European Convention on Human Rights

Lord Faulks Excerpts

Thursday 7th March 2013 Lords Chamber

[Lord McNally]

My Lords, I think that “dilute” is the wrong word. As the noble and learned Lord, Lord Neuberger, pointed out in his interview the other day, the relationship between our Supreme Court and the Strasbourg court is a healthy one of learning from each other and looking at each other’s jurisprudence as it develops. What we have been doing, and one of the proudest things I have been involved in as a Minister, was the Brighton conference on the workings of the court which looked at how we can build in a subsidiarity to take notice of the importance of national supreme courts while still retaining the strength and the moral authority of the European Convention on Human Rights.

[Lord Faulks]

My Lords, whether human rights are best protected by the Supreme Court, by Parliament or by Strasbourg, all noble Lords are anxious to protect them. However, even human rights have a cost. Public authorities are spending a great deal of money trying to make their policies compliant with the convention—rather like with health and safety—when the Strasbourg jurisprudence is extremely uncertain. The diminishing pot of legal aid is being spent on often unmeritorious cases about human rights, rather than on far more meritorious cases. I was one of the commissioners, and we were not allowed to consider questions of cost. I ask the Minister whether the Government, in the whole human rights debate, could tell us how much human rights is costing.

[Lord McNally]

I am not able to put a cost to human rights any more than to anything else. I see in government—and I suppose that we have a lot of experience of local government in this House—how agents of the state, as the noble Lord said, when making decisions have in the back of their mind that they have to clear certain hurdles about respect for the individual citizen. To me, this is a prize beyond cost.