Jan Böhmermann

Lord Robathan Excerpts

Wednesday 4th May 2016 Lords Chamber

Asked by

[Lord Robathan]

To ask Her Majesty’s Government what representations they have made to the Government of Germany about the case of Jan Böhmermann.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, the UK Government are aware of the case of Jan Böhmermann; however, we have not made any representations to the Government of Germany. We consider this case to be a matter for the German Government. The UK Government remain committed to encouraging and upholding freedom of speech and media expression around the world.

[Lord Robathan (Con)]

My Lords, I know the whole House will agree that freedom of speech and the right to poke fun at our political leaders are part of being British. Indeed, freedom of expression is enshrined in Article 10 of the European Convention on Human Rights, and the court has said that it is,

“one of the essential foundations of a democratic society”.

This man, if I might say so, showed rather poor taste and perhaps he should be prosecuted for obscenity but it appears—my noble friend may contradict me on this—that Chancellor Merkel, under pressure from President Erdogan, has agreed that this prosecution can go forward because she is desperate for Turkish assistance on the migrant issue.

We are told we have great influence in the EU, so could Her Majesty’s Government use that great influence to ensure that this prosecution does not take place? Will they tell Chancellor Merkel and the Germans to resist any pressure, to resist blackmail and to not kow-tow to President Erdogan, whose record on human rights and free speech is, frankly, lamentable?

[Baroness Anelay of St Johns]

My Lords, ultimately it is for the Government and people of Germany to set and implement their own laws. The Chancellor has referred the matter, as is proper, to the prosecuting authorities for them to make the decision. Under paragraph 103 of the German Criminal Code, insulting a foreign head of state carries a maximum jail term of three years. It is a matter for the prosecutor now to decide whether a prosecution will go ahead. As for the thought of Chancellor Merkel kow-towing, I have met her—in your dreams.