Human Rights Legislation

Jonathan Djanogly Excerpts

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

With the greatest respect to the hon. Gentleman, he has not followed the point that I was making. We will stay within the European convention. There are some articles, such as article 8(2), which admit a qualification to protect security. We will avail ourselves of that. The issue is about the interpretation of the application. There is no doctrine of precedent in Strasbourg, which is one of the areas of confusion that has arisen because we do have a doctrine of precedent in the UK courts. We will make it clear that it is for UK courts to apply in relation to UK case law and UK circumstances and, above all, to follow the will of the elected lawmakers. When there is a declaration of incompatibility and the courts will be free to still use that tool, that should come back to this House to decide what to do.

[Mr Jonathan Djanogly (Huntingdon) (Con)]

When speaking with politicians from former Soviet countries, it is invariably the European convention on human rights that they value as the protector of their, and indeed our, western democratic values. My right hon. Friend has made it quite clear that he is not intending to pull out of the ECHR or to change it, but I can foresee that this will cause upset with our allies, so will he today say that he will go to our allies and make it quite clear that he actually wants to back the ECHR and will be backing their democratic values?

[Dominic Raab]

I think the message we send—that we will remain a state party to the European convention—is important. We know how important it is in relation to our allies and partners and the Good Friday agreement. It is also incumbent on us to lead by example, as we have done for many years, and ensure that we have a system that is well regarded the world over. That means getting our own house in order. Reforming the Human Rights Act and making sure we have clear separation of powers, and ensuring that, when the goalposts shift, this House—elected Members, accountable to our constituents—makes those decisions, are absolutely crucial.