Since the debate about the death penalty seems to be aimed at leaving the EU, let’s take a look at that…
Firstly, it is not the EU that stops us having the death penalty – it is, as previously stated, the ECHR Protocol 13.
However, if we leave the ECHR mechanism (by giving up our membership of the CoE) – something we can do, but which would leave a tail-end withdrawal jurisdiction (cases can be bought for three years, the findings are still valid and enforceable) then as a consequence, and certainly following the Interlaken procedures under Protocol 14 we would also be ejected from the EU as a consequence (note: ejection is almost certain; it’s never been done before but that’s no reason that a very serious failure of obligation, tied to our opt-out on Lisbon to apply Protocol 14 directly through EU law would not lead specifically to the most serious method available).
So… It would take three years from leaving the Council of Europe for the Death Penalty to be allowable without review by a trans-national (extra territorial) Court. from this point, even were the process started immediately once Parliament returns from the summer recess it would be late-stage 2014 before the death penalty could be considered as a ‘safe’ issue in domestic legislation – at this point we are not in the CoE or the EU and there’s an election in six months or so…
Chances of any government seeking re-election bringing in a Death Penalty Bill that can pass both the Commons and the Lords within six months, and that will enhance (remember, we’re out of Europe – the coalition is dead as a future prospect) the electoral chances of the Conservative Party?
I’d give that one a zero.
