Why is it that nobody realises that the European Union (EU), as an entity, is not a member of the 46-member state Council of Europe.

That means the EU as an institution is not bound by the European Convention on Human Rights (ECHR), so individuals cannot put the EU before the European Court of Human Rights for any violations by the EU as a body.

It also means that the EU Court of Justice, the (ECJ), is not bound by rulings from the European Court of Human Rights.

This is despite all EU member states being required to join the Council of Europe in order to be a member state of the EU.

The EU’s own 2009 Treaty of Lisbon requires the EU as a body, to be a member of the Council of Europe and to be bound by the ECHR.

But, well over a decade later, the EU is still not a member of the Council of Europe.

With the reason being, that back in 2014, the EU Court of Justice ruled that the EU joining the Council would not be compatible with EU law.

That can be construed as, the EU will not agree to any challenge to its own supremacy.

The UK now needs to follow suit and declare that membership of the Council of Europe is no longer compatible with UK law.

Especially as Russia has withdrawn and been ejected from the council, but still technically remains a member until September 16 - meaning that the Russian judge stays in place, actively involved in deciding human rights cases. And that may have included the Rwanda flight ruling.

Lester Taylor

UK Independence Party Spokesman for Brexit and Northern Ireland