European Convention on Human Rights: UK Membership

Roger Gale Excerpts

Tuesday 26th April 2016 Commons Chamber

[The Attorney General]

There is a risk in this discussion that we make a little too much of what happened yesterday. Let us be clear. I have said a number of times, and the hon. and learned Lady has heard different members of the Government make it clear a number of times, what our policy is in relation to human rights reform. I say again that the Prime Minister has been clear and we have all been clear—we rule nothing out. It follows from that that we do not rule out withdrawal from the convention should we not be able to achieve the changes that we all believe are necessary.

I accept that the hon. and learned Lady’s party and the official Opposition do not take the view that the status quo is unacceptable; we disagree about that. What I find odd about her position and, indeed, that of the official Opposition is that, as far as I can tell, they are saying to us: “Whatever you do on human rights reform we will oppose it. There is nothing you can do that we will ever support. There is no reform you can bring forward that we would ever regard as valid, but would you please get on and bring forward your reforms, which we will oppose anyway whatever you say?” That is not a sensible position for her and her colleagues to take.

The hon. and learned Lady is right, of course, that whatever proposals we make, there will be significant devolution consequences. As she has heard me say, and ministerial colleagues say, when we bring forward proposals we will ensure that full consultation happens with the devolved Administrations to ensure that we work through those issues.

[Sir Roger Gale (North Thanet) (Con)]

Those of us who represent this House in the Parliamentary Assembly of the Council of Europe are acutely aware of the fact that the convention on human rights has been extended way beyond the original remit that was drawn up, in part by the United Kingdom, in the immediate aftermath of the second world war. My right hon. and learned Friend is absolutely right to seek to pursue changes. Will he do so as swiftly as possible to get the thing back under control?

[The Attorney General]

The difficulty, as I have said, is not with the convention but with its interpretation, which has been extended well beyond what the original drafters intended. Perhaps the most evident example of that is in so-called extra-territorial jurisdiction. It was not intended that those conducting themselves and making decisions on the battlefields of Iraq and Afghanistan should be subject to European human rights law; we have international humanitarian law that does a good job in that field, and it was not intended that that should happen. My hon. Friend is therefore entirely right.