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Lord Falconer of Thoroton
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Falconer of Thoroton, Lord (38)
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My Lords, I am not sure that the wording of that Answer was precisely as the noble Lord said—I will need to check it. No, it is not a criticism of the judges; they do that which the law requires them to do. If that gives rise to concern, the right way to deal with it is to change the law, but that must be done in accordance with the terms of the convention, which we as a country substantially wrote and signed up to 50 years ago.
My Lords, I am not sure that the wording of that Answer was precisely as the noble Lord said—I will need to check it. No, it is not a criticism of the judges; they do that which the law requires them to do. If that gives rise to concern, the right way to deal with it is to change the law, but that must be done in accordance with the terms of the convention, which we as a country substantially wrote and signed up to 50 years ago.
Answered by
Lord Falconer of Thoroton
(Labour)
Type
Oral answers to questions
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c472
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am still noble and learned. When my noble friend the Leader of the House said that the independents should ask a question, she plainly meant the noble Lord, Lord Tebbit, not the unindependent anti-European party. The convention is never reviewed, although its workings are reviewed, and it is disgraceful that the noble Lord, Lord Stoddart of Swindon, presses on with that canard about the Human Rights Act requiring the man on the roof to be given cigarettes and food. It did not—it had nothing to do with it.
My Lords, I am still noble and learned. When my noble friend the Leader of the House said that the independents should ask a question, she plainly meant the noble Lord, Lord Tebbit, not the unindependent anti-European party. The convention is never reviewed, although its workings are reviewed, and it is disgraceful that the noble Lord, Lord Stoddart of Swindon, presses on with that canard about the Human Rights Act requiring the man on the roof to be given cigarettes and food. It did not—it had nothing to do with it.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Stoddart of Swindon
(Independent Labour)
Type
Oral answers to questions
My Lords, I did not hear that, but I am most obliged to the noble Baroness the Leader of the House.
I ask the noble and learned Lord—is he still ““the noble and learned Lord””?
My Lords, I have two questions for him. First, how often, if at all, is the European convention reviewed? Secondly, can I ask him about activities, particularly by the police, that may bring the convention into disrepute? I am thinking of the man on a tin roof who was bombarding everyone—and people’s property—with stones. To see that he had his human rights, the police, far from helping to bring him down, sent up not only food but cigarettes to him. That really brings things into disrepute.
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c474
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I agree strongly with the last point made by the noble Lord: the Human Rights Act does not inhibit any rational and robust approach to crime and terrorism. Indeed, having a clear set of rules makes it possible to take robust measures because, with a clear set of parameters, you know where you stand, and tough measures can be taken because there are clear safeguards.
My Lords, I agree strongly with the last point made by the noble Lord: the Human Rights Act does not inhibit any rational and robust approach to crime and terrorism. Indeed, having a clear set of rules makes it possible to take robust measures because, with a clear set of parameters, you know where you stand, and tough measures can be taken because there are clear safeguards.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Goodhart
(Liberal Democrat)
Type
Oral answers to questions
My Lords, do the Government accept that human rights legislation is most important not when it is popular but when it is unpopular? Do they also accept that, given the extent to which the European Convention on Human Rights allows concerns about national security to be taken into account and permits derogations in times of crisis, human rights legislation does not inhibit any making of rational and necessary legislation against terrorism?
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c472-3
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, my noble friend makes an important point. I have read the report of the noble and learned Lord, Lord Woolf, and the other people engaged in work with him. There are unacceptable delays in the European Court. There are too many cases, and they often come from countries that are quite new signatories to the Council of Europe treaty and the convention. The European Court must decide how it deals with that problem, and we will provide any assistance that it asks for.
My Lords, my noble friend makes an important point. I have read the report of the noble and learned Lord, Lord Woolf, and the other people engaged in work with him. There are unacceptable delays in the European Court. There are too many cases, and they often come from countries that are quite new signatories to the Council of Europe treaty and the convention. The European Court must decide how it deals with that problem, and we will provide any assistance that it asks for.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Tomlinson
(Labour)
Type
Oral answers to questions
My Lords, my noble and learned friend agreed with the noble and learned Lord, Lord Lloyd of Berwick, about the importance of the European Court of Human Rights in Strasbourg. Will he therefore undertake to look at the report produced by the noble and learned Lord, Lord Woolf, which drew attention to the serious underfunding of that court, and reflect on it to see what action Her Majesty's Government need to take to ensure that it is properly financed?
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c473
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I am not sure what my noble friend has in mind, but Scots should be able to vote here and in the other place on every issue.
My Lords, I am not sure what my noble friend has in mind, but Scots should be able to vote here and in the other place on every issue.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Foulkes of Cumnock
(Labour)
Type
Oral answers to questions
My Lords, I am just trying to get that thought out of my mind.
Will my noble and learned friend help me and advise the House on whether it would be possible for some of my former colleagues in the House of Commons to go to the European Court in Strasbourg if some future Government were to try to remove some of their rights as elected Members, such as taking away the right to vote on certain matters in the House of Commons?
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c473-4
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I do. That is what is meant by the independence of the judiciary. Problems with the enforcement of the convention very often arise, as I indicated in my Answer, because of misunderstandings and misapplications of the Act, as in the tragic case of Naomi Bryant, who was murdered by somebody who should not have been released. The Chief Inspector of Probation said that he might have been released because of misapplications and misunderstandings of the Act.
My Lords, I do. That is what is meant by the independence of the judiciary. Problems with the enforcement of the convention very often arise, as I indicated in my Answer, because of misunderstandings and misapplications of the Act, as in the tragic case of Naomi Bryant, who was murdered by somebody who should not have been released. The Chief Inspector of Probation said that he might have been released because of misapplications and misunderstandings of the Act.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Lloyd of Berwick
(Crossbench)
Type
Oral answers to questions
My Lords, does the noble and learned Lord agree that the meaning of the European Convention on Human Rights is a question for the judges and, ultimately, for Strasbourg, and not for Her Majesty’s Ministers?
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c472
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the review of the Rice case by Her Majesty’s Chief Inspector of Probation has shown that the Human Rights Act may be being misapplied by the probation and parole systems by giving insufficient importance to the state’s primary responsibility to provide public protection. Some court judgments have led to public debate about the workings of the Act. We are reviewing, overall, the working of the Act and will do whatever is necessary to ensure that the Human Rights Act works as it is supposed to, but we will not repeal the Act, and we will not leave or act inconsistently with the convention.
My Lords, the review of the Rice case by Her Majesty’s Chief Inspector of Probation has shown that the Human Rights Act may be being misapplied by the probation and parole systems by giving insufficient importance to the state’s primary responsibility to provide public protection. Some court judgments have led to public debate about the workings of the Act. We are reviewing, overall, the working of the Act and will do whatever is necessary to ensure that the Human Rights Act works as it is supposed to, but we will not repeal the Act, and we will not leave or act inconsistently with the convention.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Lord Tebbit
(Conservative)
Type
Oral answers to questions
Which persons’ or bodies’ application of the human rights legislation has caused them to review the way in which such legislation is being applied.
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c472
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Prime Minister was referring to things such as the inability before the 2003 Act to have indeterminate sentences to provide proper public protection in many cases or the inability to look into people's bank accounts for evidence of money laundering, for example. We also need to ensure that what happened in the Rice case, as described by the Chief Inspector of Probation, does not happen again. I am glad that the noble Baroness could take time off from hugging a hoodie to come and ask that question today.
My Lords, the Prime Minister was referring to things such as the inability before the 2003 Act to have indeterminate sentences to provide proper public protection in many cases or the inability to look into people's bank accounts for evidence of money laundering, for example. We also need to ensure that what happened in the Rice case, as described by the Chief Inspector of Probation, does not happen again. I am glad that the noble Baroness could take time off from hugging a hoodie to come and ask that question today.
Answered by
Lord Falconer of Thoroton
(Labour)
Asked by
Baroness Wilcox
(Conservative)
Type
Oral answers to questions
My Lords, if, as the Prime Minister rightly said, the balance between the criminal and the victim has gone wrong in the past eight years, is that not good cause to review the part played in that by the Human Rights Act?
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c473
Chamber / Committee
House of Lords chamber
House
House of Lords
Which persons’ or bodies’ application of the human rights legislation has caused them to review the way in which such legislation is being applied.
Which persons’ or bodies’ application of the human rights legislation has caused them to review the way in which such legislation is being applied.
Asked by
Lord Tebbit
(Conservative)
Answered by
Lord Falconer of Thoroton
(Labour)
Oral questions - Lead
Status
Answered
For answer on
10 July 2006
Answered on
10 July 2006
My Lords, the review of the Rice case by Her Majesty’s Chief Inspector of Probation has shown that the Human Rights Act may be being misapplied by the probation and parole systems by giving insufficient importance to the state’s primary responsibility to provide public protection. Some court judgments have led to public debate about the workings of the Act. We are reviewing, overall, the working of the Act and will do whatever is necessary to ensure that the Human Rights Act works as it is supposed to, but we will not repeal the Act, and we will not leave or act inconsistently with the convention.
Legislation
Human Rights Act 1998
Subjects
European Convention on Human Rights; Reviews
Date
10 July 2006
Reference
684 c472
Chamber / Committee
House of Lords chamber
House
House of Lords
Lords statement on What the findings were of the independent inquiry into the National Asylum Support Services dealings with the Landmark Company. [HL 2417]. - Includes fact that summary of the report of the inquiry in Library.
Lords statement on What the findings were of the independent inquiry into the National Asylum Support Services dealings with the Landmark Company. [HL 2417]. - Includes fact that summary of the report of the inquiry in Library.
Asked by
Baroness Ramsay of Cartvale
(Labour)
Answered by
Lord Falconer of Thoroton
(Labour)
Type
Written questions
Status
Answered
For answer on
3 April 2003
Answered on
3 April 2003
Subjects
Contracts; Asylum; Housing; Temporary accommodation; Reviews; National Asylum Support Service; Landmark Liverpool
Date
3 April 2003
Reference
HL 2417; 646 c143-4WA
House
House of Lords