Human Rights: Vinter and Others v United Kingdom

Debate between Lord Tomlinson and Lord McNally

Tuesday 29th October 2013 Lords Chamber

[Lord Tomlinson (Lab)]

Does the noble Lord accept that the longer we vacillate on this, the longer we appear to be in conflict with the European Court of Human Rights and the worse our reputation is becoming among the other member states of the Council of Europe? Justice in this case should not be delayed any longer. We should comply with the 16-to-one decision. Then we will have the moral authority to talk about the importance of other people abiding by the European convention.

[Lord McNally]

The noble Lord knows that I agree with him that it is very important that we co-operate with the court and that we take the commanding heights in terms of defending human rights. We have throughout our history set a good example and I want us to continue to do so.

Whole-life Sentences

Debate between Lord Tomlinson and Lord McNally

Wednesday 17th July 2013 Lords Chamber

[Lord McNally]

There are a number of architects; Sir David Maxwell Fife was a notable originator. However, what the noble Lord said is absolutely right. That is precisely why, given the importance of this judgment, we intend to give it a full analysis and will provide our considered response in due course.

[Lord Tomlinson]

Does the Minister agree that we do incredible damage to our international reputation for upholding the rule of law when, every time we get a judgment from the European Court of Human Rights, there is a knee-jerk reaction from Members in another place, calling for us to abrogate our responsibilities under the European convention?

[Lord McNally]

My Lords, that is why my Answer to this House is that we are making a full analysis of the judgment and will provide our considered response in due course.

European Convention on Human Rights

Debate between Lord Tomlinson and Lord McNally

Thursday 7th March 2013 Lords Chamber

[Lord McNally]

My noble friend asks a helpful question in putting this matter into perspective. My right honourable friend the Foreign Secretary has quite rightly made human rights, and Britain’s championing of human rights, part of his soft diplomacy strategy. It has been greatly to his credit and to the credit of the United Kingdom. It is important that we have a record that we can be proud of when we look at other regimes and criticise them about their human rights record.

[Lord Tomlinson]

The Minister gave an unequivocal Answer to the Question about withdrawal. However, can he be equally unequivocal about any plans to dilute the application of the European Convention on Human Rights to things where there is a conflict between the judgment of the court in Strasbourg and the view of a Government in the House of Commons?

[Lord McNally]

My Lords, I think that “dilute” is the wrong word. As the noble and learned Lord, Lord Neuberger, pointed out in his interview the other day, the relationship between our Supreme Court and the Strasbourg court is a healthy one of learning from each other and looking at each other’s jurisprudence as it develops. What we have been doing, and one of the proudest things I have been involved in as a Minister, was the Brighton conference on the workings of the court which looked at how we can build in a subsidiarity to take notice of the importance of national supreme courts while still retaining the strength and the moral authority of the European Convention on Human Rights.

Prisoners: Voting

Debate between Lord Tomlinson and Lord McNally

Wednesday 6th July 2011 Lords Chamber

[Lord Tomlinson]

The noble Lord speaks very clearly and enthusiastically about our responsibilities of adherence to the European Convention on Human Rights. Instead of concentrating so much on this micro case of prisoner voting, will he concentrate equally on the macro problem of making the court work? The biggest problem at the European Court of Human Rights is the backlog of cases—over 100,000 cases—and the real reason for the backlog is because the court is being starved of money by the members who have to finance it. Will he make sure that that problem is now seriously addressed so that the court can get on with its real work on the big scale?

[Lord McNally]

I am not sure I entirely agree that it is simply a lack of money or budget. I know that the noble Lord has made this point about the financing of the court before, but that is why my right honourable friend the Lord Chancellor has made this such an important part of our presidency of the Council of Europe; as the noble Lord says, any court that has a backlog of over 100,000 cases ain’t working. We are going to do our best, and we are gathering support for the idea of trying, to get some fundamental reform of the court.

Financial Provision for Members

Debate between Lord Tomlinson and Lord McNally

Monday 28th June 2010 Lords Chamber

[Lord Tomlinson]

No, this side!

[Lord McNally]

I hope that we can be sensible about this.

[Lord Tomlinson]

My Lords—

[Noble Lords]

Order!

[Lord McNally]

Clearly the noble Lord is not going to be sensible about it. Let him go on.

[Lord Tomlinson]

Is the noble Lord aware that there was unanimity in the Wakeham committee right up to the point of our last meeting? At that meeting, the idea of a flat-rate allowance was introduced. As a result of that discussion, I entered a footnote of reservation to the Wakeham committee report, because I do not think that considering that flat-rate allowance fitted with the mandate of the House, which was to work within the structure and architecture of the SSRB report. There was no such reference in the SSRB report, hence my note of reservation. The particular reasons for there being dissent also in the detail will come out in the debate, but let it not be said that the idea fitted in with the architecture and the principles of the SSRB report. That is why there is a note of reservation.