether, in the absence of section 3, there would be any breach of the Convention. …”
“… section 3 of the HRA were there an incompatibility with a Convention right: see Poplar Housing and Regeneration Community Association Ltd [2001] EWCA Civ 595; [2002] QB 48, at para. 75, in particular at sub-para. (a) (Lord Woolf CJ).…”