Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether it is her policy to sign protocol 16 of the European Court of Human Rights, as set out after the Brighton Declaration.

Protocol 16 to the European Convention on Human Rights creates an optional system by which the highest national courts can choose to seek advisory opinions on the interpretation of the rights and freedoms under the Convention from the European Court of Human Rights. It will come into force once it has been ratified by ten High Contracting Parties to the Convention, and will apply only to those countries that have ratified it. It has so far been ratified by six countries.

The Brighton Declaration on the reform of the Strasbourg Court covered a range of important measures and was a proud achievement for the United Kingdom. The Government of the day expressed its pleasure that it could help secure agreement for an optional system on advisory opinions in the Brighton Declaration for those States wishing to pursue the idea. However, the Government then and now has been clear that it is unconvinced of the value of advisory opinions, particularly for addressing the fundamental problems facing the Court and the Convention system. The Government therefore plans neither to sign nor ratify Protocol 16 at this time. If and when Protocol 16 comes into force, we shall instead observe how the system operates in practice, having regard particularly to the effect on the work load of the Court, and to how the Court approaches the giving of opinions.