EU Charter of Fundamental Rights Debate
Full Debate: Read Full DebateDepartment: Ministry of Justice
Keith Vaz
Main Page: Keith Vaz (Labour - Leicester East)Department Debates - View all Keith Vaz's debates with the Ministry of Justice
(11 years ago)
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Chris Grayling
I am absolutely not suggesting that we do nothing, and that is why we need to get this point clarified in law at the earliest opportunity. The recent Supreme Court case on prisoner voting has reassured me on this issue, but I say to my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) that I have every intention of testing this in law quickly. If we find that the legal position is not what we believe it to be, we will have to take further steps.
Keith Vaz (Leicester East) (Lab)
The Secretary of State is right to say that I was the Minister for Europe who negotiated the charter of fundamental rights. I am very clear that, as the former Foreign Secretary has said, this is not enforceable in UK domestic law and the protocol is absolutely clear, in article 1. I know why the Secretary of State is reacting as he is today, but I can say to him that if he needs to clarify the matter in the courts, I have no objection, and the House should have no objection, to that. I also have no objection to the legal advice that was given to me and the previous Government being released to this House—I think that would be a very good idea.
Chris Grayling
The truth is that we were reassured again and again by the previous Government that this document had no legal force at all. Of course it now does have legal force in European law. The issue is about whether that legal force extends to UK law. We regard that matter as being exceptionally important. If there were any question of that linkage being made, we would have to take steps on it.