Human Rights: Vinter and Others v United Kingdom

Lord Lloyd of Berwick Excerpts

Tuesday 29th October 2013 Lords Chamber

Asked by

[Lord Lloyd of Berwick]

To ask Her Majesty’s Government what steps they will take to implement the decision of the European Court of Human Rights in Vinter and Others v United Kingdom.

[The Minister of State, Ministry of Justice (Lord McNally) (LD)]

My Lords, the Government are considering the implications of the judgment and will set out their conclusions as soon as possible.

[Lord Lloyd of Berwick (CB)]

My Lords, the noble Lord will know that there are now 51 prisoners serving whole-life sentences. He will also know that on 9 July the Grand Chamber decided by 16 votes to one that whole-life prisoners are entitled to have their sentences reviewed after 25 years, a right which they always had under English law and practice until they lost it, by an oversight it seems, as recently as 2003. It is now 16 weeks since the decision of the Grand Chamber. Why has it taken so long for the Government to reach their own decision in this matter? How can that delay be regarded as fair on the prisoners themselves, who are waiting to know the answer?

[Lord McNally]

Let us be clear: the judgment gave an opinion about our law as it stands; there was no case that the outcome of such a decision should make the three prisoners concerned, or indeed any other prisoners, automatically allowable for parole or release. It was a judgment on our law and I think that we have every right to give due consideration to what we should do when we receive such a judgment. I do not think that there has been a delay. As I said in my reply, we will come forward with our response in due course.