Oral Answers to Questions

Debate between Oliver Heald and Michael Connarty

Tuesday 12th February 2013 Commons Chamber

[The Solicitor-General]

The action plan that I have mentioned contains a number of proposals to improve the situation and to make it easier for people to come forward. The main obstacle is not so much the language barrier. I am sure that the hon. Gentleman can imagine that many of these cases involve young girls from particular communities, and that there are cultural and other taboos that make this very difficult for them. The real point is the approach mentioned by the hon. Member for Bristol East (Kerry McCarthy) involving getting community support. The hon. Gentleman makes an important point, however.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

7. Whether he has had discussions with the European Commission on the legal status of Scotland’s membership of the EU in the event of a yes vote to independence.

Council of Europe (UK Chairmanship)

Debate between Oliver Heald and Michael Connarty

Thursday 27th October 2011 Commons Chamber

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

It is a privilege to follow the hon. Member for North Thanet (Mr Gale). Having been in the Council of Europe, and in this House for so long, and having watched his endeavours in the Council of Europe at the moment, it is amazing that he is still enthusiastic about searching out the right wording and practice in the things he is involved in. I am sure that he was the same 25 years ago. My hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) referred to me as enthusiastic, but I have been here for a mere 19 years. I hope that when I have been here for as long as the hon. Gentleman I am still as enthusiastic for the fight.

The fight is for the correct implementation of the principles behind the Council of Europe. I may not always take the example of the hon. Member for North Thanet on how he approaches things, and hopefully we will be at the meeting seeking the compromise that I suggested might be found between him and the author of the original report, which was deeply flawed in the way it was expressed. I hope that we will work together across the party divide on these matters.

It is a pity the hon. Member for Witham (Priti Patel) has gone. I am not sure whether she is a member of the delegation, but certainly some members on the Government side do not take up their place, and she might be able to learn quite a lot by volunteering to take one of the places that are not being actively filled at the moment. I am sure she would find it enlightening and educational, as we all do. The delegation, although we may come from different angles, is genuinely still the bedrock of debates in the Council of Europe. Delegates are often there at the beginning; they are there at the end of the day, which might be 8 o’clock at night; and they are often there on Friday when most people have decided to go home. We want to take part in debates and make our views known.

[Oliver Heald]

The hon. Gentleman will recall that he and I were both there on the Friday of the last part-session, disagreeing with each other. I thought he would like to know that I am here, and that I do not entirely agree with him today.

[Michael Connarty]

We came in together, and hopefully they will carry us out together. I recall that we also came to the House in the same year.

It is absolutely incredible that a court as important as the Court of Human Rights is clogged up by a type of bureaucracy that could not be imagined in the most disorganised country in the world. The simplest cases that will clearly never be correctly allocated to the Court have to be judged by a full bench of judges before they can say, “No, we can’t deal with this.” There is no sifting process and no filter process. No Committee in this House would run if every Member had to gather every day, look at every paper proposed, and come before the Committee to decide whether it could even discuss it. That is what the Court is about at the moment. Anything we can do under our chairmanship to bring in a filtering system whereby one judge or some other method is used to say, “This is still correct to stay on the list and others must be sent back to the courts of the national jurisdictions or rejected”, is long overdue.

I will talk later about the Human Rights Act 1998 in the context of individual countries. It is a myth that the Court can make a country implement its judgment just by lifting the judgment made in the Court and transposing it into the Acts of Parliament of this country. It is not the European Union, after all. I see that the Minister for Europe is here, and he recognises that that can happen with European Union regulations and all the other things that come in, and we have to just get on with it because we have signed away some of those rights—but not at Council of Europe level. It has to come back and be looked at by this sovereign Parliament, which then makes a judgment on what amendments to make that would implement it. I hope that we never move away from that.

There is lots of talk saying that our Human Rights Act is somehow a transcription of the convention on human rights and the judgments of the courts. I hope that it is, in fact, an attempt by this sovereign Parliament to implement the human rights that we all hold so dear for our country and for every other country. If it is not correct and needs to be amended in some way, that is our right as a sovereign Parliament, but we must not get into the situation where we can overturn the human rights that are available to people in Council of Europe countries just because we believe that it will satisfy the feelings of our constituents.

I held a very excellent debate about human rights and family rights. On family rights, yes, there is no doubt that people are angry because that is used as a plea for someone not to be sent back to some other country. But when we come down to the fundamentals and someone is asked, “Do you think that family rights are due to all of us?”, most people would say yes. We then have to decide why it is not applicable to someone who may come from another country. Sometimes, if we throw out that basic judgment that family rights are available to all of us, and must therefore be available to anyone under our jurisdiction, we destroy something very important in what we have fought for, for political gain and for a feeling of anger rather than for a judgment of what is correct.