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The Secretary of State for Wales (Mr. Ron Davies): Think how we felt.
Mr. Garnier: I am sure I can, but think how I felt with my swing of only 2.9 per cent. I felt like Smuggit-the-Puggit as I sat there watching the screen as greater politicians than I were swept aside by the landslide.
However, the election result brings with it not only good fortune--and my good wishes--but great responsibility. I hope that the new Government will reflect carefully on everything they do and will not be overcome by their sense of power, rushing things through with enthusiasm but without considering the detail of what they are doing.
I shall concentrate my few remarks on the aspiration to incorporate the European convention on human rights--ECHR--in United Kingdom law. As the hon. Member for Upper Bann (Mr. Trimble) said, it is interesting that the Government intend to introduce only the main provisions of the convention. I assume that that means the convention without the protocols. No doubt that will be made clear in due course, as will the reason--if a part, why not the whole?
The convention was the first major achievement of the Council of Europe--the grouping of 10 democratic European states set up in 1949. In the statute of the Council of Europe, the signatories agreed:
In 1949 and 1950, the ECHR also served to distinguish the democratic states of western Europe from the Soviet-occupied and communist states of eastern and central Europe. Perhaps that is why the human rights information centre of the Council of Europe states that the ECHR is
For many years, there have been arguments about the pros and cons of incorporating the convention. For some, it would be intrinsically desirable as a substitute for the national Bill of Rights that some other countries have entrenched in their constitutions. Drawing up a new Bill of Rights from scratch would inevitably be a difficult and controversial process and could bring conflicts with international agreements such as the European convention, whereas the convention is readily available and is already the yardstick against which human rights in the United Kingdom and many other European countries are measured at Strasbourg.
Supporters of incorporation also hold that it would be preferable for the majority of cases involving the convention to be resolved by British judges in accordance with British approaches to the interpretation of legal texts. For the opponents of incorporation, that might be a disadvantage, as it could give unelected judges the power to question and strike down laws passed by Parliament, whereas the present arrangements at least give Parliament some discretion in how a breach identified in Strasbourg might best be remedied. The evidence from other countries suggests that incorporation might not affect the number of British cases taken to Strasbourg as much as is sometimes supposed.
In practice, there have already been cases in which British courts have taken account of the convention to assist in the interpretation of British law, and some have argued that incorporation is already almost an accomplished fact. The increasing reliance on the convention as a yardstick for European Union legislation and the introduction of references to it in EU treaties are taken as a further pointer in that direction. Certainly, judgments handed down in Strasbourg have already had significant effects on British law and, more important, practice. There have been a number of rulings either partly or entirely against the United Kingdom.
I urge the Government to remember that the English system of law is predominantly remedy rather than rights based, be it in statute or under the common law. We have only to look at some of the convention's articles to realise that in some respects everything contained in them is already part of our law while in others they bring us dangerously close to creating a conflict between the House and our judiciary. Some of the articles read as follows:
It is important to bear in mind what my right hon. and learned Friend the Member for North-East Bedfordshire said about there being exceptions to the rights that are set out. Signatories to the convention are allowed to depart from the articles, and it will be for judges and not for Parliament to decide whether an Act of Parliament or an act by the Government is in line with the popular will or the provisions of the European convention.
Mr. Gareth Thomas (Clwyd, West):
I am grateful for the opportunity to make my maiden speech so early in the Parliament. I think that I am the first "new Labour" Member to make a maiden speech today. The constituency that I have the privilege to represent results from the most recent parliamentary boundary review, which brought about major changes to the constituencies that were formerly contained in the old county council area of Clwyd.
My constituency is in the central part of north Wales and is probably the Principality's most diverse constituency. It consists of a coastal belt stretching from Rhos-on-Sea and Colwyn Bay to the outskirts of Rhyl. It has a large rural hinterland comprising the county borough of Conwy and the new Denbighshire. It includes in its boundaries the famous historic town of Ruthin which was for so long associated with the major historical figure of Owain Glyndwr.
The area that I represent was formerly represented by two hon. Members, my hon. Friend the Member for the new constituency of Clwyd, South (Mr. Jones) and Mr. Rod Richards. Until the general election, Mr. Richards was described as the safest Tory in Wales.
My hon. Friend the Member for Clwyd, South has represented the rural parts of my constituency since 1987. He is held in high esteem as an assiduous Member and he has a large personal following, based, I am sure, on his experience and expertise in agriculture and the environment, which are major concerns of my constituents.
Mr. Rod Richards, the former Member for Clwyd, North-West, was a politician with a robust, not to say at times combative, style, which many Members would say was at variance with that of his Conservative predecessor, Sir Anthony Meyer, who, to this day, is held in high regard, even in staunchly Labour areas of my constituency. Perhaps what can be said on behalf of Mr. Richards is that he brought a touch of iconoclasm to political debate in Wales, a country--and I speak as a Welshman and am proud of the fact--whose institutions are perhaps sometimes over-sensitive to criticism.
Mr. Richards and I fought a good-natured contest. He accepted defeat gracefully and I wish him and his family well as he readjusts to a life outside Westminster. Clwyd, West was regarded as the safest Conservative seat in Wales and its loss has meant that the Conservative party has no parliamentary representation in Wales, a matter which hon. Members may feel has some significance in the context of our debate on the constitutional aspects of the Gracious Speech.
The Conservative party has long since ceased to be a serious force in local government in Wales. During the past 18 years, Conservative rule has been exercised through an increasingly powerful and unaccountable Welsh Office and through an array of quangos, which, to a large extent, have been filled with persons sympathetic to the Conservative party. A substantial majority of my constituents will welcome the commitment in the Gracious Speech to establish a Welsh Assembly to renew our democracy in Wales.
I am pleased to note that the voting arrangements in respect of that assembly will contain a substantial element of proportionality. I am sure that due regard will be given to regional interests in Wales, particularly those of north Wales.
The assembly will provide a national focus, which is much needed in Wales. It will develop a strategy for economic regeneration and it will improve not only accountability, but, most important, the quality of decision making. That is particularly apposite in a country that has had two major mistakes imposed on it: nursery vouchers and major local government reorganisation, which was imposed without proper consultation.
I fought the election on a strongly pro-devolution platform, in marked contrast to my Conservative opponent, who maintained an implacable hostility to any concept of devolution. Clwyd, West is notable because the anti-Tory vote was split. Plaid Cymru and the Liberal Democrats have respectable support in that region.
The fact that many supporters of those parties voted Labour is a hopeful sign that there will be strong cross-party unity in the forthcoming referendum campaign in Wales for a yes vote.
I applaud the sentiments of my hon. Friend the Member for Glasgow, Kelvin (Mr. Galloway), who said that we had to be inclusive in our approach. I am sure that we will be. There are indications that some prominent Welsh Tories are prepared to reconsider their hostility to devolution and to accept a more realistic approach to constitutional reform. That will be welcomed by many of my constituents.
I am pleased to be able to serve my constituency. It is a great privilege. Colwyn Bay is the largest town in my constituency and the second largest in north Wales. Towards the end of the last century, it grew as a popular holiday and retirement area for people from north-west England. Its development was inextricably linked to the railway and its continued economic well-being will require improvements and electrification of the north Wales line, a matter which I will pursue in this Parliament.
Colwyn Bay benefits from a magnificent coastal position with a spectacular backdrop of mountains and hills. However, it is fair to say that, in common with many parts of this country and with the neighbouring communities of Abergele and Kinmel Bay, it has suffered economic decline in recent years. Unemployment, low wages, poor housing and crime are serious concerns of my constituents. They will welcome the proposals contained in the Gracious Speech to tackle the social evils of unemployment, exploitation in the workplace and poor housing. The Government's proposals to combat crime will also meet with approval.
The future of Colwyn Bay lies in diversity. I expect to be able to support the work of major employers, such as Quinton Hazell in Mochdre. It is also necessary to pursue new initiatives, particularly in Colwyn Bay. We have a splendid Victorian pier which requires renovation and an injection of funds. We need to work in Ruthin on the well-known building, Nant Clwyd house: it is a major amenity in the area, and also requires an initiative.
My constituency has the highest percentage of persons of pensionable age in Wales: it is one of the highest in the United Kingdom. The great many pensioners that I represent will welcome the Government's proposals for a reduction in VAT on domestic fuel and our plans to improve the health service. There is grave concern among the ranks of pensioners about the dramatic decline in the value of the state old-age pension and about the future of long-term care. I am sure that the Government will address those issues in due course.
What unites my diverse constituency is the belief that our future lies in a high-quality education system that will enable us to compete in the global economy not on the basis of low wages--which is the Conservative party's vision--but on our skills and education. My constituency has four successful secondary schools and an important college of further education at Llandrillo. There is also a vibrant agricultural college at Llysfasi in the south of the constituency. The Government's avowed intention to make education their number one priority strikes a cord with many of my constituents. Cuts in expenditure and increases in class sizes are matters of grave concern to them. The recent announcement that the nursery voucher scheme in Wales will be scrapped was widely welcomed.
The need to maintain a strong rural economy is vital to many of my constituents. I hope to work closely with the National Farmers Union and the Farmers Union of Wales on matters of concern to farmers. Foremost among those concerns is the need to lift the beef ban following the fiasco of the BSE crisis. My constituents will welcome the constructive, united and positive approach that the new Government have adopted. Only by working in that way will we have a realistic prospect of removing the ban.
The right hon. Member for Richmond, Yorks (Mr. Hague) is fond of lists. In his nit-picking analysis--which was described as "no change Unionism" by my hon. Friend the Member for Kelvin--he gave us a long list of various defects. I congratulate him on his engagement to a well-known Welsh speaker. I shall give him a list of place names in my constituency: Llanfair Dyffryn Clywd, Llanbedr Duffryn Clwyd, Llanfair Talhaiarn, Llangynhafal, Llanrhaeadr yng Nahinmeirch, Llangernyw and Llanarmon-yn-lal. As those wonderful Welsh names suggest, the Welsh language is one of the oldest in Europe. It is alive and kicking in my constituency.
My constituency has a strong tradition of local eisteddfod, and can lay claim to one of the most important bards in Wales--Gwilym Hiraethog, to whom a statue has been erected in the important village of Llansannan. This year, the Urdd--which is one of the largest youth movements in Europe--celebrates its 75th birthday. I applaud the movement and its great work, not only among the Welsh-speaking community but among the English-speaking community in Wales.
I applaud the Gracious Speech. It heralds a new Britain and a new Wales.
"Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms".
The convention, which the Council drafted during 1949 and 1950, was to be not only an affirmation of principle but a test that potential members of the Council would have to pass before being admitted. That has continued to apply, and, as the membership of the Council of Europe has swollen from 10 to 33, each new member has been required to sign and ratify the convention.
"the most concrete expression by the member states of the Council of Europe of their profound belief in the values of democracy, peace and justice, and through them, respect for the rights and fundamental freedoms of persons living in our society."
The United Kingdom was one of the 10 original signatories to the convention, which has been binding on the UK ever since. It entered into force in September 1953, but it has been binding in international law as an external obligation rather than directly as legislation of this Parliament. This country and Ireland are alone among the parties to the convention in not having integrated it in domestic law. Consequently, British citizens are obliged to take their cases to the European Court of Human Rights to obtain rulings based directly on the convention. If they are successful in establishing that this country is in breach of an article of the convention, the judgment does not
have any direct effect; instead, it is for the British Government and Parliament to remedy the situation in such a way as to bring British law or practice into line with the convention, if necessary by means of new legislation.
"Article 3
We all agree with that.
No one shall be subjected to torture or inhuman or degrading treatment or punishment."
"Article 4.1
16 May 1997 : Column 332
No one shall be held in slavery or servitude.
Article 5.1
Everyone has the right to liberty and security of person.
Article 6.1
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time . . .
The document containing those articles should be firmly pinned on the wall in the Government Whips Office so that Labour Members are entitled to hold and express the thoughts that they were elected to express and advocate. However, I suspect that the Minister without Portfolio, the hon. Member for Hartlepool (Mr. Mandelson), and his friends of the night will not allow the contents of such a document to enter the heads of the new hon. Members. We shall see.
Article 7.1
No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
Article 8.1
Everyone has the right to respect for his private and family life, his home and his correspondence.
Article 9.1
Everyone has the right to freedom of thought, conscience and religion; . . .
Article 10.1
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."
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