A European court ruling that the killers of toddler James Bulger did not receive a fair trial would not affect the timing of their release, the British Home Secretary, Mr Jack Straw, insisted last night
Relatives of James, murdered by 10-year-olds Robert Thompson and Jon Venables on a railway line in Merseyside 6 1/2 years ago, said they were "devastated" after the European judges confirmed a decision that the former home secretary, Mr Michael Howard, had no right to rule they should serve a minimum 15 years.
As lawyers studied the implication of the ruling of the European Court of Human Rights, Mr Straw told the Commons: "This judgment does not overturn the verdict of murder in this case nor does it in any way exonerate the two youths for their part in this terrible crime.
"This judgment does not affect their release from custody."
Thompson and Venables were sentenced at Preston Crown Court in November, 1993, for the murder of two-year-old James.
The trial judge's recommendation they should serve eight years was later increased to 10 by the Lord Chief Justice and then to 15 years by Mr Howard, although the Law Lords later ruled his action was illegal.
Mr Straw, who said he accepted the European Court ruling, said it was too early to say what changes would have to be made in the light of the decision, which decided that Thompson and Venables did not have a fair trial.
The human rights judges also said that a home secretary's powers in fixing tariffs for young offenders violated their human rights to a fair hearing, as did the "intimidating" atmosphere of the court where they were tried.
But James's mother, Mrs Denise Fergus, who was taking her son Michael (6) to take part in his nativity play when she heard the news of the decision, was said by her family to be "upset and devastated".
Mr Howard said he objected in principle to the ruling because he believed "outside interference" stopped ministers being answerable to Parliament and the public.
And the Tory leader, Mr William Hague, said: "I don't have any sympathy with that ruling. I thought the grounds on which it was made weren't very substantial."
The European court also awarded costs of £15,000 to Thompson and £29,000 to Venables, although the boys' lawyers said the money would cover legal fees and would not be payable to the pair, now both aged 17.
Thompson's lawyer, Mr Dominic Lloyd, said he would be discussing the ruling with his client. "It is not really appropriate for us to speculate on what happens next," he said.
"We have had a ruling that the UK has breached my client's most fundamental human rights and it really is for the UK to say how it remedies that."
Civil rights campaigners welcomed the ruling. A leading child law expert, Mr Allan Levy QC, said that the Home Secretary should now "withdraw gracefully" from setting tariffs for juveniles.
The legal campaign group Justice said that the judgment meant that an overhaul of the system for trying and sentencing children was needed.
Mr Howard said: "I find it difficult to understand why they make this distinction between adult murderers and juvenile murderers.
"We have to accept it. We have signed up to the convention. I think it's a pity the court intervened so readily . . . but do I agree with it? No, I do not."