§ Lord McColl of Dulwichasked Her Majesty's Government:
Whether they will press for Article 9 of the current draft of the European Union Charter of Fundamental Rights to be gender specific in the same form as Article 12 of the European Convention on Human Rights. [HL3956]
§ Lord Bassam of BrightonNo. Article 9 of the proposed European Union Charter of Rights states that "the right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights". For the United Kingdom, the national laws in question must, following the Human Rights Act 1998, so far as possible be read and given effect compatibly with the European Convention on Human Rights.
The proposed charter will not be legally binding; nor does it apply to matters outside the competence of the Community.
§ Lord McColl of Dulwichasked Her Majesty's Government:
Whether Article 13 of the draft European Union Charter of Fundamental Rights presents any challenge to the restrictions on research specified by the Human Fertilisation and Embryology Act 1990. [HL3957]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)The charter will be a political declaration and is not legally binding. Article 51(1) specifies that the charter is addressed to member states only when they are implementing Union law. Embryo research is not subject to Union law, and therefore it is not the Government's view that the charter should affect the restrictions on research specified by the Human Fertilisation and Embryology Act 1990.