Parliamentary Question - Belmarsh Judgment

Tony Baldry (Banbury) (Con): Does the Home Secretary accept that the Law Lords did not make what he described as an ethical, moral or philosophical judgment, but a legal judgment? Does he accept that that judgment is now a statement of law regarding the relationship between human rights legislation and terrorism legislation? Since the judgment, he has given the impression—unintentionally, I am sure—of being rather contemptuous of it.

Mr. Clarke: I am not at all contemptuous of the Law Lords' judgment. Theirs is the very highest court, and they judge the law in the way described by the hon. Gentleman. However, as an experienced parliamentarian, he will understand the relationship between their judgment and the duties and obligations of Parliament. That was clearly established at every point during the progress of the Human Rights Act, and rightly so. That has also been made clear by my right hon. Friend the Foreign Secretary and my right hon. Friend the Member for Sheffield, Brightside, the former Home Secretary, who I am delighted to see is present. That has been clear throughout the whole of this discussion. The Law Lords understand that very well and I am sure that the hon. Gentleman understands it properly, but it is in the light of that that the judgments have to be made by this Parliament.