Oral Answers to Questions

Jack Straw Excerpts

Tuesday 20th July 2010 Commons Chamber

[Mr Clarke]

The European convention on human rights was produced after the second world war, largely at the instigation of Churchill and others, to ensure that the whole continent developed in line with those values for which the British had fought the war. The principal architect and draftsman of the convention was a man called Maxwell Fyfe. I recall that history because it is relevant to this issue, and we have to improve public understanding of the application of human rights in British law as well as reviewing the operation of the Act.

[Mr Jack Straw (Blackburn) (Lab)]

The right hon. and learned Gentleman said that he had had a range of views on whether the Human Rights Act should be repealed, but he has actually had one view, which he has repeated over and over again—he even described the Prime Minister’s proposal as “anti-foreigner”. Given that consistency, which I commend the right hon. and learned Gentlemen on and welcome because it was supporting a Labour policy, and given that, as he well knows—because he is a very bright man—the issue is not the European convention on human rights but the Human Rights Act passed by this Parliament, will he now rule out the abolition of the Act?

[Mr Clarke]

I do not mind being quoted from my freelance days on the Back Benches. However, in their enthusiasm to find quotes, people find the odd word and attribute them to things. I never accuse any of my colleagues of being anti-foreigner. Part of the confusion about the European convention tends to be that somehow it is not British, which I just addressed in pointing out that it was drafted by David Maxwell Fyfe and very much supported by the British Government and both main parties at the time. The Human Rights Act has now had 10 years, and it is time to review it. There is a range of views and sometimes concern in this country about exactly how it relates to Parliament and where our constitution now is on these matters. In due course, we will set up a convention to advise us on that.

--- Later in debate ---

[Nick Herbert]

It is important for us to look at the opportunities for the administration of justice that lie outside buildings. There has been the development of what became known as the “summary justice agenda”, which is actually administrative justice, with things such as penalty notices for disorder. However, I would be happy to talk to my hon. Friend about whether the case that he has raised has been dealt with in an appropriate manner.

[Mr Jack Straw (Blackburn) (Lab)]

The Minister of State will recall that at Justice questions on 15 June, he said in answer to me:

“We are aware of the important work that the National Victims’ Service is planning to do.”—[Official Report, 15 June 2010; Vol. 511, c. 733.]

Given that, I am surprised that there is no reference whatever to the National Victims’ Service in the just-published draft structural plan for his Ministry. I wonder whether he could explain the omission of any reference to that service.

[Nick Herbert]

I do not think that the right hon. Gentleman should read anything into that omission. I said then—and I say now—that we are reviewing in full the arrangements to ensure that victims are treated properly by the criminal justice system. Perhaps he will have already seen the strong speech that is to be made by the victims commissioner on such issues this evening. We take those issues immensely seriously, as we do to ensuring that justice is done for victims.