§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Baroness Scotland of Asthal on 1 May (WA 120) whether they consider that legislation is necessary to give effect to decisions of the European Court of Human Rights where a breach by the United Kingdom of the European Convention on Human Rights relates not to a provision of incompatible domestic legislation but to an incompatible rule of common law. [HL2726]
The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal): Legislation is not usually necessary when a rule of common law is found by the European Court of Human Rights to be incompatible with the European Convention on Human Rights, because the common law can be corrected by UK judges in the light of the judgment of the European Court. Under Section 6 of the Human Rights Act, a court or tribunal is bound to act compatibly with the convention rights unless prevented by primary legislation.