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Proceeding contribution from Nick Boles (Conservative) in the House of Commons on Thursday, 10 February 2011. It occurred during Backbench debate on Voting by Prisoners.


Voting by Prisoners

I am sorry. I will not give way because we have very little time. What is the root of the problem? I have reached the uncomfortable conclusion that the root of the problem is the nature and location of the Court. Good judges are not good judges just because they are qualified—although there have been questions about the qualifications of some ECHR judges—or because they understand the laws of the country and respect the right of the legislature to make them, and that their role is simply to interpret and apply them. Good judges are good because they are products of the society within which those laws are created and to which those laws are applied. Judges earn legitimacy to make judgments, tough as they may be. Because they are part of that society, they understand it—they are part of the warp and weft of it. My fear is that the Strasbourg Court can never be that. That is why I agreed most with the right hon. Member for Blackburn (Mr Straw) when he described why incorporating the convention into our law and making it subject to the interpretation of the Supreme Court—our Court and our justices sitting not 300 yards from Parliament—was a way of making the convention, which is a fine document, something that the British people would come to respect and even love as part of their fundamental freedoms. I hope that the debate will be one small step along the way to us saying to the Strasbourg Court: ““Back in your box! Your role is to bring to our attention—this Parliament's attention—when you believe that our laws are out of kilter with the convention. But that is your role and no further. The specific questions of how the laws that we make apply to individual cases and citizens in this country should be for British judges in a British court.”” In that way, we would have a law that we could all respect.


Secondary information

Type
Proceeding contribution
Reference
523 c562-3 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Compensation Human rights Judgements European Court of Human Rights Prisoners Voting rights
Link
View this Proceeding contribution on www.publications.parliament.uk