asked Her Majesty's Government:

Further to the Written Answer by the Baroness Ashton of Upholland on 25 May (WA 120), whether they have evaluated the jurisprudence of the courts of the other member states of the European Union in interpreting and applying the European Convention on Human Rights; and, if so, whether they will publish this evaluation.[HL6725]

The Prime Minister has asked the Home Secretary to consider,

“whether primary legislation is needed to address the issue for Court rulings which over-rule the Government in a way that is inconsistent with other EU countries’ interpretation of the European Convention on Human Rights”.

This work will include an evaluation of the jurisprudence of the courts of a number of other member states of the European Union in interpreting the convention, particularly in relation to the balancing of the rights of individuals against those of the wider community. This work is under way and will be completed shortly. No decision has yet been taken on publication.

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Ashton of Upholland on 20 June (WA 72), whether they have made an assessment of any cases in which the courts of other member states of the European Union have interpreted and applied Article 3 of the European Convention on Human Rights more restrictively than British courts but compatibly with the case law of the European Court of Human Rights; and, if so, whether they will publish details of such cases.[HL6726]

As part of the work that the Prime Minister has requested that both the Home Secretary and the Lord Chancellor undertake in relation to the operation and implementation of the Human Rights Act, the Government are examining the jurisprudence both of the European Court of Human Rights and of the courts of a number of member states of the European Union. This work will include an examination of the ways in which the courts of these member states have interpreted and applied various articles of the convention, including Article 3. No decision has been taken on publication.

asked Her Majesty's Government:

Further to the Written Answer by the Baroness Ashton of Upholland on 20 June (WA 72) regarding the interpretation of the European Convention on Human Rights, whether they intend (a) to include in their work an evaluation of the relevant case law and legislation of France, Germany and Spain, as European countries particularly affected by terrorism; and (b) to publish the results of this work.[HL6727]

The examination of the case law and legislation of key member states to which I have referred would specifically cover France, Germany and Spain as countries which have been directly affected by terrorism. In addition, I have, in my capacity as Minister with responsibility for human rights, had bilateral discussions with the justice Ministers of the Netherlands, Spain, France, Germany and Austria about the experience of their courts and Governments in applying anti-terrorism law in a way which is compatible with key articles of the European convention, including Article 3. These discussions will further inform the work being undertaken for the Prime Minister by the Home Secretary and the Lord Chancellor. However, no decision has been taken on publication.