European Convention on Human Rights: 75th Anniversary

Baroness Chapman of Darlington Excerpts

Thursday 20th March 2025 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, I thank the noble Lord, Lord Wolfson, for that speech. It is good to see him, and I am very sorry to have learned of the death of his father recently—may his memory be a blessing. I enjoyed the noble Lord’s speech very much. I did not agree with some of it, but he is always entertaining and speaks with passion.

I would gently say on the issue of immigration, about which I argued with very many Ministers over the 14 years we enjoyed in opposition, that the previous Government completely lost control of the system. They had an expensive distraction with Rwanda. There was no co-ordination across Whitehall and minimal engagement with foreign Governments on the topic. I wonder what some of the Ministers were doing: they made speeches about immigration but then did precious little to deal with the problem. What the noble Lord says about the ECHR may or may not be right but there were so many other things that could and should have been done that were not, so we have plenty to do when it comes to tackling immigration before we get to ECHR reform.

Having said all that, I want to thank the noble Lord, Lord Alton. He has inspired many people, inside and outside this Chamber, over very many years. I thought he set out his argument most convincingly and I thank him for securing this debate.

I begin by completely reinforcing the assertion from the noble Lord, Lord Lilley, that we always start with history; yes, we often do. I will begin not as far back as the right reverend Prelate the Bishop of St Albans with the 10 commandments, but with March 1951 when the UK became the first country to ratify the European Convention on Human Rights—the ECHR. Signed in Rome on 4 November 1950, it came into force in the United Kingdom in 1953. Although some commentators would have us believe that the ECHR was imposed on us unwillingly by our neighbours, this is not the case.

In response to the horrors of the Second World War, which engulfed the world in a generation, Winston Churchill was a leading proponent of the Council of Europe, which made this convention the first order of business. Indeed, I know that the Lord Speaker and many of my noble colleagues recently commemorated the historic moment when the treaty that led to the creation of the Council of Europe was signed at St James’s Palace in 1949. I recognise the contributions made by Members of both Houses who serve on the delegation to the Parliamentary Assembly of the Council of Europe under the able chairmanship of the noble Lord, Lord Touhig.

Furthermore, a British Conservative MP and lawyer, David Maxwell Fyfe, played a leading role in drafting the convention. The pioneering Labour Foreign Secretary Ernest Bevin was active in shaping the convention, and the first president of the European Court of Human Rights was British too, Arnold McNair—Lord McNair.

The Government are proud of Britain’s role in the formation of the European Convention on Human Rights, and of all that it has made possible for our individual rights and freedoms in the decades since. That spans everything from forming an important pillar of the devolution settlements to underpinning guarantees in the Belfast/Good Friday agreement, and supporting the safety and security of British citizens by facilitating cross-border law enforcement and judicial co-operation in the trade and co-operation agreement.

Yet so much of what the ECHR does for us goes unsung, precisely because so much of it sounds so abstract. So, noble Lords have today shone a light on some of the ways it has made a difference to the lives of people across our country for decades by reminding us of some of those stories. My noble friend Lady Chakrabarti explained movingly the impact of the convention on victims of sexual violence. My noble friends Lady Kennedy and Lady Goudie, the noble Lord, Lord Sandhurst, and the noble Baroness, Lady Ludford, reminded us how central the ECHR is to stability in Northern Ireland. My noble friend Lord Rook spoke about freedom of religion and belief. The noble Lord, Lord Cashman, spoke about how the ECHR has literally changed his life. My noble friend Lord Hendy reminded us of the impact of the convention on trade union activity.

We also considered the abolition of corporal punishment in the UK. In 1982, it was an ECHR ruling that put an end to schoolchildren being beaten against their parents’ wishes and paved the way for the eventual abolition of corporal punishment in all state and private schools in the UK. There is also the status of homosexuality in Northern Ireland. Male homosexual acts were a crime in Northern Ireland until 1982, yet a human rights case brought to the ECHR by a gay rights activist from Belfast argued that the criminal law in Northern Ireland amounted to an unjustified interference with his right to respect for his private life. It was rightly decriminalised.

Then there is the duty of states to protect the right to life. The families of the 97 football fans who lost their lives in the 1989 Hillsborough disaster relied on that right while they campaigned for the truth to obtain a new inquest, which concluded that the fans were unlawfully killed. There is also the lifting of the ban on LGBT people joining the military, following a landmark case in 2000 brought by two British servicemen who had been dismissed from the army simply for being gay. The law changed, allowing members of the Armed Forces to be open about their sexuality.

Then there is the protection of religious belief in the workplace. When an employee of British Airways wore a small cross around her neck as a sign of her religious faith, she was suspended from work without pay because the cross violated its uniform policy. Yet, in 2013, the ECHR ruled that this was an unreasonable interference with this woman’s right to freedom of religion, leading to a change in relevant standards in the UK.

Indeed, the ECHR continues to provide protections to the rights of British citizens at home and abroad. Only last month the court ruled that the Cypriot authorities had failed a British woman who alleged that she had suffered horrific sexual violence in Cyprus in 2019, finding that there had been a lack of effective investigation and a violation of her right to respect for a private and family life.

These stories remind us of just a few of the ways our country and our people have benefited from the protections of the European Court of Human Rights over the years. It is important that, as well as applying the law consistently and working in partnership with others well beyond our continent, we tell these stories.

Sadly, there are some who seek to paint a picture of the UK constantly under attack by the European Court of Human Rights. I am not saying that that is what the noble Lord opposite did today—his comments were considered—but it is worth noting too that the UK has one of the lowest rates of applications to the court per million inhabitants, as the noble Lord, Lord Thomas, said. Last year, only one adverse judgment was given, finding one violation against the UK.

The Human Rights Act, which a Labour Government put in place, gives effect to the ECHR in UK law. It was wonderful to hear the recollection from the noble and learned Baroness, Lady Hale, of the Queen’s Speech that made this announcement. It is an important part of our constitutional arrangements and fundamental to human rights protections in the UK.

Of course, no organisation is perfect; neither the ECHR nor the European Court of Human Rights is static or frozen in time. The ECHR is a living instrument that evolves in response to emerging challenges and challenging times. The European Court of Human Rights has shown itself to be open to change. Indeed, during the UK’s presidency in 2012, Council of Europe member states adopted a substantial package of reform measures, and only last year, the European Court of Human Rights introduced more fairness and accountability into its approach to interim measures following consultation with member states. There is one accepted principle of dialogue between national courts and the European Court of Human Rights, through which the UK continues to influence the direction and impact of the ECHR. Our respect for the rule of law domestically and internationally is profound, as we are demonstrating through our actions. That is more important than ever at a time where we have been dealt a stark reminder of what is at stake for all of us.

The noble Earl, Lord Dundee, asked about development and education. I can confirm our commitment and support along the lines of his comments, and partnerships in higher education. He put a helpful question. The noble Lord, Lord Clement-Jones, invited me to talk about AI regulation. He will forgive me if I do not, but I am sure that a DSIT Minister will be along very shortly and will be happy to take his questions on that.

There are things that we all need for a good life: security, prosperity, equality, human rights and the rule of law. I am afraid I differ from the noble Lord, Lord Faulks, but I agree with many noble Lords, including the noble Lords, Lord Griffiths, Lord Carter, Lord Balfe, Lord Hannay, the noble Baroness, Lady Ludford, and the noble and learned Lord, Lord Neuberger. As my right honourable friend the Prime Minister said, and as the noble Lord, Lord Jay, said we should, this Government are firmly committed to the European Convention on Human Rights and we will never leave it. As my right honourable friend the Foreign Secretary has said, quoting former Labour Foreign Secretary, Robin Cook, it is self-evident that a world where every individual’s rights are respected is a world that will be more peaceful, and where Britain will be more prosperous and more secure.

As we reset and deepen our relationships with friends across Europe and beyond to help us face the challenges and opportunities of our times, in this 75th year of the European Convention on Human Rights, we welcome this chance to reflect on all we have achieved and to look forward to what needs to come next. We are a Government with a progressive, realistic outlook, meeting the world as it is and working towards how we want it to be in the months and years ahead. We look forward to the celebrations in Strasbourg in November.