As I wrote this morning, the Times has obtained a copy of a government legal memo (written before last week’s prisoners’ debate in parliament) examining non-compliance with the ECHR’s infamous judgment. The newspaper argues that the government plans to defy the Court; and there are plenty rumours swirling around Westminster to that effect, which is hardly surprising given that the Times chanced upon this document.
But it’s mostly hot air. The government lawyers actually advised against non-compliance on four separate grounds and revealed that British officials are working towards compliance. First, here are the recommendations of the advice:
1). The Strasbourg judgements on Hirst and Greens and MT are binding on the UK and no action that could be taken now – even withdrawal from the ECHR – will remove the legal obligation to implement them. 2). The sanctions at a European level for failure or refusal to implement the judgments (and non-compliance with any subsequent order by the Strasbourg court to pay compensation in the 3,500 clone cases) are primarily political: criticism by the Committee of Ministers in Strasbourg.
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