HC Deb 14 February 1983 vol 37 c18
45. Mr. Marlow

asked the Attorney-General how many cases he has conducted before the European Court of Human Rights.

The Attorney-General

None. I have conducted one case before the European Commission of Human Rights.

Mr. Marlow

Is the court competent to judge cases concerning the discrimination in the level of grant available to individual adult students on the basis of something outside their control; in other words, parental income? If it were to pass judgment on this, has my right hon. and learned Friend any idea what that judgment would be?

The Attorney-General

An application of that kind would not be within the convention.

Mr. English

Would it be a good idea to have a European attorney-general or public prosecutor who, through a modest amendment of the convention, could prosecute any intentional breach of human rights committed in any state party to that convention?

The Attorney-General

I note that suggestion with interest.

Mr. Christopher Price

Did the Attorney-General conduct the Government's defence in the case, which I believe is still before the European court, concerning telephone tapping? If the judgment goes against the Government, will he guarantee to put down an amendment to the Police and Criminal Evidence Bill currently before the House?

The Attorney-General

I have learnt from hard experience that it is always unwise to answer hypothetical questions.

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