European Convention on Human Rights

Lord Singh of Wimbledon Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the United Kingdom remains bound by Article 46 of the convention. In the unlikely and relatively rare event, let it be hoped, that the United Kingdom is found in breach of the convention, it will be a matter of political discussion and settlement in the context of the Committee of Ministers, as has happened from time to time in the past—for example in relation to prisoner voting. That situation remains unchanged. It is the Government’s view that, within this framework, we are achieving a better balance in the mechanics of the convention rather than the fundamental principles.

[Lord Singh of Wimbledon (CB)]

My Lords, would the Minister agree that, by definition, there can be no hierarchy of human rights and they should be exactly the same whether for those in Europe or Britain, or for those seeking refuge and asylum in small, leaky boats?

[Lord Bellamy (Con)]

My Lords, the convention recognises a margin of appreciation and the principle of subsidiarity as to how each of the member states implements their duties under the convention. There is no hierarchy as such, but there are going to be variations in the way those rights are secured. In particular, this Bill redefines and promotes the right to freedom of speech, which lies at the heart of our democracy.