European Court of Human Rights: Rule 39 Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

European Court of Human Rights: Rule 39

Lord Anderson of Swansea Excerpts
Tuesday 6th June 2023

(1 year, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Bellamy Portrait Lord Bellamy (Con)
- View Speech - Hansard - - - Excerpts

With respect to the noble Baroness, that question does not arise. The Government have no intention of going to Strasbourg on that issue. Article 8 is a very important part of the convention, which is also part of domestic law through the Human Rights Act. The subject of today’s question is the Rule 39 power, which is quite a difficult question.

Lord Anderson of Swansea Portrait Lord Anderson of Swansea (Lab)
- View Speech - Hansard - -

My Lords, with his usual reasonableness, the Minister appears to accept that such emergency and interim measures are not uncommon in international legal matters. He confirmed that the difference this time is that a group of right-wing people, led by the Home Secretary, take issue with one decision by a judge seeking to protect the human rights of other individuals.

Lord Bellamy Portrait Lord Bellamy (Con)
- View Speech - Hansard - - - Excerpts

My Lords, interim measures play a very important part in the international jurisdiction. I respectfully point out that as far as I know, the process by which the Strasbourg court grants interim measures is different from that of the International Court of Justice, the Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights, all of which provide for a proper hearing, a return date, and reasoned judgments—which are sadly lacking at the moment in the Strasbourg process in some cases.