Jan Böhmermann

Lord Collins of Highbury Excerpts

Wednesday 4th May 2016 Lords Chamber

[Baroness Anelay of St Johns]

My Lords, ultimately it is for the Government and people of Germany to set and implement their own laws. The Chancellor has referred the matter, as is proper, to the prosecuting authorities for them to make the decision. Under paragraph 103 of the German Criminal Code, insulting a foreign head of state carries a maximum jail term of three years. It is a matter for the prosecutor now to decide whether a prosecution will go ahead. As for the thought of Chancellor Merkel kow-towing, I have met her—in your dreams.

[Lord Collins of Highbury (Lab)]

My Lords, arcane laws do exist, and I understand the Chancellor is committed to removing that law. In fact, there are similar laws in Greece, the Netherlands, Portugal and Romania. Does the Minister agree with me that encouraging all European countries to remain a member of the European Court of Human Rights is a vital prerequisite for democracy in our communities?

[Baroness Anelay of St Johns]

My Lords, the noble Lord raises the extremely important point—that there are laws around the world which do inhibit freedom of expression. Yesterday, I made it clear that we want to continue to persuade countries around the world to remove those barriers. Indeed, the Chancellor, Angela Merkel, has made it clear that she wants to remove the very legislation which it appears Jan Böhmermann has now fallen foul of—if that is the decision of the judicial authorities. She said that will happen by 2018, and her coalition partners have agreed with her that this legislation should be removed. That is what we can do around the world: use our influence both as a member of the European Union—which magnifies our voice around the world—and through the United Nations to remove bad law.