Family Migration

Lord Jackson of Peterborough Excerpts

Monday 11th June 2012 Commons Chamber

[Mrs May]

We have considered that aspect of the proposals’ impact and I can assure the hon. Lady that every relevant Department was involved in considering these issues, including the Department that contains the children’s Minister.

[Mr Stewart Jackson (Peterborough) (Con)]

I welcome my right hon. Friend’s announcement and believe that her proposals bear comparison with the robust policies pursued by the Labour party in Australia. She will know that notable human rights lawyers such as Geoffrey Robertson QC have already said that in the absence of primary legislation, an indicative motion in this House would not fetter the discretion of or bind the European Court of Human Rights. Is it not therefore right that we should still keep open the option of reviewing our membership of that body, with a possible option of doing what Sweden did and temporarily suspending our membership?

[Mrs May]

I am aware that there are those who have indicated that they think that the courts will not pay the attention that I expect them to pay to the framework set out by Parliament. We are talking about the decisions that the UK courts will take. On some aspects of the immigration rules—my hon. Friend might not like my saying this—the European Court has taken a tougher view than the courts in the UK. Our intention is that the courts in the UK should now have a clear framework so that they know when and how to operate and how to balance the public interest with individual rights under article 8.