§ Mr. David HeathTo ask the Secretary of State for the Home Department for what reason the United Kingdom has not ratified Protocol 7 of the European Convention on Human Rights and Fundamental Freedoms. [40369]
§ Mr. Mike O'BrienThere are a few provisions in our domestic law—for example, at common law a husband has a duty to maintain his wife, but not vice versa—which are not compatible with Protocol 7. We intend to legislate to remove these inconsistencies, when a suitable opportunity occurs, and then to sign and ratify the Protocol.
§ Mr. David HeathTo ask the Secretary of State for the Home Department for what reason the United Kingdom has not ratified Protocol 4 of the European Convention on Human Rights and Fundamental Freedoms signed in September 1963. [40370]
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§ Mr. Mike O'BrienRatification of Protocol 4 will be possible only if potential conflicts with our domestic laws can be resolved. There is a particular concern in relation to Article 3(2) of the Protocol, which protects the right of nationals not to be excluded from their home state. This could be taken as conferring the right of abode in the United Kingdom on various categories of British nationals who do not have it.