European Convention on Human Rights

Lord Anderson of Swansea Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I respectfully agree with my noble friend.

[Lord Anderson of Swansea (Lab)]

My Lords, Article 46 of the European Convention on Human Rights is very clear:

“The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties”.


This is more fundamental than subsidiarity or a margin of appreciation, because now the Government plan to make our own courts the final court of appeal. How do the Government reconcile this with the clear obligations under Article 46 of the convention?

[Lord Bellamy (Con)]

My Lords, the United Kingdom remains bound by Article 46 of the convention. In the unlikely and relatively rare event, let it be hoped, that the United Kingdom is found in breach of the convention, it will be a matter of political discussion and settlement in the context of the Committee of Ministers, as has happened from time to time in the past—for example in relation to prisoner voting. That situation remains unchanged. It is the Government’s view that, within this framework, we are achieving a better balance in the mechanics of the convention rather than the fundamental principles.