HL Deb 12 January 1998 vol 584 cc167-8WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that they have international obligations to: (a) secure rights under the European Convention on Human Rights; and (b) provide effective remedies for breaches of those rights, for everyone within the Isle of Man and the Channel Islands; and if so, what steps have been taken by the Government to give effect to those obligations.

Lord Williams of Mostyn

The obligation on Her Majesty's Government is to ensure that the Crown Dependencies comply with the European Convention on Human Rights. All Channel Islands Laws and Isle of Man Acts are scrutinised to ensure that they comply with this and other international obligations.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the courts of the Isle of Man and the Channel Islands respectively have given effect to the European Convention on Human Rights in their decisions; and if so, in which cases this has been done.

Lord Williams of Mostyn

The convention has not been incorporated into domestic law in the Crown Dependencies. It is applied by the Island courts only in limited circumstances, as is presently the case in the United Kingdom.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the courts of the Isle of Man and the Channel Islands respectively are required or authorised to provide effective remedies for breaches of the European Convention on Human Rights by public authorities within their jurisdiction; and if so, how such a requirement or authorisation is prescribed by law.

Lord Williams of Mostyn

The courts in the Isle of Man and the Channel Islands are not required or authorised directly to provide remedies for breaches of the European Convention on Human Rights. People in the Crown Dependencies may petition the European Commission of Human Rights in the same way as people in the United Kingdom may do.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they have renewed the right of individual application under the European Convention on Human Rights in respect of the Isle of Man and the Channel Islands; and if not, why not.

Lord Williams of Mostyn

The right of individual petition was renewed on 3 June 1993 in respect of the Isle of Man and with effect from 14 January 1996 in respect of the Channel Islands.