European Court of Human Rights

Lord Morgan Excerpts

Wednesday 25th October 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I have stated the Government’s position, which is that we are members of the convention, and that is also reflected in the Good Friday agreement and the trade and co-operation agreement with the EU. There is no change in that position, and the statements to which the noble Lord refers do not reflect the position of the Government.

[Lord Morgan (Lab)]

My Lords—amazing! There were no interruptions. I very strongly support the Question asked by my noble friend Lord Foulkes, who is in effect asking the British Government to obey the law made by Conservative Governments of which the Prime Minister was Sir Winston Churchill. Is not it extraordinary that Cabinet Ministers are flouting the law and, in effect, forcing their own Government to break their word?

[Lord Bellamy (Con)]

My Lords, respectfully I do not accept that the Government are flouting the law. The United Kingdom has the lowest per capita number of cases in front of the court of human rights. We represent 0.1% of the court’s caseload. As the noble Lord, Lord Foulkes, said a moment ago, it is very important to encourage other countries to obey the law. We continue to play a very large part in the convention and in the Council of Europe, and we support its work across the board. I just add that the situation has changed very significantly since the aftermath of the Second World War, when Sir Winston led that particular initiative. One has to bear in mind that institutions must respond to international changes and developments.

Domestic Abuse: Defence for Victims who Commit an Offence

Lord Morgan Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Bellamy (Con)]

The Government are well aware of the effects of alcohol on the whole problem of domestic abuse, but I am afraid I cannot comment on the forthcoming Budget.

[Lord Morgan (Lab)]

My Lords—

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords—

[Lord Morgan (Lab)]

It is a privilege for a Back-Bencher to be allowed to speak. One of the important bodies that takes a keen interest in this area and gathers a great deal of evidence is Victim Support. Can the Minister kindly tell us what kind of relationship or connection the Government have with that body?

[Lord Bellamy (Con)]

As far as I know, the Government work as closely as they can with all organisations, including the one that the noble Lord mentions.

Human Rights Act 1998

Lord Morgan Excerpts

Thursday 14th July 2022 Lords Chamber

[Lord Morgan (Lab)]

My Lords, like I think every previous speaker in the debate, I regard the repeal of our Human Rights Act as a backward and indeed reactionary step which would greatly harm this country. Only one other country in Europe, Belarus, has hitherto repealed human rights legislation, and I do not think we particularly want to keep company like that.

It is worth pointing out, as have various other speakers, that it is a concept with a great deal of all-party consensual agreement. The initial pressure for the European Convention on Human Rights came from no less a figure than Winston Churchill, although I do not think that it figures too prominently in the current Prime Minister’s work on that great man. The charter was written largely by Sir David Maxwell Fyfe, with the assistance of Sir Samuel Hoare, and much valuable work was done by the Society of Conservative Lawyers—I gather that the noble Lord opposite is a member, and I congratulate him—which pressed for the European convention to be enforced and incorporated into domestic law. The original movement towards having a European charter was of course under the aegis of Ernest Bevin, Labour’s Foreign Secretary. The Liberals were always very enthusiastic for this, as were the nationalist parties of Scotland and Wales. It would be extraordinary and tragic if Britain were the first country to withdraw its signature from this Act.

Many noble Lords have pointed out how minorities, people with very little power or authority of their own, have required the assistance of the Human Rights Act. In what is left of my five minutes, I would like to point out, as my noble friend Lord Murphy did, the damage this policy will do to the unity of the United Kingdom. If we continue with it, we will be a very disunited kingdom. The Scottish Parliament and Scottish legal system are deeply intertwined with the human rights charter and the general concept of human rights. The Scottish Human Rights Commission is very active and, as my noble friend Lord Murphy pointed out, drawing on his own matchless experience, this policy is extraordinarily damaging in Northern Ireland at a time when, with its Sinn Féin Government, it is on the cusp of a very perilous period in its history. In Scotland there is now a serious proposal for a referendum on independence. This is a gratuitous and quite unnecessary way of juxtaposing different visions of justice and therefore throwing relationships within these islands back into conflict. Wales is less closely involved because Welsh jurisdiction is not devolved, which I regret. The report by the noble and learned Lord, Lord Thomas of Cwmgiedd, argues strongly for that; even so, human rights legislation has, for example, has been involved in the advancing of the Welsh language.

This is not a serious proposal. There are grounds for looking at the British constitution, but this is not one of them. It is taken out of a spirit of revenge. It is trying to deal with opponents, institutions and individuals who have opposed this Government and it is a policy taken for the wrong reasons. We have a Government who are close to the point of collapse, and a Prime Minister who has already passed that point. It is tragic that the result of these confusions and misunderstandings is that humane freedom, a staple of British culture—I am tempted to say of British civilisation—is now threatened. I hope very much that your Lordships’ House will reject this.