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Lisbon Treaty (No. 3)

Again, the hon. Gentleman's premise is false. No new rights have been created. Let me say to him, and also to the right hon. and learned Member for Kensington and Chelsea (Sir Malcolm Rifkind) and the hon. Member for Aylesbury, that the protocol's meaning and wording are very clear and that it is legally binding. It puts beyond doubt the fact that the charter simply cannot extend the powers of the courts to strike down UK laws, and that it does not introduce new justiciable rights. My hon. Friend the Member for Hendon (Mr. Dismore) said that the ECJ would be subservient to the European Court of Human Rights, and he is absolutely right. The Court's primacy in setting European rights and standards remains. The hon. Member for Kingston and Surbiton (Mr. Davey) said that we had a great story to tell on human rights, and that we should tell it loud and clear. I agree, and on that basis I commend the motion to the House. Question put, That the amendment be made:— The House divided: Ayes 170, Noes 362.