Alan Brown
Main Page: Alan Brown (Scottish National Party - Kilmarnock and Loudoun)Department Debates - View all Alan Brown's debates with the Attorney General
(8 years, 9 months ago)
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The Attorney General
I am not sure that there is much appetite anywhere in Europe for re-opening those negotiations. The hon. Gentleman might find that there are proposals coming from this Government to make our relationship with the charter of fundamental rights clearer, based on protocol 30 of the treaties, which, as he will be aware, was negotiated by a previous Government. The protocol makes it clear that the charter does not extend rights in this country. We will bring forward further proposals on clarifying that, and again he will have a good opportunity to discuss them when he sees them.
Alan Brown (Kilmarnock and Loudoun) (SNP)
3. What discussions he has had with his Cabinet colleagues on the compatibility of Government proposals on investigatory powers with EU law.
The Solicitor General (Robert Buckland)
I regularly meet ministerial colleagues to discuss important issues of common interest, including on EU law matters. I am unable to talk about any legal content of those discussions, because whether or not the Law Officers have given advice, by convention, is not disclosed outside Government.
Alan Brown
Recent judgments from the European Court of Human Rights, such as in Zakharov v. Russia, strongly suggest that the powers in the United Kingdom’s draft Investigatory Powers Bill could violate the European convention on human rights. What discussions has he had with his colleagues in the Home Office to ensure that powers provided for in the Bill are compatible with the convention?
The Solicitor General
I can assure the hon. Gentleman that in the most recent case in the Court of Appeal, in November last year, the provisional view was that the Data Retention and Investigatory Powers Act 2014 was not inconsistent with EU law. A reference has been made to the Court of Justice of the European Union. I will not comment on that particular case, but I can assure him that when it comes to issues of compatibility, anxious consideration is always given to ensure that legislation here is in accord with the rule of law.