With respect, the hon. Gentleman is confusing section 3 with section 2. Section 3 says that the courts must read legislation
“in a way which is compatible with the Convention rights.”
That is the black letter text of the convention articles. Section 2 says that a court or tribunal that is determining a question which has arisen in connection with a Convention right “must take into account” the judgments and jurisprudence of the Strasbourg Court. It is in respect of section 2 and the jurisprudence of the Strasbourg Court that our courts have extended the words “take account” to mean “follow”. That has been the basis of some of our problems, including the over-extension and elaboration—unnecessary in my judgment—of article 8 rights.
I am aware that there are others who wish to speak, so I will finish there.