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Proceeding contribution from Robert Walter (Conservative) in the House of Commons on Thursday, 27 October 2011. It occurred during Debate on Council of Europe (UK Chairmanship).


Council of Europe (UK Chairmanship)

My hon. Friend is right to raise that point. We must strike the right balance—strike out spurious claims but not genuine ones. In some cases, those making genuine claims could be refused leave to appeal for, if I may say, political reasons, when their case should go to the Strasbourg Court. In this country, I have every confidence that the Supreme Court or any other lower court would act in the interests of the law and equity, but I might question the courts in a number of other member states—I will not name them in the Chamber. My third point concerns the competence of the Court and its relationship with national Parliaments and sovereign member states. That the House debated and voted overwhelmingly against prisoner voting rights showed that we in this country feel that somebody committed to jail for an indictable offence should have their voting rights taken away while in prison. That is at variance with the judgment of the Court. I am not a lawyer, but in my view it is absolutely right that a court can sentence somebody to prison and so deny their liberty in several areas. In sentencing them to prison, we are not infringing most of their convention rights—for example, we are not infringing their right to life or imposing on them inhuman and degrading treatment. Instead, we are deciding to deny them certain liberties—for example, by not allowing them to go home to their family every night, we are denying them the right to a family life.


Secondary information

Type
Proceeding contribution
Reference
534 c522 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Cyprus Democracy Homosexuality Human rights European Convention on Human Rights Gender European Union Internet Discrimination Freedom of expression European Court of Human Rights Parliament Sovereignty Reform Rule of law Turkey Council of Europe FIFA
Link
View this Proceeding contribution on www.publications.parliament.uk