Phone Hacking

Debate between Dominic Grieve and Jack Straw

Wednesday 6th July 2011 Commons Chamber

[The Attorney-General]

Those assurances were received from News International and were independently validated and referred to Ofcom. May I say to the hon. Member for Cardiff West (Kevin Brennan) that we have to have a little care here? The process by which such a takeover is done follows what is a quasi-judicial procedure, as he is aware. Therefore, in those circumstances, my right hon. Friend’s options in terms of what he had to do were quite severely circumscribed. If the hon. Gentleman feels that that was not properly conducted, I suggest that he raise that with my right hon. Friend directly.

[Mr Straw]

Would the Attorney-General not accept that now that the Secretary of State for Culture, Olympics, Media and Sport is in possession of information relating to the behaviour of News Corp which he could not possibly have been in possession of at the time he made his original decision, it must be open to him, as a matter of law, to reconsider his original decision and make the reference that is now sought?

[The Attorney-General]

My right hon. Friend is sitting next to me and I am sure he will have noted the comments that the right hon. Gentleman has made. He will therefore be in a position to respond to them, if he so wishes.

Voting by Prisoners

Debate between Dominic Grieve and Jack Straw

Thursday 10th February 2011 Commons Chamber

[Mr Straw]

No, I have to make progress.

The issue before us today—here is the heart of the matter—is by no stretch of the imagination a breach of fundamental human rights. Rather, it is a matter of penal policy, which the minority of judges at Strasbourg—and very senior they were, too—said should be left to the UK Parliament. Through the decision in the Hirst case and some similar decisions, the Strasbourg Court is setting itself up as a supreme court for Europe, with an ever-widening remit. That is why the tension that I mentioned now threatens to become a collision.

Even in countries with supreme courts much more powerful than ours, there is a democratic override of their decisions. For example, in the United States or Germany, which have very strong courts that can strike down primary legislation, the courts’ decisions can be overridden by, for instance, democratic amendment to their constitutions. There is no such democratic override available for decisions of the Strasbourg Court, so we are faced with a court judgment following which, without warrant from the treaties to which we signed up, we as elected MPs are expected to do the opposite of that in which we believe.

My predecessor as Lord Chancellor, Lord Falconer, and I wrestled for five years to find a way through the problem. Initially, Lord Falconer’s view was that the requirement on us following the 2005 Hirst decision was simply

“to consider carefully the basis”

of our law. He went on that it could be the case

“that it is a proportionate conclusion that all people who are convicted and sent to prison cannot vote.”

He began one consultation, and when that was inconclusive I launched a second. However, unless and until I found a way—if one existed—that could satisfy the Strasbourg Court, this House and the British people, there was no appetite throughout the House, or among our Whips, for me to bring forward legislative proposals.

[The Attorney-General]

I am grateful to the right hon. Gentleman for giving way and for how he is articulating his powerful case. Does he not agree that, with hindsight, it is rather unfortunate that such a debate did not take place? When we were first confronted with the problem we had only the Hirst judgment, but since then we have had a number of further judgments without the UK Parliament’s having had an opportunity to influence how the Court’s jurisprudence evolved. He may recall that I asked for such a debate when we were in opposition.

[Mr Straw]

I understand the right hon. and learned Gentleman’s point, and hindsight is a wonderful thing. If I thought that the only thing preventing the Court from coming to a reasonable compromise was the fact that I had not organised an earlier debate, I would be happy to be taken to Strasbourg to make my apologies. He knows better than anybody that neither set of Whips was keen on such a debate, not least because it was clear that it would be impossible, particularly in the pre-election atmosphere, to have the sober debate that we are to have today.

--- Later in debate ---

[The Attorney-General]

If I may say so, I think the hon. Gentleman has taken my comments slightly out of context in the following sense. The debate that was taking place, and which has often been a problem, is about conflating EU law and the EU with the Council of Europe. EU law, by virtue of the treaty of accession—

[Mr Straw]

The ’72 Act.

[The Attorney-General]

Yes, the European Communities Act 1972. I am grateful to the right hon. Gentleman for that. By virtue of the ’72 Act, EU law has direct application in this country, whereas the Council of Europe and European convention on human rights do not, except in so far as we incorporate that in the Human Rights Act 1998. That is the distinction.