Oral Answers to Questions — Justice – in the House of Commons at 11:30 am on 13 November 2012.
Andrea Leadsom
Conservative, South Northamptonshire
11:30,
13 November 2012
What consideration the Government has given to the UK opting out en masse from EU Justice and Home Affairs directives.
Chris Grayling
The Lord Chancellor and Secretary of State for Justice
As my right hon. Friend the Home Secretary announced to this House on
Andrea Leadsom
Conservative, South Northamptonshire
I am grateful to my right hon. Friend. Will he tell me whether he is considering undertaking international co-operation on EU justice and home affairs rather than simply looking at the option of opting back in to specific EU directives?
Chris Grayling
The Lord Chancellor and Secretary of State for Justice
I give my hon. Friend that assurance. It is absolutely clear that we can work with international partners effectively in fighting crime, as we do with non-EU allies around the world, without necessarily handing over sovereignty over these measures to the European Court of Justice. We are looking very carefully at where there is good reason to opt back in and it is in the national interest to do so, but we will not take those decisions lightly.
John Bercow
Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee on the Electoral Commission
I think Jeremy Corbyn wants to ask a question.
Jeremy Corbyn
Labour, Islington North
Yes. [Interruption.] I am fully awake, thank you.
The Members behind the Secretary of State are determined to break with so much to do with European law and Europe as a whole. Does the right hon. Gentleman not recognise that the European convention on human rights, the European Court of Human Rights and all the advantages that have been given to people who would otherwise be denied human rights across Europe are very important, and that we should dedicate ourselves to supporting that principle even though at times a European court, just like a UK court, can make decisions that are inconvenient and are seen to be unhelpful to national Governments? That is the whole principle of the independence of the judicial system.
Chris Grayling
The Lord Chancellor and Secretary of State for Justice
The European convention on human rights was written in the 1950s by Conservatives at a time when Stalin was in power in Russia and people were being sent to the gulags without trial. What has happened over 40 or 50 years is that the judgments around the human rights framework have moved a long way from the original intentions of the authors of the convention. That is why it is my strong belief that change has to happen.
Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.
With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.