Oral Answers to Questions

Martyn Day Excerpts
Tuesday 1st November 2016

(7 years, 6 months ago)

Commons Chamber
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Oliver Heald Portrait Sir Oliver Heald
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I am so sorry, Mr Speaker. Perhaps with your leave I could also answer question 7 in the same way.

Martyn Day Portrait Martyn Day (Linlithgow and East Falkirk) (SNP)
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7. What recent progress has been made on the Government’s plans to replace the Human Rights Act 1998.

Steven Paterson Portrait Steven Paterson
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We are no closer to a timeframe, a plan or a common theme in regard to how the Human Rights Act is to be replaced. Earlier this year, Nils Muižnieks, the Council of Europe commissioner for human rights, said that the

“repeatedly delayed launch of the consultation process”

was

“creating an atmosphere of anxiety and concern in civil society and within the devolved administrations”.

Will the Minister tell us exactly when the consultation on this matter will be brought forward?

Oliver Heald Portrait Sir Oliver Heald
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The Government were elected with a mandate to reform and modernise the UK human rights framework, and there are good reasons for that. We have a proud tradition in respect of human rights. The Government are also considering the overall constitutional landscape and how this will fit it following Brexit, but this is something that we are committed to.

Martyn Day Portrait Martyn Day
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The Council of Europe commissioner for human rights has also said of the consultation on the Human Rights Act:

“My impression is that the debate over the HRA in Westminster is not a true reflection of concerns outside England”.

Does the Minister appreciate that there is no support in Scotland for the plans, and that the impact of any attempt to repeal the Act would be to provoke a constitutional crisis?

Oliver Heald Portrait Sir Oliver Heald
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The issue of human rights is important in all parts of the United Kingdom, and we accept that. We will fully engage with the devolved Administrations on this question. Many people feel that there is a need for a British jurisprudence to emerge on the European convention on human rights and a need to assert certain ancient rights that we have in Britain, such as that relating to jury trial.