Human Rights: Vinter and Others v United Kingdom

Lord Elystan-Morgan Excerpts

Tuesday 29th October 2013 Lords Chamber

[Lord McNally]

That is one possible outcome of the consideration now taking place. At the moment, we are reviewing the matter in the light of this judgment. I cannot take the House any further in that direction. Nevertheless, it is a very interesting and, if I may say so, a very liberal approach to the problem that we face.

[Lord Elystan-Morgan (CB)]

My Lords, I respectfully urge the Minister not to regard this as a political matter at all. On 9 July, the court clearly suggested that an error had been made, quite inadvertently, when the Criminal Justice Act 2003 was passed. Prior to that period, all life sentences were reviewable after a quarter of a century. It did not mean that anybody was thereby released; it meant that the sentence was reviewed. That is the narrow point. By failing to review, we are—according to the judgment of 16 to one, including the United Kingdom judge—in breach of Article 3. We must set the situation right as soon as possible.

[Lord McNally]

That is why we are considering the judgment. I will give way very quickly: I do not want to make this a party political matter, but perhaps the author of the 2003 Act can tell us whether it was a mistake or an intention.