EU Charter of Fundamental Rights

Lord Beith Excerpts

Tuesday 19th November 2013 Commons Chamber

[Chris Grayling]

With apologies to the House, I am not prepared to take any lessons from Labour Members who landed us with a treaty and a charter that did far more than we were promised. I also apologise to the former Europe Minister, the right hon. Member for Leicester East (Keith Vaz), who is in his place, for taking his name in vain, but it was he who said in 2000 that Europe’s new charter of fundamental rights

“would have no greater legal standing before EU judges than a copy of the Beano or the Sun.”

He knows that that is simply not what happened, because the previous Government signed us up to something that we would not have chosen to sign. The right hon. Member for Tooting (Sadiq Khan) talks about an opt-out, but that is not what the Labour Government actually negotiated. They negotiated a protocol that stated that the charter would be applied only to EU law. That is the situation today, and it does not enable us to opt out of the charter. We are still subject to it in EU matters. Again, that is not what Labour said would be the case.

The right hon. Gentleman asked me to publish the legal advice. His party has a long track record of not publishing legal advice. As he knows, Governments have always resisted its publication, and that will continue, because it is an important part of a Minister’s job to be able to take advice in confidence from our Law Officers. He also made a point about the European Court of Human Rights. The truth is that we need change in both areas. We need change in our relationship with the European Union and in our relationship with the European Court of Human Rights. They are separate institutions, and we need change in both of them. A majority Conservative Government would deliver those changes.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I welcome the Government’s readiness to seek clarification in the courts at an appropriate stage. May I make it clear to the Justice Secretary that, up to now, there has always been a majority in this House in favour of our subscription to the European convention on human rights but no majority in favour of our subscription to the European charter of fundamental rights?

[Chris Grayling]

May I say how much I agree with my right hon. Friend? He will know that the two documents are contradictory in many respects. They contain comparable rights that are differently worded, leaving the courts uncertain about how, when and where they should be applied. I personally think that the charter of fundamental rights was an unnecessary document. It was signed up to by the previous Government, even though it directly contradicted the convention in many respects and was likely to cause legal confusion in the years ahead.