The Charter of Fundamental Rights of the European Union

Part of 2. Questions to the Counsel General – in the Senedd at 2:25 pm on 10 January 2018.

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Photo of Mr Neil Hamilton Mr Neil Hamilton UKIP 2:25, 10 January 2018

Will the Counsel General agree with me that the democratic institutions of the United Kingdom—Westminster, Cardiff, Edinburgh and Belfast—are perfectly capable of defending the human rights of British nationals? They need no assistance from unelected judges based in Luxembourg. When the charter of fundamental rights was being negotiated, the then Labour Government secured an opt-out from its provisions by protocol 30 of the Lisbon treaty, and the Blair Government said that the UK would not be bound by the provisions of the charter. But despite the seemingly clear wording of protocol 30, the European Court has, in fact, in a supreme example of judicial activism flouted the will of the then Labour Government and has applied the provisions of the charter to British legislation in some very important areas, like data protection, for example. It is very important for democratic legitimacy to be respected, just as human rights must be respected, and therefore, when we leave the EU, there is no reason to believe there will be any dilution in the rights of the British people in any shape or form.