Government must answer questions on derogation from European Convention on Human Rights

• Letter to Rt Hon Michal Fallon MP re proposal of derogation from the European Convention on Human Rights
• Joint Committee on Human Rights

The Committee has asked to be provided with a detailed memorandum:

• setting out the reasons why the Government considers a derogation from the ECHR to be necessary
• identifying the evidence which demonstrates that necessity
• explaining why the pre-conditions for a valid derogation are met
• addressing the wider implications of the proposed derogation for the European system of human rights protection
• indicating the Government's plans to facilitate parliamentary scrutiny of the derogation

Chair's comments

Committee Chair Harriet Harman said

"Derogating from the UK's international human rights obligations is a very serious matter which calls for the most careful scrutiny by Parliament.  The last time the UK derogated from the ECHR, in the wake of 9/11, the derogation received little parliamentary scrutiny and was later found to be incompatible with the ECHR by both the UK's highest court and the European Court of Human Rights.  The Government's case for derogating rests on a number of assertions which need to be rigorously tested.  We have written to the Government asking it a number of detailed questions which will enable us to scrutinise the Government's claims about the necessity for taking such an exceptional step, and to help Parliament reach its own view about whether a derogation is justified."

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