Council of Europe (UK Chairmanship)

Mike Hancock Excerpts

Thursday 27th October 2011 Commons Chamber

[Mr Lidington]

I have taken careful note of my hon. Friend’s interest in participating and will ensure that the participation of members of the UK delegation to the Parliamentary Assembly is properly considered. I will make sure that I consider it myself.

[Mr Mike Hancock (Portsmouth South) (LD)]

The real problem with the backlog is that reforms to the Court cannot restructure the backlog or effectively fillet out any of the cases that might prove to be inadmissible. One of the prime objectives of our chairmanship must be to find a unified view that would facilitate that filleting process, and thus allow the backlog to be handled properly.

[Mr Lidington]

I do not disagree with my hon. Friend.

The second reason also explains why the backlog has been allowed to develop. The Court has at times been too ready to substitute its own judgment for that of national courts and Parliaments. The European Court of Human Rights was never intended by its founders to be an additional tier of appeal for routine domestic judgments. No court could ever hope to offer redress on all matters to 800 million people. National courts are best placed to understand national problems and traditions of human rights. Enforcing rights in situations where the drafters of the convention never intended them to be is the wrong direction of travel for the Court, and that situation is getting worse and is undermining the Court’s authority and efficiency.

--- Later in debate ---

[Emma Reynolds]

I am a great supporter of gender equality, but the selection process needs to be improved.

[Mr Mike Hancock]

For those of us who have had the privilege of being in the Council of Europe for any length of time, it is clear that it is not the process of selection by the Council of Europe that affects the calibre of judges but the pathetic selection process that goes on in member states after people have put their names forward. On most occasions, that leaves the Council of Europe having to pick the least worst of a bad bunch.

[Emma Reynolds]

I am sure that the Europe Minister has noted the hon. Gentleman’s concerns.

Any reform of the Court must begin by addressing the crippling backlog of cases before it; I understand that there are 150,000 cases and that number is increasing at a rate of 20,000 a year. I hope that at the end of the six months in which our Government have the chairmanship, the Opposition will be in a position to give them credit for pushing forward with these reforms. Indeed, the test of success for the Government is not only what they do in the six months when they are in charge, but whether they are able to inspire successive chairmanships of the Court and the Council to take on and continue their reforms.

Until now, I have been fairly consensual, but I am about to embark on a section of my speech that is perhaps not so consensual.