Council of Europe (UK Chairmanship)

Dominic Raab Excerpts

Thursday 27th October 2011 Commons Chamber

[Mr Lidington]

If the hon. Gentleman will forgive me, I will not give way, because he has had one bite of the cherry and I want to make progress. I do not want to be sidetracked into a further debate about Cyprus, which I am sure the House will have an opportunity to discuss in the future.

We have a unique opportunity to secure improvements to the Court, to enhance its credibility, the rule of law and the protection of human rights and to ensure that the legitimate decisions and traditions of national courts and legal systems are properly respected.

Hon. Members will be only too aware of the domestic backdrop to the programme, about which there is great interest abroad. The House will know, too, that the Government have established an independent commission with a remit to investigate the creation of a UK Bill of Rights, which would incorporate and build on all our obligations under the convention. I hope that the commission’s work will assist in bringing clarity to an area of contentious debate, and indeed it has already advised the Government very usefully on Court reform, but to avoid any doubt let me reaffirm that in the Government’s mind there is no question of the UK leaving the European convention on human rights. The coalition’s programme for government makes very clear our commitment to the convention and to the values it embodies.

The Attorney-General, my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), commented on this subject very eloquently on Monday just gone, saying:

“The United Kingdom signed the Convention on the first day it was open for signature...The United Kingdom was the first country to ratify the Convention the following year. The United Kingdom will not be the first country to leave the Convention.”

I have spoken at length about Court reform, but our goals for our chairmanship touch on other significant matters, and I would like to close by turning briefly to them.

[Mr Dominic Raab (Esher and Walton) (Con)]

I thank the Minister for setting out the policy so clearly, and I have had an opportunity to look at the priorities and objectives of the chairmanship. He mentions the Bill of Rights commission’s interim advice, and it contains some good recommendations on Court reform, particularly those based on the model of the International Criminal Court, whereby Strasbourg ought to look at only the most serious violations or fundamental freedoms. Is that the mandate which the Government will look to achieve with their European partners?

[Mr Lidington]

We take all the independent commission’s advice very seriously, and we look forward to the fruits of its later discussions, but, certainly, strengthening the principle of subsidiarity in the Court’s work is central to the programme of action that we envisage during our chairmanship.

In addition to the issues that I have already covered, we will continue actively to support Secretary-General Jagland’s programme of reform of the Council of Europe as an organisation. He has made good progress, including a reduced and more focused set of programmes, and I spoke to him this week about priorities for the final stages of the reform programme.

In particular, I am pleased to say that the UK has succeeded in persuading the 46 other member states to keep the Council of Europe budget under strict control, with zero real growth for the next two years, subject to strict conditions on wider efficiency reforms and any inflation increase remaining below 2%. We will work with our partners in the Council of Europe to promote an open internet, not only on access and content, but on freedom of expression. That is also a key policy priority, and one of the issues to be addressed at the London conference on cyber-space, which my right hon. Friend the Foreign Secretary will host on 1 November. Our chairmanship is an ideal opportunity to advance our objectives through international co-operation, and to this end we will seek to ensure that the Council of Europe’s internet governance strategy is adopted.

--- Later in debate ---

[Mr Raab]

I agree that we should not automatically, in a knee-jerk way, blame Strasbourg for everything. However, has the hon. Lady seen the comments by the Lord Chief Justice, which read:

“I would like to say that maybe Strasbourg shouldn’t win and doesn’t need to win”?

Does she accept, as the Lord Chief Justice does, that there is a legitimate debate about the expansion of human rights through judicial legislation?

[Emma Reynolds]

I do accept that, and I think it is a debate that we will have today.

Although modernisation and reform of the Council of Europe are needed, the values that underpinned its formation and membership are just as valid today as they were in 1950, and we should all be proud of those values.