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Proceeding contribution from Martin Horwood (Liberal Democrat) 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)

I do not think that there is any suggestion that we will repeal the Human Rights Act, which actually allows this country to exercise its sovereignty by bringing the European convention on human rights into British law and giving British judges the right to enforce it. That is a re-enforcement of British sovereignty, so I would be surprised if any such suggestion were made. However, the European Court of Human Rights clearly has a lot of problems. Mention has been made of the 155,000-case backlog. Obviously it is right that the British chairmanship should work to ensure that the Court's judgments are implemented across the rest of Europe as well as they are in the UK, that its membership is of sufficiently high quality and, most importantly, that it does not act as a substitute for domestic courts. One good initiative by the coalition has been the establishment of the commission on a Bill of Rights, which has already made interim recommendations on reforming the Court. The commission said in July:"““It is essential for the Court to be able to address cases involving serious questions affecting the interpretation or application of the Convention, and serious issues of general importance, where the Court's intervention is justified. The Court should be a court of last resort, and not a first port of call for all human rights issues. It should be adjudicating hundreds of cases a year, not thousands, and certainly not tens of thousands, and ensuring that the principle of subsidiarity is observed by national institutions with the primary responsibility for the protection of human rights””." The British chairmanship should build on that report, and seize the opportunity to take forward reform of the Court. I also hope, however, that the UK chairmanship will not be entirely distracted by the mechanics of human rights, and that it will champion those rights where they need to be championed. In that respect, the UK chairmanship can build on the excellent work of the Foreign Secretary in his extensive report on human rights and democracy produced last year. It contains a list of countries causing concern to the British Government because of their human rights record. That list includes several European countries and one member state of the Council of Europe. Outside the Council of Europe it highlights Belarus, which is currently barred from membership because of its human rights record. The Foreign Secretary's report describes ““successive waves of repression”” in that country. The Deputy Prime Minister has referred to it as ““Europe's shameful secret””. The Liberal Democrats' own youth organisation has highlighted the struggle of its Belarusian sister organisation, Civil Forum, stating that its members"““continue to protest against the regime despite the potential violence they often face. Their struggle for human rights and political freedom is an inspiration to the global Liberal Youth movement.””" Sadly, I am sure that similar things could well be happening in such organisations in other political traditions as well. If the UK chairmanship can advance the cause of human rights in Belarus, that would be extremely welcome. Russia also gets an unfavourable mention in the Foreign Secretary's list. The report talks about"““restrictions on freedom of assembly, harassment and obstruction of NGOs and journalists””." It also states:"““Human rights defenders in Russia remained at high risk in 2010.””" It highlights the cases of Oleg Orlov, of the human rights organisation Memorial, and of Sapiyat Magomedova, a human rights lawyer. It also mentions the trials of Mikhail Khodorkovsky and Platon Lebedev, and talks about the circumstances surrounding the murder of Anna Politkovskaya, about which many questions remain unanswered. This is all very sad, because Russia has for centuries been a pillar of European culture and civilisation, and it needs to understand that showing respect for freedom, democracy and the rule of law is absolutely essential if it is to become a full member of the European family of nations. As well as mentioning Belarus and Russia, the report also refers to examples even closer to the heart of Europe. Hungary's new constitution gives cause for concern, and Amnesty International has highlighted issues in it relating to the rights of women, as well as to"““the provision allowing for life imprisonment without the possibility of parole…and the exclusion of sexual orientation from the protected grounds of discrimination””." Hungary was in many ways at the starting point of Europe's democratic revolution in 1989. It is a free democracy, and a full member of the Council of Europe and of the European Union, and it would be a great shame if it were to acquire a poor reputation in the area of human rights. I hope that under the UK chairmanship of the Council of Europe we shall see proactive debate and promotion of human rights, democracy and the rule of law. I welcome the Minister's remarks on the forthcoming London conference on cyberspace. It is important for it to tackle the threats from cyber-crime and even co-ordinated cyber-attack. I also hope, however, that, in line with our role in the Council of Europe, it will emphasise the values of freedom on the internet and in cyberspace. Throughout the whole episode of the Arab spring so far, we have seen how important that freedom can be to championing democracy and human rights. On the question of the budget, the Council of Europe is a relatively small institution in the great continental scheme of things, but it has had a staggeringly large impact for its size, and I believe that it provides very good value for money. The United Kingdom should pursue an active and successful chairmanship of the Council, as that would be in our national interest, as well as in the interest of our citizens and citizens across the whole continent of Europe.


Secondary information

Type
Proceeding contribution
Reference
534 c545-7 
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