Council of Europe (UK Chairmanship)

Debate between Michael Connarty and Priti Patel

Thursday 27th October 2011 Commons Chamber

[Priti Patel (Witham) (Con)]

I am grateful for the opportunity to contribute to the debate, primarily because I have been calling for a debate on this subject for a good few weeks. I suspect that the Minister may have become sick of hearing from me. I thank right hon. and hon. Members who supported me last week in my pitch to the Backbench Business Committee. They clearly recognised the importance of holding such a topical debate at the time of our chairmanship. I also pay tribute to the hon. Member for North Dorset (Mr Walter) for his leadership and his insightful comments. As a new Member of Parliament, I know that he has a great deal of experience of these matters, and I think that all new Members have a lot to learn from him.

I thank the Minister for his opening remarks, and for the written statement that he published yesterday. There is, of course, much to discuss when it comes to our chairmanship and its priorities, and this afternoon is the right time for that discussion.

All Members who have spoken so far have touched on Britain’s strong historic links with the Council of Europe and the drafting of the original European convention on human rights. In view of those historic links, I think that Britain must now play a central role in reforming the COE to ensure that the sovereignty of nation states is respected and the British interest is put first. I say that partly in the context of this week’s debates on European affairs. On Monday we saw exactly what happens when power-hungry supranational institutions simply go too far: the public become somewhat disenfranchised, and the democratic deficit created becomes slightly harder to remedy. The public have a view on that. I think there is a genuine danger that if action is not taken during our chairmanship, the country could find itself sleepwalking down a path towards the stripping away of more of our powers and more important decisions will eventually be taken out of our hands.

No doubt there is unity throughout the House on the need to safeguard rights to a fair trial, respect for family life, protection from slavery, freedom of thought and other great values of which this country and British democracy have been staunch defenders over the years. However, the European system of human rights that is reinforced by the Council of Europe, the European Court of Human Rights and their related institutions lacks accountability and democratic legitimacy.

I believe that central to that problem is the way in which the European Court of Human Rights operates. Over the years, it has effectively become a final court of appeal for those who feel that there are human rights-related grounds that their national courts have wrongly dismissed. I think we all appreciate the importance of that. Recent statistics from the court reveal that in 83% of cases it finds that violation has taken place, contrary to decisions made nationally. The hon. Member for North Dorset mentioned the backlog of cases, and I think there is consensus on the fact that the numbers are alarming. I welcome my hon. Friend’s highly practical suggestion that people should be brought in to read through the paperwork and sort out the situation. While the figures for Britain are better than average, with the Court finding that a violation has taken place in 61% of cases, it is astonishing that in so many cases the Court and its judges rule against judgments made by very able, experienced and qualified judges in the British courts. Moreover, given that section 2 of the Human Rights Act 1998 explicitly binds our courts into the European human rights system so they already give effect to the convention in European case law, it is even more unreasonable for Europe to dismiss so many of the decisions made by our courts.

Politicians will always have their differences with the judiciary and the decisions made by judges, but many of the decisions made in Strasbourg are fundamentally contrary to British values and the British interest. That leads me to question the accountability and legitimacy of the Court.

This situation is made even more challenging to our democracy because no real mechanisms are in place for Parliament to reverse these European Court judgments. Such mechanisms are in place for decisions by domestic courts, however. Earlier this year when the English courts highlighted an anomaly in laws relating to police bail arrangements, Parliament was able to initiate and pass emergency legislation: the Police (Detention and Bail) Act 2011. Just as courts act independently to hold the legislature and the Executive to account, in this case Parliament and the Government were able to hold the judiciary to account. That does not seem to be possible for decisions made in the European Court, however. As has been mentioned, last February the House passed a motion sending a clear message to Europe that it did not believe it was right of the European Court of Human Rights to demand that we scrap our laws and give convicted prisoners the right to vote, yet Europe is still insisting that the judgments of the European Court takes precedence over the laws passed and motions agreed by this Parliament, and is still saying that we must grant prisoners the right to vote.

[Michael Connarty]

I have been listening to the hon. Lady expand on her point. I think she has got the matter wrong. When the European Court of Human Rights makes a judgment, it passes it back to the country of origin, which must then make proposals to try to fit in with that judgment. I understand that there is no intention on the part of the Government—supported by the Opposition, I hope—to give up their right in this matter entirely. They are being asked to define in which circumstances it is appropriate for someone to be not only incarcerated but deprived of their right to vote.

[Priti Patel]

I thank the hon. Gentleman for his remarks.

In February we debated the sovereignty and decision making of this House in relation to a particular judgment. By refusing to accept the sovereignty of our Parliament and the democratic decision making of this House, Europe is demonstrating a lack of legitimacy and democratic accountability, which I find astonishing given that the Council of Europe was established precisely to promote democracy. Therefore, in my view, attacking our Parliament and seeking to undermine our democracy is simply counter-productive.

The prisoner votes issue is just one well-known example of the problem—and it is still ongoing. There are other similar Strasbourg decisions, however, such as in the Sufi and Elmi case, where Britain was prevented on human rights grounds from deporting two individuals back to Somalia, despite their being responsible for a very serious spate of crimes, including threats to kill, robbery and dealing in class A drugs. We should bear in mind that such decisions can end up setting a legal precedent, so they can impact on subsequent deportation cases. In the Sufi and Elmi case, human rights were used as an excuse to allow people to remain in Britain.