Council of Europe (UK Chairmanship)

Debate between Brian Binley and Martin Horwood

Thursday 27th October 2011 Commons Chamber

[Mr Binley]

I am sure he will.

The European Court of Human Rights has a proud history of defending the rights of individuals, but there is no doubt that there have been several questionable judgments that raise issues about its competence across the piece. I refer to the membership of the judges’ bench. It has already been said that a number of judges have little judicial experience, and indeed that some of them were political appointees. That does no good for the whole concept of jurisprudence. We ought to be making an effort to ensure that a court of this importance is matched by the quality of the judges who sit on its benches, and the sooner we get down to that, the better it will be. One judge was reported not to understand the concept of legal precedents. When one gets that sort of ignorance in a court of this kind, one begins to wonder what sort of justice it imparts. Indeed, many people in this country have begun to believe that some of its judgments are, to say the least, beyond the pale. Those people are responsible for overturning the decisions of this House and our courts, so we have a right to expect a greater degree of competence and better qualifications. I know that the Minister will take those thoughts on board.

My next point is about languages—a subject touched on by my hon. Friend the Member for North East Hertfordshire (Oliver Heald). The 2005 Woolf report made 26 recommendations on the working methods of the European Court of Human Rights. One was the provision of language training, and yet that has not been implemented. We all know that interpreters can change the nuance of language dramatically when they interpret one language into another. Because the nuance changes, the meaning can be totally different. That is simply unfair to the people who put their trust and faith in the European Court of Human Rights. I urge the Minister to put language training for judges on his little list as an absolute priority.

The 2010 Interlaken conference and declaration stressed the need to preserve the high quality of the European Court of Human Rights. I have already referred to the lack of quality. This matter is consistently asked about, and it is consistently recorded that we need to do things. No wonder the people of this country get a little impatient when nothing happens. I want to send the European Court of Human Rights the message that it must get its act together, because it is undermining the confidence of the people of this country—and, no doubt, that of the people in other countries—which is so necessary for it in doing its work.

I was going to talk about prisoner voting, but we had a big debate on that recently. Suffice it to say that I believe that prisoners are in prison by choice. They are not forced to break the law; they choose to break the law. Therefore, there is no problem with the removal of that human right. They choose to deny themselves that human right. We ought to do some plain talking when this matter comes before the Committee of Ministers.

I also question the judges’ appreciation of our values and legal procedures. This nation is lucky to have a common law based on almost 1,000 years of life experience—a common law that has served this nation well. To my mind, it covered all the necessary protections of the people of this country. Indeed, they seem to think that it covered the necessary protections themselves. The fact that there are so many different codes of law in a 47 nation-strong Europe underlines the need for greater knowledge of the various codes of law in those countries. If necessary, that might require a division of the judges’ bench. We certainly need them to understand our code of law if they are making judgments about our citizens.

[Martin Horwood]

In arguing for an awareness of our code of law, cultural traditions and values, is the hon. Gentleman therefore arguing in support of British judges having the right to interpret the Human Rights Act 1998, and therefore the European convention on human rights, in British courts?

[Mr Binley]

I am delighted to say that most senior judges believe in the primacy of Parliament, and I have no concerns about that. A few judges have tried to argue differently. Only recently, I noticed the remarks of a senior judge in the Court of Appeal that underlined the importance of the primacy of this place.

[Martin Horwood]

Will the hon. Gentleman give way again?

[Mr Binley]

I want other people to be able to speak, and many Members have spoken for a long time, so I will reject the hon. Gentleman’s request on this occasion.

I wish to touch briefly on the 162,000-case backlog in the European Court of Human Rights. We all know that it is farcical, and that something must be done about it. I am glad that the Minister has decided to do something. However, I must ask him something. I was once told by a fortune teller that I would live to beyond 80, which would be another 11 years. Will the measures that he puts in place during our chairmanship be completed, and will the list be eradicated, in that time? It worries me, and I want to go to meet my maker with a clear and untroubled mind.

Finally, I wish to say that I know the Minister cares about these matters and is well placed to represent us in respect of them. I look forward—for the first time in many years—to action on the European Court of Human Rights that will give the British people confidence. If the Minister comes away after the six months of the British chairmanship having achieved that objective, we will all be prepared to say, “Very well done, Minister!”