European Convention on Human Rights

Debate between Julian Brazier and Jack Straw

Tuesday 19th June 2012 Commons Chamber

[Mr Brazier]

rose—

[Mr Straw]

I give way briefly to the hon. Member for Stone (Mr Cash) first.

[Mr Straw]

I am afraid that I do not accept that. A feature of our courts is that they are, quite properly, very conscious of the need to apply the law as they believe Parliament has laid it down. I am confident—I cannot be certain—that, had this proposed approach been passed by Parliament and if necessary enshrined in legislation, the courts would have been able to exercise their judgment on proportionality in a way that showed proper respect to the Houston family and to that poor child rather than to Mr Ibrahim and the woman with whom, in my judgment, he formed a relationship solely in order to evade immigration control and deportation.

[Mr Brazier]

The right hon. Gentleman is generous in giving way. He is also generous-spirited in saying that he makes no criticism of the judge concerned, in the light of that truly extraordinary judgment. Does he accept, however, that if the motion is passed and such cases continue to arise, it will be time for parliamentarians to start to criticise judges?