Oral Answers to Questions

Karl McCartney Excerpts

Tuesday 20th November 2012 Commons Chamber

[The Attorney-General]

Yes, this is not a resource issue; it is a mere time issue. We have written, for example, to the families—we have to consult them—and I think it is reasonable to give them a calendar month in which to respond, and that date has not yet expired. I hope that the hon. Gentleman appreciates that no short-cuts can be taken to take the matter to the court.

[Karl MᶜCartney (Lincoln) (Con)]

5. Whether he has given legal advice to the Secretary of State for Justice on the potential financial penalties the European Court of Human Rights could impose on the UK in respect of its policy on prisoners’ voting rights.

[The Attorney-General (Mr Dominic Grieve)]

By long-standing convention observed by successive Governments, the fact and substance of advice from the Law Officers is not disclosed outside government. I hope that my hon. Friend will therefore understand why I cannot say whether I have given any legal advice in relation to this matter.

It may be helpful for my hon. Friend to know that the Strasbourg Court can order the payment of compensation and of legal costs and expenses, but cannot impose any other financial penalty. Non-financial sanctions are a matter for the Committee of Ministers and, ultimately, for the Council of Europe itself.

[Karl MᶜCartney]

I thank my right hon. and learned Friend for that answer. Does he agree that this instance of judicial activism by the European Court of Human Rights seeks to undermine the democratic mandate of this House? Does he recognise that talk of the UK meeting its international obligations with respect to the Court’s judgment seems a bit premature when one considers that hundreds of unimplemented judgments are pending review by the Committee of Ministers at the Council of Europe?

[The Attorney-General]

No, I have to disagree with my hon. Friend. I do not believe that the democratic mandate of this House is challenged. Parliamentary sovereignty remains. It is open to Parliament to decide not to change the law. However, if Parliament chooses not to implement the judgment, it would be a serious matter, because it would place the UK in breach of international obligations to which it is a signatory. I accept that other countries are in breach of their implementation obligations, but that does not provide an excuse for not honouring our own.

In addition, it is right to point out that only one other pilot judgment, besides the Greens and MT judgment, has not been implemented. That is in a case concerning Ukraine. There are, of course, many hundreds of judgments at various stages of implementation, but that is a slightly different issue.