§ Mr. Tim SmithTo ask the Attorney-General on how many occasions since 1979 the British Government have been subject to legal challenge in courts in the United Kingdom or in Europe on account of alleged breaches of the European convention on human rights; and if he will list in each case the substance of the alleged breach and the outcome of any legal proceedings.
§ The Attorney-GeneralThe European convention on human rights is not part of the law of the United Kingdom; an allegation of a breach of the convention's provisions cannot therefore found a cause of action in the courts of this country. The European court of human rights has delivered 22 judgments since 1979 in cases concerning the United Kingdom (excluding article 50 judgments, which concern damages and costs), of which the details are as set out:
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Date of judgment Name of case: subject matter Outcome 28 June 1984 Campbell and Fell (prison visitors; conduct of disciplinary proceedings) Breach of Article 6 in two respects and of Articles 8 and 13. No breach of Article 6 on the other points at issue. 2 August 1984 Malone (telephone tapping) Breach of Article 8. 28 May 1985 Ashingdane (detention of mental patient) No breach of Article 5(1), 5(4) or 6. 28 May 1985 Abdulaziz, Cabales and Balkandali (immigration: discrimination on grounds of sex) Breach of Articles 13 and 14 in one respect. No other breach of Article 13 or 14. No breach of Article 3 or 8. 21 February 1986 James (leasehold reform) No breach of Article 1 of Protocol No. 1, or of Articles 6(1) and 13. 8 July 1986 Lithgow (aircraft and shipbuilding nationalisation) No breach of Article 1 of Protocol No. 1, or of Article 14, 6(1) or 13. 17 October 1986 Rees (transsexual) No breach of Article 8 or 12. 26 October 1986 AGOSI (forfeiture by customs) No breach of Article 1 of Protocol No. 1. 24 November 1986 Gillow Breach of Article 8 in one respect. No breach of Article 8 in other respects, or of Article 6 or 14. 2 March 1987 Weeks (parole) No breach of Article 5(1). Breach of Article 5(4). 2 March 1987 Monnell and Morris (criminal appeals) No breach of Article 5(1), 6(1), 6(3)(c) or 14. 8 July 1987 O (child care) Breach of Article 6(1). No breach of Article 8. 8 July 1987 H, W, B, R (child care) Breach of Articles 6(1) and 8. 27 April 1988 Boyle and Rice (prisoners' correspondence and visits) No breach of Article 13. Breach of Article 8 in respect of one letter.