It is “virtually impossible” to reform European laws on human rights despite a pledge by Kenneth Clarke, the former Lord Chief Justice said yesterday.
By Tom Whitehead, Home Affairs Editor 8:29AM GMT 22 Feb 2011
Mr Clarke, the Justice Secretary, said Britain would seek to kick-start reform of the European Convention on Human Rights (ECHR) and the European Court on Human Rights when it takes up a key role in Europe later this year.
But Lord Woolf signalled there is very little chance of anything changing because it would mean persuading 47 countries who are all signed up to the Convention.
The warning is a blow to David Cameron and his ministers who are reeling from a series of high profile human rights rulings imposed on the UK, including giving prisoners the vote.
The Prime Minister has announced a commission to examine the creation of a British Bill of Rights and the country’s relationship with the European court.
But Lord Woolf, who was the country’s most senior judge between 2000 and 2005, said a Bill of Rights would also cause conflict between the two.
It came as Lord McNally, the Justice Minister, likened the tensions between ministers and the judiciary to those between the State and the church in the 12th century that led to the assassination of Thomas Becket, the then Archbishop of Canterbury.
Mr Clarke said on Sunday that Britain would look to reform the ECHR to rebalance its relations with national courts when the UK takes over the chairmanship of the Council of Europe in November.
But Lord Woolf said: “We have got a stark option: either we accept the European Convention, or we don't accept it and decide to leave the Council of Europe.
"It's very difficult to do what Mr Clarke indicated he would like to do when he's chairman of the relative body, because there are 47 signatories in Europe which are signatories to the European Convention as well as ourselves.
“To try and amend that is a virtually impossible task."
He added that any possible Bill of Rights would also fail to solve the problem and would place judges in a difficult position trying to balance opposing rights.
He said: “If you have a further convention – a British Convention – there's going to be a complication in the position, because you're going to have two conventions to which the courts are going to have a regard.”
Mr Clarke has stressed there is no chance of the UK pulling out of the ECHR and Lord McNally, the Liberal Democrat peer, said membership of the Convention was a pillar to the Lib Dems involvement in the Coalition Government.
On the broader row, he added: “The tensions between ministers with the pressures of their daily jobs and the judiciary, it is not unknown across the centuries.
“‘Who will rid me of this turbulent priest’ goes back a 1,000 years.”.
That was reference to the comment said to be made by King Henry, known as the Young King, in 1170 that led to the assassination of Becket in Canterbury Cathedral.
Lord McNally added: “What is a good model in this country is we have the sovereignty of parliament and the independence of the judiciary.
“Both are firmly in place and the odd tension between the two, there is no harm at all.”
Shami Chakrabarti, director of Liberty, said: "We have a Bill of Rights in this country: it's called the Human Rights Act and is thoroughly British, European and universal in its values.
"It protects all of us from the whims of politicians and when the current frenzy of misinformation has died down, voters will worry about MPs who seek to put themselves above the law."
Comment: As I pointed out here the ECtHR has been undergoing reform for the last 12 months. Tom Whitehead please take note!
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