Bill of Rights

Lord Anderson of Swansea Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

If I may respectfully agree, this legislation should not be based on the kind of fairy tales which the noble and learned Lord just mentioned. As for this House, we will progress on the basis of the forensic and evidence-based analysis of the situation. I confess that, on the hoof, I am not immediately able to help him with Clause 8(5). If I may, I shall take that away and, if I am able and it is appropriate, come back to the House on the point he makes.

[Lord Anderson of Swansea (Lab)]

My question concerns the precedent set by allowing our national courts to trump the European Court of Human Rights. The Minister will be aware that one of the great problems of the Council of Europe is the number of serial defaulters: countries that refuse to accept the judgment of the court. I speak as someone who was once a Foreign Office adviser to our delegation and served on the legal affairs committee of the Council of Europe for 10 years. In the past, we have spoken from a position of strength, even when we disagreed with the judgment or reached a compromise, as we did over the Hirst case on prisoners’ rights. Will we not in future, because of this position, give support to those countries who wish to default and lose our high status as a country which honours its obligations?

[Lord Bellamy (Con)]

The noble Lord makes a fair point. My reply is that we have no reason to suppose that the UK’s exemplary record in Strasbourg will in any way weaken as a result of this legislation. As the noble Lord knows, we have far and away the best record of compliance—certainly in recent years. In 2020, of the 268 cases brought against the United Kingdom, in only two were breaches found. Our record, plus our very active and continuing involvement in the Council of Europe, in which the noble Lord was previously involved, continues, and will continue. That is why I use the word “constructive” together with the word “balance”.