Human Rights: UK Application

Debate between Lord Faulks and Lord Trimble

Wednesday 18th November 2015 Lords Chamber

[Lord Faulks]

The noble Baroness has particular expertise and knowledge of this area, and I defer to her knowledge, as it were, on the ground. The application of the law in relation to human rights should of course be common across England and Wales.

[Lord Trimble (Con)]

My Lords, I draw the Minister’s attention to the Dudgeon case, which concerned the legalisation of homosexuality. Mr Dudgeon was from Northern Ireland, where homosexuality was still an offence when it was not an offence elsewhere. He went to the European Court, which held that human rights must be uniform throughout the country. I think that that might be relevant here, too.

[Lord Faulks]

The question of uniformity is difficult. Although the European Court of Human Rights maintains certain core standards, it nevertheless acknowledges a margin of appreciation for all members of the Council of Europe. We may well feel that some countries respect these better than others, but unless there is a violation of a convention right, that is a matter for the individual country.