HL Deb 10 February 2005 vol 669 cc134-5WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider United Kingdom law to he compatible with the obligation imposed by Article 5(4) of the European Convention on Human Rights to ensure that United Kingdom courts have the power to order the release of a person whose detention is unlawful under convention law; and. if so, what are their reasons for considering United Kingdom law to be compatible with Article 5(4) in this respect. [HL1163]

Baroness Ashton of Upholland

The Government believe that UK law is compatible with the obligation imposed by Article 5(4), because UK law permits courts to order the release of prisoners whose detention is unlawful under domestic law. Further, in assessing whether a detention is lawful under convention law, that convention law is to be read in light of any derogations notified to the Secretary-General of the Council of Europe under Article 15 of the European Convention.