Oral Answers to Questions

George Hollingbery Excerpts

Tuesday 15th November 2011 Commons Chamber

[The Solicitor-General]

As my right hon. Friend knows, the Home Secretary and the Secretary of State for Work and Pensions recently issued their report on the subject. Of course it requires a great deal of co-operation, diversion and the input of the criminal justice agencies, but we are doing our very best to ensure that this is dealt with.

[George Hollingbery (Meon Valley) (Con)]

6. What advice he has provided to ministerial colleagues on reform of the European Court of Human Rights ahead of the UK’s chairmanship of the Council of Europe.

[The Attorney-General (Mr Dominic Grieve)]

As the Minister responsible for conduct of litigation before the European Court of Human Rights, I have been involved in the discussions on the United Kingdom’s priorities for the chairmanship, which the Minister for Europe announced to the House on 26 October.

[George Hollingbery]

But does my right hon. and learned Friend agree that, despite the adoption of protocol 14, with 150,000 cases still outstanding at the ECHR, equating to a backlog lasting 40 years, further reform of the system of application is clearly needed, particularly with regard to the right of individual petition?

[The Attorney-General]

My hon. Friend is absolutely right that the backlog is now nearly 160,000 cases. It results in long delays for applicants, including many victims of serious violations, and effectively threatens to deny them access to justice. The Government are determined to try during our chairmanship to secure agreement to a set of efficiency measures that will help the Court deal with the backlog. In particular, we want to develop practical measures to strengthen subsidiarity. Primary responsibility for implementing the convention falls on national authorities in the Council of Europe’s member states, and the Court’s role should properly be to act as a safeguard for cases where a national authority fails to implement the convention properly. I think that that can be done without removing the right of individual petition, which is an important safeguard in countries that are members of the Council but where the human rights record is not good.