European Convention on Human Rights

John Bercow Excerpts

Tuesday 19th June 2012 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Government are committed to reviewing and reforming—I must interrupt myself to apologise, Mr Speaker, as I should first move the motion.

I beg to move,

That this House supports the Government in recognising that the right to respect for family or private life in Article 8 of the European Convention on Human Rights is a qualified right and agrees that the conditions for migrants to enter or remain in the UK on the basis of their family or private life should be those contained in the Immigration Rules.

It might have been unfortunate if I had forgotten to do that formal bit, Mr Speaker.

[Mr Speaker]

The Home Secretary can rest assured that I would have reminded her.

[Mrs May]

I know you are assiduous in your duties, Mr Speaker, and I recognise that you would, indeed, have reminded me—and with courtesy, I am sure.

The Government are committed to reviewing and reforming all the main routes of immigration to the UK. As a result, we anticipate net migration will fall from the hundreds of thousands to the tens of thousands. Last week I laid new immigration rules for family immigration. These new rules will ensure that those who come here can do so only on the basis of a genuine relationship, that once here they can pay their way, and that they can integrate properly into British society. So we will increase the minimum probationary period for new spouses and partners to five years; we will stop dependent relatives becoming an unnecessary burden on the national health service; and we will introduce new tests to ensure family migrants can speak English, understand our history and respect our values.

But central to making those new rules work effectively is for this House to set out its view on how the right to family and private life in article 8 of the European convention on human rights should interact with our immigration policy. The ECHR makes it absolutely clear that article 8 is not an absolute right. Article 8(1) of the convention provides for the right to respect for private and family life, but that is qualified by article 8(2), which allows the state to interfere in the exercise of that right.

In an immigration context, the convention allows interference in the right to respect for family or private life on grounds of public safety, such as the prevention of crime, or to protect the UK’s economic well-being, including by controlling the numbers of immigrants allowed to enter or remain in the country. That means the Government can interfere with the exercise of article 8 rights, in full compliance with the ECHR, and in full compliance with the law, where it is necessary and proportionate to protect the public from foreign criminals or to safeguard our economic well-being.

The problem is that Parliament has never before been given the opportunity to set out how it believes it should be possible to interfere with article 8 rights in practice. That meant the courts were left to decide the proportionality of interference with article 8 rights themselves, in each and every individual case, and without the benefit of the views of Parliament.

We are putting that situation right. We are letting Parliament do its job by making public policy, and we are letting the courts do their job by interpreting the law, with regard to the clear view of Parliament of where the public interest lies.