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European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005

rose to move, That the Grand Committee do report to the House that it has considered the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 [8th Report from the Joint Committee]. The noble Lord said: The order was laid before the House on 3 November 2005 together with the Explanatory Memorandum which is now required for all affirmative statutory instruments. The draft order will confer privileges and immunities on spouses and minor children of the judges of the European Court of Human Rights. This will enable the United Kingdom to lift a reservation made in respect of Article 1 of the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe, which was signed on behalf of the United Kingdom in 2001. The draft order inserts a new Article 4A into the European Court of Human Rights (Immunities and Privileges) Order 2000 (SI 2000 No 1817). The Strasbourg-based European Court of Human Rights forms part of the Council of Europe and consists of up to 46 judges, one representing each of the contracting states to the convention. Monaco has not yet appointed a judge, so there are only 45 at present. The court’s mission is to ensure the observance by signatory states of the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, more commonly known as the European Convention on Human Rights. The convention, taking as its starting point the UN’s 1948 Universal Declaration of Human Rights, is designed to protect the fundamental rights and freedoms of individuals. The present court was constituted on 1 November 1998, and replaced the existing enforcement mechanisms which included the European Commission of Human Rights—created in 1954—and the previous, limited Court of Human Rights, which was created in 1959. The Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe guarantees the necessary privileges and immunities to members of the new European Court of Human Rights that were guaranteed to members of the previous part-time commission and court. As they are permanent appointees they reside in Strasbourg. The United Kingdom therefore considered it appropriate to increase their privileges and immunities to bring them in line, essentially, with those enjoyed by diplomatic envoys in accordance with the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe. The order will allow the United Kingdom to withdraw its reservation and give full effect to the Sixth Protocol. I am satisfied that the order is compatible with the rights contained in the European Convention on Human Rights. The order is important. I hope—that is always a dangerous thing to say, but I hope—that it is non-controversial and will receive your Lordships’ full support. I commend the order to the Grand Committee. Moved, That the Grand Committee do report to the House that it has considered the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 [8th Report from the Joint Committee].—(Lord Triesman.)