Human Rights Framework: Scotland

Anne Main Excerpts

Wednesday 2nd March 2016 Westminster Hall

[Mr Carmichael]

I agree with what the hon. Gentleman said about the timetabling. It is unlikely that we will see anything this side of the purdah period for the Scottish, Welsh and Northern Irish elections. It is impossible at this stage to consult with the Administrations in any of the devolved regions before the elections. However, it would be exceptionally unwise thereafter to start a consultation in the middle of the referendum campaign. This discussion is best conducted in a period of relative calm and stability. I fear that the period between 6 May and 23 June is not going to be—

[Mrs Anne Main (in the Chair)]

Order. Interventions are getting rather long and are not in the form of questions.

[Andy Slaughter]

I apologise on behalf of the legal profession. Once we get going, it is difficult for us to stop.

I agree with the right hon. Gentleman. This will probably be my last or my last but one point, so the Minister has time to respond. If nothing else, we must have some clarity on the timetabling. I remind the Minister, although I am sure he engraved these milestones, that the Conservative manifesto said:

“We will…scrap the Human Rights Act and curtail the role of the European Court of Human Rights”.

Last year, the Prime Minister, writing in no less a paper of record than The Sun, said that it is

“one of the first tasks I set the new Justice Secretary”.

In May 2015, the Minister said:

“The Government will consult fully on its proposals for a Bill of Rights during this session.”

From what we read today in the papers, it may well be that the Prime Minister gets round that by simply extending the Session and pushing the Queen’s Speech back. Nevertheless, we need certainty.

Nothing could be clearer than what the Minister said in Justice questions on 8 September 2015:

“We will bring forward proposals on a Bill of Rights this autumn. They will be subject to full consultation. The preparation is going well.”—[Official Report, 8 September 2015; Vol. 599, c. 205.]

The Lord Chancellor modified that on 2 December 2015, when he said:

“My original intention was to publish the consultation before Christmas. It has now been put back. I expect it will be produced in the New Year.”

I think we can say that we are quite firmly in the new year now. It would be helpful if the Minister to give some clarity, because I am reliant on another authoritative source—The Mail on Sunday—which told us at the weekend that the Bill has been put off indefinitely to avoid an explosive new row over Europe. Specifically, it said that the work

“has now been completed by Justice Secretary…and is sitting on a desk inside No 10… Downing Street is refusing to publish the legislation, they say. Insiders believe the explanation is Mr Gove’s decision to defect to the Out camp in the referendum.”

We know that there are political difficulties for the Government, which may be why it has been convenient to postpone what seems to be the entire Parliament’s business, including the Queen’s Speech, until after the referendum. It would just be nice to be told that in terms.

Two weeks ago, we were told that there will be a sovereignty Bill, possibly published this week. What has happened to that? How does it relate to reform of the Human Rights Act? It may be that the boat has sailed and that, because the people whom the Prime Minister wished to keep within the tent—including the Minister—are already outside the tent, there is not much point in introducing a sovereignty Bill. It is extraordinary that we talked for so long about the European Court of Human Rights and the European convention on human rights, but we barely hear them mentioned now. Everything is about the European Court of Justice. I wonder whether it was just the words “human rights” that caused difficulty for some Government Back Benchers, and that in the hothouse atmosphere of the European Union referendum debate the caravan has moved on. That is no way to run a Government. If nothing else, I ask the Minister to give us some clarity on whether we are going to have a proposal, so when we next debate this matter we can have a substantive debate rather than run around the houses.

Let me end on this point. Although the have been some comic—or tragicomic—aspects to how the Government have handled this matter, in essence it is extremely serious. Other speakers talked about the universality of human rights and the importance of giving effect to international law and human rights in our domestic courts. That is not something to trifle with and it should not fall prey to internal disputes within a political party, even if it is the governing party.

I remind the Minister of what the director of Amnesty International said last week when its report was published —it is a shame that Amnesty needs to remind the Government of their duties on this matter—

“The UK is setting a dangerous precedent to the world on human rights. There’s no doubt that the downgrading of human rights by this government is a gift to dictators the world over and fatally undermines our ability to call on other countries to uphold rights and laws. People around the world are still fighting to get basic human rights and we should not let politicians take our hard-won rights away with the stroke of a pen.”

I know that the Minister is a sensible, intelligent man, and I hope he takes those comments on board and is not swayed by the passions of Europe, pro or anti.

--- Later in debate ---

[Richard Arkless]

Will the Minister give way?

[Mrs Anne Main (in the Chair)]

Order. It is usually customary to let the Minister respond to the question being asked.

[Mr Raab]

I am happy to give way, but if we have a Gatling gun salvo of interventions, that rather eats into my time and opportunity to address such matters. I will, however, give way to the hon. Gentleman, as it is his debate.