European Convention on Human Rights

Attorney General – in the House of Commons at 12:00 am on 29 June 2017.

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Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union) 12:00, 29 June 2017

What recent discussions he has had with Cabinet colleagues on the future status of the UK as a signatory to the European convention on human rights.

Photo of Jeremy Wright Jeremy Wright The Attorney-General

The Government have committed the United Kingdom to remaining a signatory to the European convention on human rights for the duration of the Parliament.

Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

I thank the Attorney General for his answer, and I am reassured by it, but, as he will know, earlier this week the United Nations High Commissioner for Human Rights described the Prime Minister’s comments after the appalling attack on London Bridge as “a gift” to every despot

“who…violates human rights under the pretext of fighting terrorism.”

Will the Attorney General recognise the danger of playing politics with human rights, and accept that the Government need to desist from doing it?

Photo of Jeremy Wright Jeremy Wright The Attorney-General

The hon. Gentleman will not be surprised to hear that I do not accept that that is what is happening. What I think the Prime Minister was saying is something with which I would expect every Member of the House to agree, namely that human rights involve a balance: there is a balance between the human rights of all the different people in our society. Everyone has the most important human right of all, which is to live their life unabated by those who wish to do them harm through terrorism. What the Prime Minister was saying—rightly in my view, and, I hope, in the hon. Gentleman’s—was that we must ensure that that balance continues to be struck correctly, and that is what we will do.

Photo of Philip Hollobone Philip Hollobone Conservative, Kettering

The Court behind the convention has tens of thousands of cases outstanding, and many of the so-called judges have no legal qualifications at all. Do not those two stark facts undermine the credibility of that organisation in upholding human rights at all?

Photo of Jeremy Wright Jeremy Wright The Attorney-General

I think my hon. Friend and I would agree that the Court in Strasbourg could sensibly reform and improve, but he will also recognise that we in this country do not rely solely on that Court to protect our human rights. Our Government and our courts do that too, and do it very effectively.

Photo of Tony Lloyd Tony Lloyd Labour, Rochdale

Does the Attorney General not agree that, although the Strasbourg Court may need reform, it has done excellent work over the years in putting forward the case for human rights in central and eastern Europe? The uncertainty of Britain’s position will give succour to regimes such as those of President Putin in Moscow and the President of Belarus, which is not a signal that the British Government should be giving.

Photo of Jeremy Wright Jeremy Wright The Attorney-General

I applaud all those who work to promote human rights, whether in a court or elsewhere, but it is important to understand that the European convention on human rights itself permits derogation in certain circumstances. The hon. Gentleman was, I think, a member of a Government who sought to do that in the wake of the 9/11 attacks. It is certainly within the hierarchy and system of the European Court of Human Rights that that should be allowed, and we need to ensure that the balance I described earlier is maintained.

Photo of Alex Chalk Alex Chalk Conservative, Cheltenham

I draw the House’s attention to my entry in the Register of Members’ Financial Interests. The right to the peaceful enjoyment of property is a valuable safeguard in the convention. Does the Attorney General agree that the Serious Fraud Office has a strong and growing reputation for upholding that right, and will he clarify his plans for the future?

Photo of Jeremy Wright Jeremy Wright The Attorney-General

I certainly think that the Serious Fraud Office has an important role to play in doing what it can to deal with economic crime, as of course do other agencies. As for the future, we are looking carefully at how we can improve performance in tackling economic crime across the whole range of organisations that do that work.

Photo of Joanna Cherry Joanna Cherry Shadow SNP Spokesperson (Justice and Home Affairs), Shadow SNP Spokesperson (Justice), Shadow SNP Spokesperson (Home Affairs)

During the election campaign, the Prime Minister said that she was going to rip up human rights in order to fight terrorism. Can the Attorney General confirm that he has advised his Cabinet colleagues that there is nothing in the Human Rights Act 1998 or in the convention on human rights that would prevent the Government from taking a robust approach to terrorism, and that this plan to rip up human rights will be shelved?

Photo of Jeremy Wright Jeremy Wright The Attorney-General

No, the Prime Minister said nothing of the kind. Let me read out exactly what she did say, which was that

“we should do even more to restrict the freedom and the movements of terrorist suspects when we have enough evidence to know they present a threat, but not enough evidence to prosecute them in full in court. If our human rights Laws stop us from doing it, we will change the laws so we can do it.”

That seems eminently sensible, and something we should all agree with.

Attorney General

The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.

The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.

The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.

see also, http://www.lslo.gov.uk/

Cabinet

The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.

It is chaired by the prime minister.

The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.

Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.

However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.

War cabinets have sometimes been formed with a much smaller membership than the full cabinet.

From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.

The cabinet normally meets once a week in the cabinet room at Downing Street.

Prime Minister

http://en.wikipedia.org/wiki/Prime_Minister_of_the_United_Kingdom

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

European Court of Human Rights

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.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.