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Equality Bill

I would like to draw the Minister's attention to the explanatory notes and the fact that, in relation to the Human Rights Act 1998, Baroness Royall of Blaisdon has said she believes that the Bill's provisions are compatible with convention rights. In respect of that, I should like to comment briefly on and quote from the recent important and seminal speech by the Lord Chief Justice himself about these matters. He said:""The primary responsibility for saving the common law system of proceeding by precedent is primarily a matter for us as judges…Are we becoming so focussed on Strasbourg and the Convention that instead of incorporating Convention principles within and developing the common law accordingly as a single coherent unit, we are allowing the Convention to assume an unspoken priority over the common law? Or is it that we are just still on honeymoon with the Convention? We must beware. It would be a sad day if the home of the common law lost its standing as a common Law authority."" I too make those points, and many others are contained in that very important speech made by the Lord Chief Justice on 17 March. Mr. Geoffrey Robertson QC has made similar remarks with regard to the European convention. Such concerns lie at the heart of a lot of this legislation. Many of us are very keen on the idea of fairness and equality, but should that stem exclusively from abstract principles adjudicated in Strasbourg? As the Lord Chief Justice also points out, there is now an overlap with the European Court of Justice; I have been warning about that in the House for several years. We are moving in a direction that has been referred to by the Lord Chief Justice, Geoffrey Robertson QC and Lord Hoffmann in a speech that he made some months ago. Many distinguished Members and former Members of the House of Lords are demonstrating that we Conservatives are right in questioning the extent to which the human rights culture, as expressed most recently by the Joint Committee on Human Rights, is going way off track.