Sex Offenders Register

Jack Straw Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

My right hon. Friend tempts me down a route that it would not be appropriate to go down. On his first point, rights are not absolute. The article 8 right against which the judgment was made clearly is not an absolute right. I am sure that many right hon. and hon. Members—indeed, all of them, I hope—are as concerned as I am when a court makes a judgment that puts the rights of a perpetrator above the rights of the public and individual victims. In a similar area, I find it incredible that we are not able to deport people who are linked to al-Qaeda and who have terrorist intent in this country because the court says that their rights mean that we cannot deport them, but the court is not looking at the rights of members of the British public. That is what we should be doing.

[Mr Jack Straw (Blackburn) (Lab)]

I support the Home Secretary’s views on the merits of the existing sex offenders register and her concern about the Court’s decision, but will she confirm that under section 4 of the Human Rights Act 1998 there is absolutely no obligation on her or the House to change the law one bit? All the Court did was to issue a declaration of incompatibility and section 4 makes it absolutely clear that any decision following that is a matter for the sovereign Parliament. It would be entirely lawful for the House and her to say that the existing regime will continue without any amendment.

[Mrs May]

The right hon. Gentleman makes a point about the application of the Human Rights Act and the European convention on human rights and about Parliament having the final decision about what should happen. In this case, Parliament will have the final decision on what happens.