Session 2006-07, 23 February 2007
IMPLEMENTATION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS AND DECLARATIONS OF INCOMPATIBILITY
The Joint Committee on Human Rights is continuing its practice, established in the previous Parliament, of reviewing the implementation of judgments of the European Court of Human Rights (ECtHR) finding the United Kingdom to be in breach of the European Convention on Human Rights (ECHR). In March 2006, the Committee published its first progress report on the Implementation of Strasbourg Judgments.
In its recent report on its future working practices, the Committee agreed to expand its work to incorporate regular progress reports on the adequacy of the Government's response to declarations of incompatibility made under the Human Rights Act 1998.
The Committee has recently written to the Government to ask for information in relation to the implementation of several recent judgments of the ECtHR, a number of matters relating to the implementation of Strasbourg judgments more generally, and declarations of incompatibility. The Committee has requested information on:
The implementation of the judgments of the European Court of Human Rights in the following cases:
Martin v United Kingdom; Saadi v United Kingdom; Keegan v United Kingdom; Wainwright v United Kingdom; Blake v United Kingdom; Tsfayo v United Kingdom; Hirst v United Kingdom; Blackstock v United Kingdom; Massey v United Kingdom; Glass v United Kingdom; Connors v United Kingdom; John Murray v United Kingdom; A v United Kingdom; Beet v United Kingdom; Lloyd v United Kingdom; Hooper v United Kingdom; Yetkinsekercki v United Kingdom and Roche v United Kingdom.
The response of the Government to the declarations of incompatibility in:
R (Baiai) v Secretary of State and Another; Morris v Westminster City Council; Gabaj v First Secretary of State.
Delay in the implementation of judgments relating to the investigation of deaths engaging Article 2 ECHR;
General measures taken by the Government to meet the United Kingdom's obligation to execute Strasbourg judgments rapidly and effectively; and
The Government's general policy on declarations of incompatibility (including whether that policy has changed in light of the ECtHR decision in Burden v United Kingdom that a declaration of incompatibility may not be considered an effective remedy).
Copies of all letters written to Ministers on the above matters are included in the attached file (see below). The Committee would welcome submissions from outside organisations and individuals in relation to any of the issues on which it is seeking further information. Submissions should reach the Committee by 14 March 2007.
General advice on making submissions
Those intending to submit views should note that the Committee's role is restricted to the examination of human rights in the United Kingdom. It cannot consider individual cases, but can consider what general measures may be necessary to meet a judgment in an individual case and in order to avoid the human rights violation happening again and the adequacy of the domestic system of remedies for ensuring that individuals receive the redress to which they are entitled following a finding of a violation.
Submissions should be made by Word document e-mailed to [email protected] and a signed paper copy should be sent in the post. The e-mail should make clear the organisation or individual making the submission, with a full postal address. Submissions become the property of the Committee and may be printed, placed on the Internet or circulated by the Committee at any stage. The producers of submissions may also publish them elsewhere provided it is made clear they that they were prepared for the Committee. Evidence published other than under the authority of the Committee does not attract parliamentary privilege.
Further information on the Joint Committee is available on its website at http://www.parliament.uk/jchr/
THE MEMBERS OF THE COMMITTEE ARE:
Mr Andrew Dismore MP (Labour, Hendon) (Chairman)
Lord Fraser of Carmyllie (Conservative)
Mr Douglas Carswell MP (Conservative, Harwich)
Lord Judd (Labour)
Nia Griffith MP (Labour, Llanelli)
Lord Lester of Herne Hill (Liberal Democrat)
Dr Evan Harris MP (Liberal Democrat, Oxford West & Abingdon)
The Earl of Onslow (Conservative)
Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills)
Lord Plant of Highfield (Labour)
Mark Tami MP (Labour, Alyn & Deeside)
Clerks of the Committee: Mr Nick Walker (House of Commons) 020 7219 2797 and Mr Bill Sinton (House of Lords) 020 7219 5358
ENQUIRIES: 020 7219 2797/2467 FAX: 020 7219 8393
E-MAIL: [email protected]