Oral Answers to Questions

David Ruffley Excerpts

Tuesday 3rd July 2012 Commons Chamber

[Mr David Ruffley (Bury St Edmunds) (Con)]

2. What recent representations he has received on the implementation of decisions of the European Court of Human Rights.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

None.

[Mr Ruffley]

I am very grateful to my right hon. and learned Friend for that detailed reply. He will know that there is concern, certainly on the Government Benches, that the European Court of Human Rights gives insufficient weight to the decisions of national courts, and that in addition, given the backlog of more than 150,000 cases, the Court is not devoting its entire time and attention to truly serious abuses of human rights. In that context, what are the Government doing to ensure that votes of national Parliaments and decisions by national courts are better taken into account by the European Court?

[Mr Clarke]

I agree entirely with my hon. Friend. We addressed that during our chairmanship of the Council of Europe. We had a conference at Brighton of all 47 member states and produced the Brighton declaration. Our considerable achievement there was not very widely reported because, not surprisingly, the media regarded it as a footnote to the Abu Qatada case which was in the newspapers at the time. Forty-seven countries agreed that we should have a greater margin of appreciation, to use the jargon, and that more regard should be paid to those decisions of the courts of nation states which had obviously addressed their obligations under the convention. That will have a considerable impact on future cases.

--- Later in debate ---

[Nick Herbert]

I think we will be positive about exactly that kind of proposal—we have already published formal consultation proposals to strengthen community sentences, which was one of the recommendations in the report. That is important, because the report itself drew attention to the fact that those who were brought before the courts in relation to the riots had 11 previous convictions, which showed that the justice system had not been effective in dealing with such problem offending.

[Mr David Ruffley (Bury St Edmunds) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Yesterday, the Government published their response to the consultation entitled “Getting it Right for Victims and Witnesses”. For too long, many victims have felt themselves to be an afterthought for the criminal justice system. Our reforms will ensure that victims and witnesses get the support they need when they need it. Our proposals include an aim to raise an additional £50 million from offenders to be spent on victims’ services. Responsibility for commissioning most victims’ services will eventually go to democratically accountable police and crime commissioners, ensuring that decisions about service provision respond to local need. We will reform criminal injuries compensation so that it is focused on victims of serious crime and is sustainable, and there will be a new victims code making it clear what victims can expect from the criminal justice system and ensuring that they are treated with dignity and respect.

[Mr Ruffley]

A UK prisoner is litigating in the European Court of Human Rights asserting his right to vote. When does the Secretary of State expect that decision to be handed down by the Court, and does he expect the House of Commons to be able to vote on the issue of votes for prisoners?

[Mr Clarke]

There has been repeated litigation involving several member states that do not allow prisoners to vote, as we have never done. The most recent litigation was Scoppola v. the Italian Government, in which our Attorney-General intervened on behalf of the British Government to argue that Parliament was more responsible for this issue than the Court. The Government will respond to that judgment, which went against a blanket ban, in due course.