Human Rights (Hansard, 23 January 1978)

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth Affairs to what extent the Joint Declaration on Human Rights by the European Parliament, the Council and the Commission (1977) creates access to judicial proceedings enforceable against Her Majesty's Government.

§ Mr. Judd
The Joint Declaration on Fundamental Rights is a statement of policy which has no legal force. It concerns the activities of the three Community institutions rather than those of the member States.

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth 448W Affairs under what provisions of the Convention judges from member States which have not ratified Article 46 of the European Convention on Human Rights may sit in the European Court on cases arising against member States which do recognise the compulsory jurisdiction.

§ Mr. Judd
The relevant provision is in Article 38 of the European Convention on Human Rights, which provides that the European Court of Human Rights shall consist of a number of judges equal to that of the members of the Council of Europe and that no two judges may be nationals of the same State. Whether or not a State has itself accepted the compulsory jurisdiction of the Court under Article 46 is thus not a factor in its providing a judge for the Court.

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth Affairs how many individual applications against the United Kingdom are currently lodged with the European Commission on Human Rights.

§ Mr. Judd
The exact number of cases lodged is known only to the Commission, where deliberations are confidential. 38 cases have been referred to Her Majesty's Government for observations and are thus known to be under active consideration by the Commission. The Commission is known to have adjourned consideration of a number of other cases, including some 300 complaints from Northern Ireland pending the judgment of the European Court of Human Rights in the case brought by the Government of the Republic of Ireland.

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth Affairs if he will briefly list the subject matter of individual applications against the United Kingdom currently lodged with the European Commission on Human Rights.

§ Mr. Judd
The subject matter of the 38 cases referred to Her Majesty's Government, of which I have told the hon. Member in another answer, is as follows:

(a) aspects of prison treatment and prison conditions;

(b) deportation;

(c) corporal punishment in schools;

(d) the law relating to homosexuality;
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(e) trial procedures;

(f) the closed shop;

(g) alleged discrimination in the provision of schools;

(h) Mental Health Review Tribunals and conditions in Broadmoor Hospital;

(i) housing in Guernsey;

(j) the postal service;

(k) insurance companies legislation;

(l) the Incitement to Disaffection Act 1974;

(m) the Prevention of Terrorism (Temporary Provision Act 1975);

(n) vaccination of Children.

A number of adjourned cases concern detention and internment in Northern Ireland and also immigration.

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth Affairs what was the cost to Her Majesty's Government in the latest 12 months for which figures are available of dealing with individual applications against the United Kingdom lodged with the European Commission on Human Rights.

§ Mr. Judd
I regret that I cannot give an immediate answer to this Question, which requires consultation with other Departments. I shall arrange for the information requested to be published in theOfficial Report as soon as it is available.

§ Mr. Silvester
asked the Secretary of State for Foreign and Commonwealth Affairs by what mechanism it is intended that breaches of the United Nations Covenant of Civil and Political Rights shall be enforceable in the event of a complaint against the United Kingdom being upheld by the Human Rights Committee.

§ Mr. Luard
It is the policy of Her Majesty's Government to support and assist the work of the Human Rights Committee, in keeping with its international obligations. Article 41 of the International Covenant on Civil and Political Rights sets out the procedure for handling complaints by States The United Kingdom has formally accepted this article, which, however, is not yet in force.