Oral question asked in the House of Lords, by Lord Scott of Foscote (Crossbench). It was answered on Wednesday, 3 February 2010.

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Control Orders

Question

Is it not a fact that the judgments from the Court at Strasbourg are not binding on courts in this country—they have to be taken into account, but are not binding—and that the final court of appeal in this country is the Supreme Court? The European Convention on Human Rights cannot, and the 1998 Act did not, prevent this Parliament, if so advised, passing legislation which is incompatible with one of the convention articles, provided that the intention of Parliament is made clear by an appropriate statement of incompatibility from the promoting Minister, in which case the courts will be bound to accept the legislation as it stands. That nettle has not been grasped by the Government.

Answer

My Lords, I might get myself into a difficult legal argument on this. I now understand why 80 per cent of the cost involved in control orders is legal costs. It is due to the complexity.

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Secondary information

Type

Oral question

Reference

717 c196 

Session

2009-10

Oral question type

Supplementary

Chamber / Committee

House of Lords chamber

Subjects

House of Lords Judgements Appellate Committee Anti-terrorism control orders

Link

View this Oral question on www.publications.parliament.uk