“We shouldn’t defy the European Court of Human Rights – we should resign from it altogether”, said the Tory MP.
Herbert’s comments come as the UK government is preparing to block prisoners’ legal action if Parliament votes to forbid them from having the right to vote, which is in defiance of European laws.
The Tory MP argued that withdrawing was the only way and said it was “doubtful” any of the options presented to Parliament would be acceptable to the European Court of Human rights.
The British government would face a rush of legal action from prisoners demanding millions of pounds in compensation if Parliament decides to defy the European Court.
Herbert warned that ignoring the court would simply lead to high compensation claims, which many Britons would find “doubly-offensive”.
The UK has the option to leave the European Court, under the condition that it gives six months notice.
Meanwhile, Prime Minister David Cameron is to face a difficult situation of being unable to support the prisoner’s voting ban in Parliament as ministers cannot vote for something that the European law recognizes as illegal.