European Convention on Human Rights: 75th Anniversary Debate
Full Debate: Read Full DebateLord Clement-Jones
Main Page: Lord Clement-Jones (Liberal Democrat - Life peer)Department Debates - View all Lord Clement-Jones's debates with the Foreign, Commonwealth & Development Office
(2 days ago)
Lords ChamberMy Lords, I declare an interest as an adviser to DLA Piper on AI policy and regulation. I thank the noble Lord, Lord Alton, for not only securing this debate but opening it with such an inspirational speech. What a huge pleasure it is to follow the noble and learned Baroness, Lady Hale. I agree with every word she said.
The new Council of Europe framework convention on artificial intelligence is another living demonstration that the principles of the European Convention on Human Rights are still highly relevant after 75 years. The AI framework convention does not seek to replace the ECHR but rather to extend its protections into the digital age. AI now permeates our daily lives, making decisions that affect our privacy, liberty and dignity. These systems can perpetuate discrimination, erode privacy and challenge fundamental freedoms in a way that demands new protections. Open for signature in September 2024, the AI framework convention is the first legally binding international instrument on AI, setting clear standards for risk assessment and impact management throughout the life cycle of AI systems.
The framework convention’s principles require transparency and oversight, ensuring that AI systems cannot operate as black boxes, making decisions that affect people’s lives without accountability. They require parties to adopt specific measures for identifying, assessing, preventing and mitigating risks posed by AI systems, and a specific human rights impact assessment has been developed. The convention recognises that, in the age of AI, protecting human rights requires more than individual remedies; it demands accessible and effective remedies for human rights violations resulting from AI systems. Rather than merely reacting to harms after they occur, the framework mandates consideration of society-scale effects before AI systems are deployed. I only wish, having heard what its director had to say on Tuesday, that our AI Security Institute had the same approach.
The framework convention was achieved through unprecedented consultation, involving not just the 46 member states of the Council of Europe but observer states, civil society, academia and industry representatives. Beyond European nations, it has attracted signatories including Israel, the United States—albeit under the previous Administration—and, most recently, Japan and Canada, in February this year.
However, a framework is only as good as its implementation, and this brings me to my central question to the Government. What is their plan? The Ministry of Justice’s Report to the Joint Committee on Human Rights on the Government’s Response to Human Rights Judgments 2023-24 said:
“Once the treaty is ratified and brought into effect in the UK, existing laws and measures to safeguard human rights from the risks of AI will be enhanced”.
How will existing UK law be amended to align with the framework convention? What additional resources and powers will be given to our regulatory bodies? What mechanisms will be put in place to monitor and assess the impact of AI systems on vulnerable groups? The convention offers us tools to prevent such problems, but only if we implement it effectively.
As we mark 75 years of the European Convention on Human Rights, we should remember that its enduring strength lies not just in its principles but in how nations have given those principles practical effect through domestic law and institutions. The UK has long been a leader in both human rights and technological innovation. I urge the Government to present a comprehensive implementation plan for the AI framework convention. Our response to this challenge will determine whether the digital age enhances or erodes our fundamental rights. I do not need to emphasise the immense power of big tech currently. We need to see this as a time when we are rising to meet new challenges with the same vision and commitment that created the European Convention on Human Rights, 75 years ago.