European Court of Human Rights

Oral Answers to Questions — Attorney-General – in the House of Commons at 11:30 am on 20 December 2011.

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Photo of Jeremy Corbyn Jeremy Corbyn Labour, Islington North 11:30, 20 December 2011

What recent discussions he has had with the Secretary of State for Justice on reform of the European Court of Human Rights.

Photo of Dominic Grieve Dominic Grieve The Attorney-General

I have regular discussions with the Justice Secretary, during which we talk about a large number of issues of concern to both of us, including the reform of the European Court of Human Rights.

Photo of Jeremy Corbyn Jeremy Corbyn Labour, Islington North

Does the Attorney-General agree that the European Court of Human Rights and the European convention on human rights are very important safeguards of the rights and liberties of people all over the Council of Europe area, and that any diminution of British participation or support, or acceptance of the Court’s rulings, would be damaging to the human rights of people in this country and would, of course, diminish the value of the Court, which is one of the great achievements of post-war Europe?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

I entirely agree with the hon. Gentleman that both the Court and the convention are of great importance to the United Kingdom, and I also agree that it is important that the United Kingdom should play a full part in the work of the convention and the work of the Court. As the hon. Gentleman will be aware, we currently have the chairmanship of the Council of Europe, and during that time we are seeking to take forward and implement a reform programme for the Court which will enhance its efficiency and effectiveness and particularly enable it to address the vast backlog of cases that it is facing.

Photo of Alan Beith Alan Beith Chair, Justice Committee, Chair, Liaison Committee (Commons), Chair, Liaison Committee (Commons), Chair, National Policy Statements Sub-Committee, Chair, Justice Committee

Will Ministers seek to make allowances for Council of Europe members with strong legal traditions to ensure that the Court is an effective functioning court in which gross abuses of human rights do not wait in long queues behind cases that do not raise such important general principles?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

Yes, the right hon. Gentleman is absolutely right about what we should be seeking to achieve. I can assure him that in trying to achieve our aims in the course of our chairmanship, we are looking very much to diplomatic initiatives which will bring us together with other partner states in carrying this agenda forward. We certainly cannot do it on our own, and the success of our initiative is entirely dependent on taking the other member states with us. I entirely agree with the right hon. Gentleman that the backlog of the Court is a serious issue. It means that people are waiting years simply to receive a five-line letter saying that their claim is non-admissible. That is deeply unsatisfactory, and at the same time admissible claims are taking a very long time to be heard.

Photo of Denis MacShane Denis MacShane Labour, Rotherham

I wish Ministers well in their work in trying to reform the Court, but is it not a fact that more than 100,000 of the backlog cases come from one country, Russia, because there is no rule of law and no confidence in courts there at all? So has the time come to consider seriously whether we should ask Russia to leave the Council of Europe until such time as its domestic legislation meets some of the minimal obligations of membership?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

Membership of the Council of Europe and whether a country is excluded is not a matter for the United Kingdom on its own. The object of the convention is to improve standards throughout member states which are signatories. In fairness, the right hon. Gentleman may well accept that despite difficulties in many areas and with certain countries, standards are progressively being raised. Whether the backlog coming from Russia is quite as high as the right hon. Gentleman says I am not sure, but I think we can say that Russia makes a substantial contribution to the number of pending cases.

Photo of Stephen Phillips Stephen Phillips Conservative, Sleaford and North Hykeham

The current backlog stands at something of the order of 165,000 cases, and 127,000 of those, as I understand it, come from Russia. Given the proposals from the right hon. and learned Gentleman and the Justice Secretary for dealing with the reforms to the European Court, can he give the House some idea of how long that backlog will take to deal with?

Photo of Dominic Grieve Dominic Grieve The Attorney-General

Much depends on the outcome of the reform package that we might be able to implement. There are a number of things that need to be done. First, a very large number of those cases among the total of 165,000 are non-admissible. It is a question of processing them so that the individuals concerned can be told that their cases cannot be heard and the reasons for that. When it comes to the admissible caseload, the issue for the future—clearly, we have to clear the backlog—centres on subsidiarity and the extent to which the Court relies on national courts which are correctly implementing the convention to provide the solutions. This is one of the challenges, and in doing that we also have to recognise that for many countries the right of individual petition is very important.