Council of Europe

David Davis Excerpts

Monday 16th November 2015 Commons Chamber

[Mr Paterson]

The hon. Gentleman is absolutely right. It is even more perverse than that, as for a couple of decades the Venice Commission has promoted the issue of Government neutrality in referendums.

Judges in the European Court of Human Rights are appointed for a seven-year term, which is non-renewable to protect their independence. How can members of PACE from the UK’s governing party express independent opinions in Strasbourg if there is a covert threat that their appointment will not be renewed if they step out of line with the Government’s wishes? Right at the heart of this issue is the question of the separation of powers; that is at the root of the whole debate. What could the Government possibly have to fear in trusting Conservative Back Benchers to elect Conservative representatives to the Parliamentary Assembly, as they do for departmental Select Committees?

[Mr David Davis (Haltemprice and Howden) (Con)]

I was tempted to raise this as a point of order. My right hon. Friend does not have to go to Europe to get the guidelines on this; he can look at “Erskine May”. On page 265, under the heading “Improper influence”, it says:

“Conduct not amounting to a direct attempt improperly to influence Members in the discharge of their duties but having a tendency to impair their independence in the future performance of their duty may be treated as a contempt.”

In other words, what the Government have done to Members of the House would be treated as contempt of Parliament if it had been done by anybody else in the country.

[Mr Paterson]

I am grateful to my right hon. Friend for his assiduous research. That is a most pertinent point. It is also particularly relevant when one considers the three characters in question, all of whom are established, respected, assiduous Members of this House.

My hon. Friend the Member for Christchurch (Mr Chope), if I may embarrass him first, has been on PACE for 10 years. He is the leader of the European Conservatives Group—a group with members from 17 countries. He sits on the Presidential Committee, which is made up of the President and the five group leaders. When my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) was Secretary of State for Wales, she guided a referendum so skilfully that none of us even noticed it. She is also Vice-Chairman of the Committee on Political Affairs and Democracy. My hon. Friend the Member for Gainsborough (Sir Edward Leigh), who sits on the Council’s Committee on Legal Affairs and Human Rights, has done splendid work highlighting the horrific persecution of centuries-old Christian communities in the middle east.