HC Deb 16 July 1997 vol 298 c186W
Sir Michael Spicer

To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has for the implementation of the provisions of the Amsterdam treaty if it is not ratified by one or more of the member states. [8575]

Mr. Doug Henderson

The Treaty must be ratified by all 15 Member States in accordance with their respective constitutional requirements, before it can come into force. Should any Member State fail to ratify the Treaty, it could not be implemented in its current form.

Mr. David Atkinson

To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if the definition of human rights, as referred to in the new article F1 of the treaty on European Union as created by the draft Amsterdam treaty, will be the same as that in the European convention on Human Rights; [8852]

(2) if the definition of human rights, as referred to in the new article F1 of the treaty on European Union as created by the draft Amsterdam treaty, will include (a) freedom of information, (b) rights to welfare, (c) rights for the disabled, (d) rights for gays and lesbians, (e) employment rights, (f) the rights of refugees and asylum seekers, (g) health and safety provisions, (h) the right to strike and (i) social rights; [8854]

(3) what scope there is for the definition of human rights as referred to in the new article F1 of the treaty on European Union as created by the draft Amsterdam treaty to be widened beyond the scope of the European convention on Human Rights; [8853]

(4) what is the definition of human rights as referred to in the new article F1 of the treaty on European Union as created by the draft Amsterdam treaty. [8851]

Mr. Doug Henderson

The reference to human rights and fundamental freedoms in Article F.1 of the Treaty on European Union (TEU) is clarified by Article F.2 as "fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights (ECHR) and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law." The second part of that definition may differ from or go beyond the rights guaranteed by the ECHR. Article F.2 does not by itself confer such rights as freedom of information, welfare rights, rights for disabled people, rights for gays and lesbians, employment rights, rights of refugees and asylum seekers, health and safety provisions, the right to strike or social rights. It requires EU and Community Acts in any of those areas to respect the relevant requirements of the ECHR or other rules on fundamental rights.

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