European Convention on Human Rights

Viscount Hailsham Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

I thank the House for its welcome. As the House knows, this afternoon we have an Oral Statement during which we can go into some of these questions in more detail. If I may at this stage confine myself to general terms, the Government’s view is that this Bill will strengthen our human rights framework in this country, in particular—and these are the key words I would like to introduce—by introducing a better balance in the human rights framework, a better balance between the judiciary and the legislature, a better balance between UK judges and Strasbourg, and a better balance between rights and obligations. We stay in the convention; the rights in the convention are still there in UK statute; but we seek to rebalance and clarify, in the words of the Act, and thereby restore public confidence in our human rights framework.

[Viscount Hailsham (Con)]

My Lords, I also welcome my noble and learned friend to his present place; he is very welcome. Would he agree that in a parliamentary democracy there is a great deal to be said for leaving to the Supreme Court of this country the ultimate interpretation of the meanings of rights and their applications? If Parliament happens to disagree with that interpretation, Parliament can reverse or modify it, whereas if the ultimate arbiter is the European court, that is not possible. Is that not a serious democratic deficit?

[Lord Bellamy (Con)]

My Lords, I respectfully agree with my noble friend.