European Court of Human Rights

HC Deb 18 April 2000 vol 348 cc468-9W

36. Mr. David Heath

To ask the Parliamentary Secretary, Lord Chancellor's Department what assessment he has made of the implications of recent judgments in the European Court of Human Rights for the role of the Lord Chancellor. [118162]

Mr. Lock

The position of the Lord Chancellor is unaffected by the McGonnell judgment. It is confined to the special position of the bailiff of Guernsey and to his role in that particular case. The Lord Chancellor has always maintained that the question in every case is whether Article 6 is complied with on the facts. The European Court confirmed this saying: The question is whether, in a given case, the requirements of the Convention are met.

Also, the court accepted the Government's submission that neither Article 6 nor any other provision of the Convention required states to comply with any theoretical concepts as such.