Council of Europe

Debate between Geraint Davies and Alyn Smith

Wednesday 15th June 2022 Westminster Hall

[Alyn Smith]

I genuinely thank the right hon. Member for his intervention, and I could not agree with him more. One of the things that has struck me since I got to this House is that we are not all goodies and baddies, and there are a number of shades of grey within. I acknowledge the governing party on this issue. I very much agree with his point. Happily, it is on my page of notes, so we can all look forward to that.

That criticism of the framework is ahistoric. As we have heard, the Council of Europe came from a speech that Winston Churchill made in Zurich in 1946. It was formed by the London Statute, signed in this city in 1949. I am a proud member of the Scottish National party; I have a different worldview from many on the Government Benches and many of the Members of this House, but I celebrate the work of the English and Scottish lawyers in drawing up this international framework of decency historically. To withdraw from that would be deeply ahistoric and an act of nihilism and vandalism, which I would deeply regret. The part that the UK has played in the growth and development of the Council of Europe is an example of global Britain that we can actually be proud of, because it has effected real change in the real world, on our European continent. To walk away from it would be an act of great harm, not only to the wider continent but to us at home.

I pay tribute to that proud history, but I also have to list a few of the things, as mentioned by some Members, that we see currently. When we talk about grievous international acts of criminality in Ukraine, the Donbas, or Cyprus or elsewhere, we need to be consistent at home. So loose chatter—in the Queen’s Speech, no less—about a British Bill of rights, as if somehow the European convention on human rights does not work for us uniquely, is an absurdity. In fact, I would say that it is a deeply, deeply regrettable policy trend.

Loose talk of breaking international law—a solemn international commitment, only recently signed—over the Northern Ireland protocol, when there are dispute resolution mechanisms within the protocol itself, is setting the worst possible international example to those who would seek to do bad things internationally. How can we possibly look Mr Putin in the eye with any credibility when we are ourselves talking about breaching international law, as if it is a mere bagatelle? The odious reaction that we have seen to the European Court of Human Rights quite rightly stopping the odious policy of offshoring refugees to Rwanda is deeply dangerous. We are also seeing the limiting of rights to protest and indeed to vote at home; we can look forward to the Court’s judgments on those issues, too.

There is also talk in some quarters—not by everyone, but in some quarters—about “unelected foreign judges”, as if our own judges were elected and as if “foreign” has anything negative to it. The whole framework of extraterritorial judicial scrutiny is the point—it was designed in this city. The point is to ensure the enforcement of decency and proper legal standards. The rule of law is an important thing to observe at home as well as abroad.

[Geraint Davies]

Does the hon. Gentleman share my concern that, on the one hand, there are those who criticise the credentials of judges in the European Court of Human Rights, and yet we have had Lord Chancellors—such as the current Foreign Secretary, actually—who have not really got much legal expertise? What we really need is a Lord Chancellor here for a sustained period of time to protect the independent judiciary, rather than taking pot shots at it.

[Alyn Smith]

I am similarly grateful to the hon. Gentleman for that intervention. I am really concerned about the public discourse in these islands. If we believe in the rule of law, that means that we also believe in it when it is difficult or inconvenient for the Government of the day. The Scottish Government have been before the European Court of Human Rights as well on the issue of prisoners slopping out. It has been difficult for us, too, but if we sign up to a set of rules and to extrajudicial scrutiny, we need to allow that to run its course. Undermining the independence of the judiciary is a really, really dangerous place for us to go, so I urge everyone, from all points of the compass, to stop it.