European Convention on Human Rights

Lord McNally Excerpts

Thursday 23rd June 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the convention recognises a margin of appreciation and the principle of subsidiarity as to how each of the member states implements their duties under the convention. There is no hierarchy as such, but there are going to be variations in the way those rights are secured. In particular, this Bill redefines and promotes the right to freedom of speech, which lies at the heart of our democracy.

[Lord McNally (LD)]

My Lords, the Minister will be aware that the European Convention on Human Rights will for ever be linked to David Maxwell Fyfe who, supported by Winston Churchill, was one of its principal authors. It is implicit in the Question asked by the noble Baroness, Lady Chakrabarti, that, over the years since its passage, we have been both a leader by example and an influencer in Europe. Is the Minister really satisfied—I am sorry to say this in welcoming him—to continue to be a member of a Government who are quite clearly using civil liberties, human rights and the convention itself as what is described as a wedge issue to inflame and enthuse the right wing of the Tory party, instead of giving the moral leadership that all parties have taken pride in since its inception?

[Lord Bellamy (Con)]

My Lords, respectfully, I do not accept the characterisation put forward by the noble Lord. The approach in this Bill is balanced, as I have just explained, and is described in this morning’s Times as a “constructive and sound” approach—a phrase that I would readily adopt. I fully accept that the great tradition of this country by great lawyers such as David Maxwell Fyfe should, and does, continue. The UK is one of the most active members of the Council of Europe. We have not only promoted the Brighton declaration I referred to a moment ago, which finally came into force last October, but we have recently been party to a further recommendation on better dissemination of human rights information across the Council of Europe and to a declaration to revitalise Articles 5 and 6 on liberty and the right to a fair trial. We have taken a lead in dealing with the situation regarding Russia and on generally improving the mechanics of the court. That leading role will continue.