David Norris (Independent)

I support my colleagues on this issue. It seems extraordinary that someone could be convicted of an offence which was subsequently found to be a violation of fundamental human rights and that no remedies are provided. It appears that there is a question over the Government's seriousness in regard to human rights because it has galloped through the Bill in order to meet obligations under international commitments and to remove us from the unenviable position of being the laggard in human rights legislation in Europe.

The Bill provides that there can be a determination that something is a violation of human rights, but it does not provide for a remedy. Someone may be imprisoned under a statute that is found to be counter to the convention's provisions. Nevertheless, it is unlikely that many of these remain and, if that is the case, it will not make any difference for this amendment to be made. However, it seems wrong to permit a situation to continue where someone who has been convicted under a law which is found to be in violation of human rights may remain in jail. One cannot assume that they would be released from prison automatically because there is no requirement from the courts to do so.