Family Migration

Mel Stride Excerpts

Monday 11th June 2012 Commons Chamber

[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.

[Mel Stride (Central Devon) (Con)]

Does my right hon. Friend agree that it would be beneficial if, as a result of her statement, we sent a clear message to the judiciary that the right to a family life is a qualified right that must be qualified in the public interest?

[Mrs May]

I entirely agree with my hon. Friend. The European convention is absolutely clear that the right to a family life is a qualified right. What we are doing today and will do in due course when Parliament has its debate—and, I trust, supports the motion the Government will propose—is saying very clearly to the judiciary, “Here is the framework and the balance you should be striking between the public interest and that of the individual.”