Council of Europe: 75th Anniversary

Lord Bellingham Excerpts

Tuesday 16th April 2024 Lords Chamber

[Lord Cameron of Chipping Norton (Con)]

I say to the noble Baroness that the Council of Europe is so much more than the European Court of Human Rights; it has over 200 conventions that make practical contributions, such as the Saint-Denis convention on safety in sport, which underpinned the UK and Ireland’s successful bid to host the 2028 European Football Championship, and the Council of Europe convention on preventing violence against women, or Istanbul convention, which helps the UK promote its gender equality priorities. We should always keep the European Court of Human Rights in proper context: since 1975, there have been 21,784 cases and only, I think, 329 judgments against the UK, so we have relatively little incoming.

But—and it is a big but—there are occasions, in my view, when the court overreaches itself. We saw one last week with respect to climate change, where it took a judgment against Switzerland. I think it is dangerous when these courts overreach themselves because, ultimately, we are going to solve climate change through political will, through legislation in this House and the other place, by the actions we take as politicians and by the arguments that we put to the electorate, so I think there is a danger of overreach. But the Council of Europe overall is a good thing.

[Lord Bellingham (Con)]

My Lords, the Foreign Secretary mentioned the recent European Court of Human Rights judgment on climate change. Did he have a chance to look at Tim Eicke KC’s dissenting judgment, where he said it was extraneous and went beyond its judicial remit? Further to the Foreign Secretary’s reply to the Question, what sort of reform did he have in mind, and what changes can be made to improve the court?

[Lord Cameron of Chipping Norton (Con)]

I did look at the dissenting judgment, and I thought it was pretty frank and clear. We have made reforms to the European Court of Human Rights. The noble Lord, Lord Clarke, battled very hard in the coalition Government to achieve the Brighton Declaration, which was an improvement, and we have made some changes recently on Article 39, so there are changes you can make. But I think it will depend partly on the court’s attitude to how far it takes its mission beyond the actual convention rights. I am not an expert on the convention, but I do not think that it mentions climate change and, as I said, climate change or the rights that we have in terms of our health service or education are things that we should be legislating for in Parliament, by politicians accountable to their electorates, rather than depending on a court. So reform is necessary and reform is going through, but I think there also needs to be a balance about leaving to nation states those things that they should be deciding themselves.