European Convention on Human Rights: Protocol 12

Debate between Lord Ponsonby of Shulbrede and Baroness Blower

Monday 2nd June 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

The way that I will answer my noble friend is by saying that we continue to keep the case law of the European Court of Human Rights in respect of Protocol 12 under review, but we remain unconvinced of the benefits of ratification. The United Kingdom is not an outlier in this regard. The protocol was open for signature nearly 25 years ago, yet fewer than half the member states of the Council of Europe have ratified it. Nevertheless, I take the noble Lord’s opening point that we need to keep these matters under review. There are indeed widespread attacks on democracy and our way of life across the world, and that reinforces the Government’s view about keeping these matters under review.

[Baroness Blower (Lab)]

My Lords, if the Government are not yet prepared to sign up to Protocol 12, will they give a commitment to address the rights and protections afforded by the Equality Act—all the rights and protections—ensuring that all the protected characteristics are equally enforced and protected, especially in light of the confusing and confused narratives around the recent Supreme Court judgment?

[Lord Ponsonby of Shulbrede (Lab)]

I say to my noble friend that I think the Supreme Court judgment made the situation clearer, not less clear. The nine protected characteristics within the Equality Act are all important in themselves. It is within the Equality Act that gender reassignment is recognised. People who are trans and who have gender recognition certificates have protected characteristics, and it is for the courts to work out in due course how those will manifest themselves.

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[Lord Ponsonby of Shulbrede (Lab)]

The fact of the matter is that we are seeing the law develop in these areas. We have had the Supreme Court judgment. I and the Government believe that the Equality Act is working well, and there will be development in law in this matter going forward. It is also right that there is very little common law associated with Protocol 12 for those states that have signed up to it. So, as I said, the Government are keeping an eye on this matter, but at present they do not believe that it is right to sign up to Protocol 12.

[Baroness Blower (Lab)]

My Lords, will the Government then give a commitment to bring forward, as a matter of urgency, proposals outlined in the Labour manifesto and based on the Law Commission’s recommendations to widen hate crime law, including a widening on aggravated offences?

[Lord Ponsonby of Shulbrede (Lab)]

My noble friend will know that relevant Bills are coming to the House of Lords imminently. There are various provisions in those that are widening the protection of victims. On hate crime law, there are various measures in the Bills within that. But, if my noble friend wants to make specific suggestions, she is welcome to approach me as these Bills come forward to the House of Lords.