European Charter of Human Rights

HL Deb 27 November 2000 vol 619 cc113-4WA

Lord Stoddart of Swindon

asked Her Majesty's Government:

Further to the Written Answer by Baroness Scotand of Asthal on 9 November (WA 167–168) concerning the proposed European Charter of Human Rights, how the statement that "The Charter is not legally binding" can be reconciled with a following statement: "In deciding how to interpret fundamental rights the ECJ is now, and will remain, free to have regard to relevant material. That may include the Charter". [HL4657]

The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Scotland of Asthal)

The two statements are consistent. The EU is already obliged to respect fundamental rights, as guaranteed by the ECHR and resulting from the constitutional traditions common to the member states; and the ECJ is responsible for ensuring that this happens. That obligation to respect fundamental rights was first given treaty status at Maastricht.

The ECJ can and does look at all kinds of sources. It does not follow that the charter will itself become legally binding as a result. The fact that there is language in the charter does not mean that the ECJ has to take it into account. It would only become manadatory for the ECJ to take account of the charter if it were incorporated into the treaties or otherwise made legally binding. We and others have made our opposition to that clear.