UK Parliament / Open data

Council of Europe

It is a real pleasure to take part in this debate. As I said in my intervention, I commend the work of the delegation. I would like to endorse everything the hon. Member for Henley (John Howell) has said about the work of the support team—Nick Wright and his staff—who are fantastic in ensuring that things happen, and that the delegation gets there and takes part in the debates.

Being relatively newly appointed to the Council of Europe—I only came on to the delegation since the last general election—I have to say that most people have no idea what the Council of Europe does. Whenever I mention to people locally that I am going to an event at the Council of Europe, they say, “I thought we’d left all that behind”, and I have to explain that it is actually something different from the EU. It is often just simply not understood. The stuff that comes out of it is often not very much debated here either, so it is good that we have a main Chamber debate on this today. The examples the hon. Member gave about the Venice Commission, the Istanbul convention and other conventions are very important, and I think we need a system in which the Government respond, in the way they are required to respond very publicly to Select Committee reports, to give the same emphasis to issues that come from the Council of Europe, which I think would make it more important.

I want to make a few quick points, Madam Deputy Speaker, but could I first crave your indulgence for one moment? Tomorrow is 9 June, which means that it is 40 years since I was first elected to this House. I just want to put on record my thanks to the long-suffering and very wonderful people of Islington North for electing

me all those years ago and for continuing to elect me to Parliament. My dedication is to them, and to serving them to the best of my ability in dealing with the housing, immigration, planning, environmental and other issues that I deal with. I just want to use this opportunity to put that on record and to thank all of them.

The declaration that came out of the Reykjavik summit is obviously extremely important, and it is very much dominated by the situation in Ukraine. Russia leaving the Council of Europe was a huge event, for obvious reasons. I think it was the first time any state has left the Council of Europe. I fully understand why—I fully understand what happened, and I absolutely and totally join everyone else in condemning the invasion of Ukraine by Russia—but we should also be aware that Russia leaving the Council has denied all Russians any access to the European convention on human rights and the relative protections they could try to obtain from it. I also fully acknowledge that there have been huge difficulties in Russians getting justice following decisions made at the European Court of Human Rights or through the convention, but we just have to be aware that it is a Europe-wide convention on human rights, and we want everybody to abide by it and to abide by the decisions of the Court.

All the Council of Europe sessions over the past two years have been very much dominated by Ukraine, and that is absolutely understandable. As I have said—and I repeat it—I totally condemn the Russian invasion and occupation of part of Ukraine. I would hope that at some point in the future the Council of Europe can become an agent that helps to bring that war to an end, because at some point there will have to be negotiations. At some point, there will have to be a peace process and at some point—I hope very soon—those who have been wrongly taken to Russia will be returned and there will be a process of dealing with the victims of war, wherever they are from and whatever they have suffered as a result of it. I believe that the Council of Europe has a role in that and a role in bringing people together, and I hope we can achieve that.

One issue the hon. Member for Henley brought up, and I would like to raise it as well, is the European convention on human rights and the role of the European Court of Human Rights. Page 4 of the declaration states:

“We reaffirm our deep and abiding commitment to the European Convention on Human Rights and the European Court of Human Rights…as the ultimate guarantors of human rights across our continent, alongside our domestic democratic and judicial systems.”

It was obviously extremely difficult back in the 1940s to draft the European convention on human rights and to establish the Court, because we were dealing with fundamentally different legal systems across all the member states, with very different perceptions of the separation of political and judicial powers. So it is a wonderful achievement that the European Court of Human Rights exists at all.

From its inception, the Court was part of our domestic law, and from the Human Rights Act 1998 its caselaw was absolutely part of our law. Therefore, when an injunction was granted to prevent an individual being removed to Rwanda by the UK Government, I was surprised that so many Members of this House and the Government reacted with horror and anger at the alleged interference of the European Court of Human Rights in domestic law. It is not interference; it is absolutely

part of our domestic law. We need to think a bit more deeply about the passage through this House of the migration Bill, which itself does not meet the human rights declaration required of all legislation anyway. If we are in breach of a convention that this country was a party to in 1949 and has been a member of all that time, and we appoint judges to the European Court of Human Rights, we should have more respect for it and understand what it is saying and trying to do.

Type
Proceeding contribution
Reference
733 cc929-931 
Session
2022-23
Chamber / Committee
House of Commons chamber
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