Council of Europe (UK Chairmanship)

Emma Reynolds Excerpts

Thursday 27th October 2011 Commons Chamber

[Emma Reynolds (Wolverhampton North East) (Lab)]

This is an important and timely debate, and it is absolutely right that we have an opportunity to discuss in the House the UK’s forthcoming chairmanship of the Council of Europe. However, it is a shame that the most pro-European member of the Cabinet is not here to open the debate as was planned until late this morning.

There are now 47 members of the Council, and the period of chairmanship is six months, so this opportunity does not come around often. According to my rudimentary mathematics, the next time the UK will be in the chair will around 2035. The last time the UK was in the chair was in the early 1990s when the Conservative party was falling out about another European institution—the European Union. I sense a bit of déjà vu, and I trust that this afternoon’s debate will be less heated and divided than the debate earlier this week.

Our membership of the Council of Europe has been supported by successive Governments of different political colours and persuasions for the last six decades. It is worth reflecting on the history of the institution, which was shaped by the aftermath of the second world war and the defeat of fascism, and later by the collapse of communism. When Winston Churchill made his speech at the 1949 gathering in Strasbourg, he talked of an

“ancient city still scarred by the wounds of war”.

The horror of that global conflict, and the destruction and loss of life throughout Europe, led to the growing realisation that avoiding future wars had to be a priority.

That realisation brought together some of the leading statesmen of post-war Europe, with much of the earliest thinking coming from Winston Churchill. Other Conservative politicians played a role, particularly former Home Secretary David Maxwell Fyfe, who was instrumental in drawing up the European convention on human rights, which Clement Attlee’s Labour Government ratified in 1950. A cross-party consensus held then and over the following decades, and I hope that it will do so today.

[Mr Leigh]

We all accept that, but the fact is that the process has gone way beyond what was envisaged by people such as Winston Churchill.

The hon. Lady presumably wants to protect vulnerable women. Going back again to the diaries of theformer immigration Minister, he wrote that his proposal to increase the marriage age from 18 to 21 for a family visa would be overturned by judicial review because of the judges constantly referring to the convention on human rights. It is anti-human rights now, and we must reform it fundamentally.

[Emma Reynolds]

I agree that the Court needs to be reformed, and I will come to that, but I do not agree with everything that the hon. Gentleman said. Like the Minister for Europe, I have not had a chance to read my former colleague’s memoirs.

The Council today is very different from when it was first established, and Europe has changed beyond recognition. The rush of countries to join the Council of Europe in the years following the fall of communism extended its membership and reach significantly. Today, the Council of Europe has 47 member countries, covering 800 million people, and a vast land mass stretching from Reykjavik to Vladivostok—that is a tongue twister. It has led the way in protecting and promoting the rule of law, human rights and democracy in Europe. Many hon. Members, past and present, have taken part in the Council of Europe’s election monitoring to ensure that democracy is upheld in every member state, and I commend them for that. I want to join the Europe Minister in commending the work of the UK delegation to the Council of Europe.

[Oliver Heald (North East Hertfordshire) (Con)]

The hon. Lady mentioned some distinguished contributions to the Council of Europe by Conservatives in past years. Does she agree that the leader of our delegation, my hon. Friend the Member for North Dorset (Mr Walter), has played a very distinguished part in the current process to change the rules of the Parliamentary Assembly to make the way in which it operates more streamlined and effective?

[Emma Reynolds]

I join the hon. Gentleman in that view. I recognise that Members across this House have played very important roles in the Council of Europe at different times.

Despite the fact that a Conservative Government were the driving force behind the European convention on human rights, a Labour Government put those rights into UK law in 1999, and we are proud of that. The Human Rights Act 1998 gives British citizens the right to bring cases before British courts rather than having to petition European judges directly. Although we remain committed to the European convention and the European Court, we also recognise that the Court needs reform. The Government have said today that its reform should be a priority for our forthcoming chairmanship, and I support that.

As has been mentioned, the Government set up an independent commission that has presented interim recommendations concerning that reform. The commission highlighted three areas that need to be addressed: the need substantially to reduce the number of cases brought before the Court; the need to consider the remedies that the Court may grant; and the need to improve the process of selecting high-quality judges.

[Sir Alan Meale]

At the moment, the judges are elected in the Assembly by all Members of the Assembly, but the Interlaken process proposes to diminish that democratic selection mechanism. The current process involves not just the election of the judges but the interviewing of the candidates, in which two criteria must be fulfilled: first, they have to be fully qualified to stand for election; and secondly, there must be at least one woman among the three candidates. I hope that my hon. Friend is not suggesting that we should move away from those principles.

[Emma Reynolds]

I am a great supporter of gender equality, but the selection process needs to be improved.

[Mr Mike Hancock]

For those of us who have had the privilege of being in the Council of Europe for any length of time, it is clear that it is not the process of selection by the Council of Europe that affects the calibre of judges but the pathetic selection process that goes on in member states after people have put their names forward. On most occasions, that leaves the Council of Europe having to pick the least worst of a bad bunch.

[Emma Reynolds]

I am sure that the Europe Minister has noted the hon. Gentleman’s concerns.

Any reform of the Court must begin by addressing the crippling backlog of cases before it; I understand that there are 150,000 cases and that number is increasing at a rate of 20,000 a year. I hope that at the end of the six months in which our Government have the chairmanship, the Opposition will be in a position to give them credit for pushing forward with these reforms. Indeed, the test of success for the Government is not only what they do in the six months when they are in charge, but whether they are able to inspire successive chairmanships of the Court and the Council to take on and continue their reforms.

Until now, I have been fairly consensual, but I am about to embark on a section of my speech that is perhaps not so consensual.

[Mr Graham Stuart (Beverley and Holderness) (Con)]

Who wrote it?

[Emma Reynolds]

I wrote it, thank you very much. That is very patronising of the hon. Gentleman. I might be a young blonde woman, but I am able to write my own speeches.

There is another area where the Government need to take action. It is incumbent on this Government to tackle the misconceptions about the European convention on human rights. I am sure that the Minister is only too aware of how some members of his own Government have peddled myths about human rights legislation to further certain political arguments, and of how there is a confusion—sometimes, it seems, a conflation—of the rulings and activities of the European Court of Human Rights, the Council of Europe, the European Union and the European Court of Justice. In some cases, there seems to be a deliberate lumping together of any institution with the word “Europe” in its title, with the assumption that Europe has a malign influence on this country.

Will the Minister reassure us that the Government will take a lead on challenging such misconceptions, not only in his party but in the country, and champion the positive role that our membership of the Council of Europe has played in furthering human rights and democracy in the UK and in other countries across the continent? After all, taking on the mantle of chairmanship brings with it certain responsibilities, one of which, surely, is demonstrating accuracy in debates on human rights. Let us hope to hear no more misleading myths about cats or other bogus stories.

Labour Members remain firmly committed to the Council of Europe and the European convention on human rights, but we recognise that this does not necessarily mean sticking to the status quo, and reforming the Court. We want the Government to use their six-month chairmanship to push forward with reforms to ensure that the Council continues to meet the aims and objectives in a way that is beneficial for all member countries, including the UK. Upholding a universal notion of human rights is a sign of a civilised nation and something that we should be proud of, not something that should be rubbished, heckled or blamed at every opportunity.

As I underlined in my introduction, successive Governments of different political persuasions have supported our membership of the Council of Europe and obligations that come with it. There is a long history and tradition in our country of which we should be proud.

[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.