Mackay steps up court reform bid

Pressure by the United Kingdom to reform the European Court of Human Rights moved up a gear yesterday as behind-the-scenes diplomacy gave way to a well-publicised visit to Strasbourg by the Lord Chancellor, Lord Mackay of Clashfern, to press the Government's concerns, writes Patricia Wynn Davies.

The discussions centred on the so-called "margin of appreciation" - under which the court can recognise the right of states to order their social and domestic affairs according to national traditions - and on the appointment of judges, and the procedure of the court following the implementation of Protocol 11.

The protocol, signed by the UK in May 1994, will merge the European Commission for Human Rights, the first-tier body which draws up advisory opinions, and the European Court of Human Rights into a single permanent court.

During the round of talks the Lord Chancellor met the president of the court, the Norwegian judge Rolv Ryssdal; Daniel Tarschys, secretary-general of the court's 40-nation umbrella body, the Council of Europe; and Stefan Treschsel, the president of the commission.

The European Convention on Human Rights was drawn up in response to the gross violations during the Second World War. The UK ratified it in 1951 and later gave individuals the right to petition personally.

But Lord Mackay said: "Circumstances change and continue to change. While it remains necessary to have a system which can concentrate on substantial issues of fundamental human rights, it is just as important that the new court, without in any way diminishing the standards enshrined in the convention, continues (like the present court) to recognise the need for member states to manage their own affairs in full recognition of their national character, traditions, religious beliefs and moral standards."

Yesterday's visit follows relentless criticism by Tory MPs, particularly Euro-sceptics, of the Strasbourg court after a long line of verdicts against the UK. Lord Mackay pressed the case for greater opportunities to examine candidates' abilities and expertise in advance of the selection process.