§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether they will list:
- (a) their outstanding human rights obligations, such as judgments of the European Court of Human Rights which await implementation;
- (b) their outstanding commitments to legislate on human rights; and
WA 82 - (c) those manifesto commitments on human rights which are still outstanding;
- and, in respect of each, why it is still outstanding, and when and how appropriate measures will be introduced. [HL748]
§ Lord Bassam of BrightonThere are 28 cases outstanding where the Court has found a violation and where the execution of the judgment is being supervised by the Committee of Ministers. They are A; Bowman; Cable, Hood and Others; Chahal; Gaskin; Gordon; Halford; Johnson, Denson and Poole; Johnson S; Lustig Prean and Beckett; Matthews; McLeod; John Murray; Perks and Others; Saunders; Scarth; Smith and Ford; Smith and Grady; Steel and Others; T and V; and Tinnelly and McElduff. In several of these cases the necessary payments have been made and remedial measures, where appropriate, have been taken; they await merely the closing resolution of the committee. In others, the measures are in the process of implementation or under consideration. To list the situation for each judgment would be too detailed for theOfficial Report and provide only a snapshot of a constantly changing situation. I shall write to the noble Lord with further details.
Since the enactment of the Human Rights Act 1998, the only outstanding legislative commitment is to amend three rules of family law to allow the United Kingdom to ratify the 7 Protocol to the European Convention on Human Rights; and there are no outstanding manifesto commitments on human rights.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
What time and priority have been given by the Home Secretary, the Lord Chancellor and the Law Officers since May 1997 to those wishing to meet them to discuss human rights issues, including implementation of outstanding judgments of the European Court of Human Rights and the Government's approach to human rights litigation; and what requests for such meetings have been made and are still to be dealt with. [HL749]
§ Lord Bassam of BrightonThe Government place great emphasis on human rights and to discussing human rights issues with interested parties. Information on the number of requests for meetings, on requests still to be dealt with, and on time given to such meetings, and an assessment of priority given to such meetings, could be provided only at disproportionate cost.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
How and through whom they conduct overall supervision of human rights matters so as to ensure that their European Convention on Human Rights obligations are implemented, whether in the case of outstanding judgments of the European Court of Human Rights or in anticipation of findings of incompatibility and likely adverse court judgments. [HL750]
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§ Lord Bassam of BrightonFor implementation of judgments of the European Court, the agent (one of the Foreign and Commonwealth Office Legal Advisers) communicates the judgment and explains its requirements to the lead department. It is for that department to pay any sums awarded by the Court and formulate any general measures which may be required, including proposals for legislation, but the agent ensures that the proposals would give proper effect to the judgment.
The Cabinet Office helps to co-ordinate issues which affect more than one department, working through a committee of officials from the key departments, which meets regularly. It is envisaged that consideration and implementation of decisions of domestic courts under the Human Rights Act 1998 will be co-ordinated in this way. The Home Office is also involved in making recommendations about preparations for implementation of the Act and passing on good practice to departments.
It is, however, the responsibility of each department to ensure that its proposals, legislation, procedures and practices are compatible with the Convention and the Human Rights Act 1998. This involves a continuous review of legislation and procedures for Convention points. Making compatibility a matter for the centre could dilute our efforts to mainstream human rights awareness throughout Whitehall.