European Convention on Human Rights: 75th Anniversary

Lord Hannay of Chiswick Excerpts

Thursday 20th March 2025 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, the 75th anniversary of the European Convention on Human Rights would have merited a celebration, even if the noble Lord, Lord Alton, that tireless champion of human rights worldwide, had not given us an occasion to do so in this Chamber today. For that, he deserves the utmost thanks.

Three things about the convention must surely not be forgotten. First, while it was the work of the collective responsibility of many European parliamentarians and lawyers, there was a major input by the British contingent, many of them Conservative members, following the lead of Sir Winston Churchill, who played such an important role in the establishment and early years of the Council of Europe. I am saddened to see that this involvement seems now to be more a cause of shame than of pleasure.

Secondly, as many noble Lords have said, the convention was drawn up in the dark shadow of some of the worst crimes against humanity, including the Holocaust—crimes perpetrated in our own continent by our own citizens. Its aim was to ensure protection for all our citizens against crimes committed, often by their own Governments.

Thirdly, when, at the end of the 1980s, the Cold War drew to a close, the convention and its court were available to provide the countries of central and eastern Europe— including at the time the Russian Federation and Belarus—the freedoms and legal protection they had never previously enjoyed under Communist Party rule. These are three achievements to be proud of and to treasure, however irritated some may feel at some of its court’s rulings.

I am afraid that I am no lawyer but my father was one, and he taught me that hard cases make bad law. It is lamentable that now, after these 75 years of achievement, some politicians and parties in this country and elsewhere in Europe are sharply critical of the convention and its court. The main bone of contention is the impact on immigration cases, as all our Governments struggle with the challenges of illegal migration and asylum seekers. It is odd, and I find it hard to justify, that these challenges are often quantifiably far greater and more acute in other European countries than in our own, but we seem to be making quite a meal of it.

Many critics here seem to be blissfully unaware of the extent to which the European Convention on Human Rights underpins fundamentally important parts of our constitutional structures and international agreements—most prominently, the Good Friday agreement in Northern Ireland and some of the most valuable parts of the trade and co-operation agreement between the UK and the EU, in particular those dealing with justice and home affairs. These are clearly additional reasons for all, right across the political spectrum, to share the Government’s view that withdrawal cannot be contemplated. It would be good if more voices were raised to that effect.

I have one final point. Our previous Prime Minister, the right honourable Rishi Sunak, got into the habit of calling the Europe Court of Human Rights a “foreign court”. That lamentable, dog-whistle nomenclature is not even accurate, since the court has had many admirable British judges down the years. But in any case, the terminology of speaking of a foreign court is all too typical of populist politicians of many of the main parties. It would be good if it could be taken out and buried on this 75th anniversary.