Clarke clashes with court chief over rights reforms

 

Justice Secretary Kenneth Clarke clashed with the president of the European Court of Human Rights today as he declared that it would undergo “substantial reforms”.

The changes - outlined in the Brighton declaration due to be formally adopted today - will lead to the Strasbourg-based court handling fewer cases in an attempt to clear a massive backlog, Mr Clarke said.

In an embarrassing move, however, the court’s president Sir Nicolas Bratza pre-empted his announcement by saying that governments should leave the court to decide how it carries out its own work, insisting the reforms would make no change to the type of cases considered.

Today’s declaration came at a time when the Government is at loggerheads with the ECHR over the deportation of radical cleric Abu Qatada.

Human rights’ experts insisted that Prime Minister David Cameron needed European “blood on his hands” in order to appease his own backbenches.

However, today’s watered-down version of the Conservatives’ initial reform proposals failed to impress some of the party’s MPs, who angrily called for a complete withdrawal from the European Convention and the creation of a British Bill of Rights during a Commons debate on the 51-year-old Jordanian.

Mr Clarke said a deal to reform the human rights court had been agreed after a debate amongst the 47 member nations of the Council of Europe in Brighton.

Among the key proposals is a recommendation that the ECHR should reject an application if a national court has already considered a similar one, unless there is a “serious” question about the correct interpretation of the law.

But Sir Nicolas insisted that was already the case.

Acknowledging the court clashed with member states at times over judgments, he added: “It is in the nature of the protection of fundamental rights and the rule of law that sometimes minority interests have to be secured against the view of the majority.”

Mr Clarke retorted: “I won't accuse him of complacency but I am a little less relaxed than Sir Nicolas about the progress being made.”

Sir Nicolas told the council it was essential the court remained independent: ”We are, I have to say, uncomfortable with the idea that governments can in some way dictate to the court how its case law should evolve or how it should carry out the judicial functions conferred on it.“

The British Government insists that thereforms are necessary to clear a backlog of 150,000 cases – with 3,000 pending from the UK alone – and to strengthen the convention, by placing more onus on nation states to implement it.

An earlier leaked draft of the declaration drew angry criticisms from human rights organisations who feared it would “neuter” the court. today, despite Government denials that Mr Cameron’s initial proposals had been watered down, experts said some of the most contentious issues had been softened to allow the ECHR more discretion.

News
The cartoon produced by Bruce MacKinnon for the Halifax Chronicle-Herald on Thursday, showing the bronze soldiers of the war memorial in Ottawa welcoming Corporal Cirillo into their midst
news
Voices
Funds raised from the sale of poppies help the members of the armed forces with financial difficulties
voicesLindsey German: The best way of protecting soldiers is to stop sending them into disastrous conflicts
Voices
Nigel Farage has backed DJ Mike Read's new Ukip song
voicesNigel Farage: Where is the Left’s outrage over the sexual abuse of girls in the North of England?
Property
One bedroom terraced house for sale, Richmond Avenue, Islington, London N1. On with Winkworths for £275,000.
property
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn unforgettable anthology of contemporary reportage
Life and Style
Text messaging changes as a relationship evolves
life
News
The comedian, 42, made the controversial comment following the athlete’s sentencing to five years for the culpable homicide of Reeva Steenkamp on Tuesday
peopleComedian's quip about Reeva Steenkamp was less than well received at music magazine awards
Sport
Cristiano Ronaldo in action for Real Madrid
football
News
peoplePerformer had recently been diagnosed with prostate cancer
Life and Style
food + drink
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

SSRS Report Developer - Urgent Contract - London - £300pd

£300 Per Annum: Clearwater People Solutions Ltd: SSRS Report Developer – 3 Mon...

KS1 Teacher

£95 - £150 per day: Randstad Education Birmingham: Key Stage 1 teacher require...

HR Business Partner - Essex - £39,000 plus benefits

£32000 - £39000 per annum + benefits + bonus: Ashdown Group: Generalist HR Man...

Trainee Recruitment Consultant

£18000 - £30000 per annum + uncapped: SThree: Do you feel like your sales role...

Day In a Page

How could three tourists have been battered within an inch of their lives by a burglar in a plush London hotel?

A crime that reveals London's dark heart

How could three tourists have been battered within an inch of their lives by a burglar in a plush London hotel?
Meet 'Porridge' and 'Vampire': Chinese state TV is offering advice for citizens picking a Western moniker

Lost in translation: Western monikers

Chinese state TV is offering advice for citizens picking a Western moniker. Simon Usborne, who met a 'Porridge' and a 'Vampire' while in China, can see the problem
Handy hacks that make life easier: New book reveals how to rid your inbox of spam, protect your passwords and amplify your iPhone

Handy hacks that make life easier

New book reveals how to rid your email inbox of spam, protect your passwords and amplify your iPhone with a loo-roll
KidZania lets children try their hands at being a firefighter, doctor or factory worker for the day

KidZania: It's a small world

The new 'educational entertainment experience' in London's Shepherd's Bush will allow children to try out the jobs that are usually undertaken by adults, including firefighter, doctor or factory worker
Renée Zellweger's real crime has been to age in an industry that prizes women's youth over humanity

'Renée Zellweger's real crime was to age'

The actress's altered appearance raised eyebrows at Elle's Women in Hollywood awards on Monday
From Cinderella to The Jungle Book, Disney plans live-action remakes of animated classics

Disney plans live-action remakes of animated classics

From Cinderella to The Jungle Book, Patrick Grafton-Green wonders if they can ever recapture the old magic
Thousands of teenagers to visit battlefields of the First World War in new Government scheme

Pupils to visit First World War battlefields

A new Government scheme aims to bring the the horrors of the conflict to life over the next five years
The 10 best smartphone accessories

Make the most of your mobile: 10 best smartphone accessories

Try these add-ons for everything from secret charging to making sure you never lose your keys again
Mario Balotelli substituted at half-time against Real Madrid: Was this shirt swapping the real reason?

Liverpool v Real Madrid

Mario Balotelli substituted at half-time. Was shirt swapping the real reason?
West Indies tour of India: Hurricane set to sweep Windies into the shadows

Hurricane set to sweep Windies into the shadows

Decision to pull out of India tour leaves the WICB fighting for its existence with an off-field storm building
Indiana serial killer? Man arrested for murdering teenage prostitute confesses to six other murders - and police fear there could be many more

A new American serial killer?

Police fear man arrested for murder of teen prostitute could be responsible for killing spree dating back 20 years
Sweetie, the fake 10-year-old girl designed to catch online predators, claims her first scalp

Sting to trap paedophiles may not carry weight in UK courts

Computer image of ‘Sweetie’ represented entrapment, experts say
Fukushima nuclear crisis: Evacuees still stuck in cramped emergency housing three years on - and may never return home

Return to Fukushima – a land they will never call home again

Evacuees still stuck in cramped emergency housing three years on from nuclear disaster
Wildlife Photographer of the Year: Intimate image of resting lions claims top prize

Wildlife Photographer of the Year

Intimate image of resting lions claims top prize
Online petitions: Sign here to change the world

Want to change the world? Just sign here

The proliferation of online petitions allows us to register our protests at the touch of a button. But do they change anything?