Oral Answers to Questions

Dominic Raab Excerpts

Tuesday 17th May 2011 Commons Chamber

[Mr Blunt]

There will very shortly be an opportunity for all right hon. and hon. Members to see our proposals in response to the consultation on the Green Paper, and it would be appropriate to wait until then so that proposals come forward together in a coherent manner. We have to remember that we are dealing with the consequences of an era of inaction when, for example, the Council of Europe additional protocol on the transfer of prisoners was open for signature in 1997 and it took until November 2009 for that lot over there to sign it.

[Mr Dominic Raab (Esher and Walton) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

I shall begin with a topical statement. On 26 April, I attended a Council of Europe ministerial conference in Turkey on the future of the European Court of Human Rights. I was clear that the Court must focus on truly important cases and have proper regard to the judgment of national Parliaments and courts. I met a number of Ministers from other member states and senior figures from the Council of Europe and the Court who were receptive to this view.

[Mr Raab]

In a recent and novel ruling, a man convicted of robbery defeated a deportation order on human rights grounds because he had a girlfriend—a relationship that the court described as that of a courting couple and no more. Will my right hon. and learned Friend consider amending the Human Rights Act 1998 and the human rights clause in the UK Borders Act 2007 to prevent this kind of judicial legislation under article 8 of the European convention?

[Mr Clarke]

I have not seen that case, but I agree that it sounds like a rather sweeping interpretation of the right to family life, which is what the European convention confirms. If my hon. Friend will let me have the details, I will inquire into the case to see how it reached such a startling conclusion. It is possible that the report that he read, in whichever newspaper he read it, did not bear a very close resemblance to what actually occurred.