Bill of Rights

Debate between William Cash and Dominic Raab

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

No, I am afraid I do not agree with the hon. and learned Lady, not least because I do not see how she can sustain the argument that we are dislocating ourselves when not only are we remaining a state party, but it is in the Bill of Rights as well.

I pay tribute to the work of the hon. and learned Lady’s Committee. I appeared in front of the JCHR on 8 December. The noble Lord Wolfson appeared on 2 February, and I am attending again on 20 July. We will pay great respect to the role of the Joint Committee, but, of course, we know that there are likely to be objections and we will try to assuage those held by her and her members as best we can.

[Sir William Cash (Stone) (Con)]

Does my right hon. Friend accept that there will be many who will be extremely glad that he has now introduced his Bill of Rights? It means, as he said just now, that our Parliament and our judges will have the last word. We look forward to seeing the text of the Bill, and we trust that it will ensure that the European Court in Strasbourg will never again be able to frustrate the United Kingdom’s right to deport illegal immigrants and, at the same time, override our own judges.

[The Deputy Prime Minister]

I pay tribute to my hon. Friend for the long-standing work that he has done, on the constitutional dimension in particular. I can give him the direct assurance—I have a copy of the Bill of Rights here and it is also available in the House—that we address squarely the issue that he raises. We want to make sure that elected Members from both sides of the House have the last word when it comes to resetting or expanding the laws of this land.

Human Rights Legislation

Debate between William Cash and Dominic Raab

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

The hon. Gentleman asked about the evidence basis for what we are doing. That has been set out at some length in the independent Human Rights Act review, if he takes the trouble to read it, which was published today and chaired admirably by Sir Peter Gross. It is also set out in the pretty extensive consultation document that we have published. I have said it once today but I am happy to reaffirm that we will stay within the European convention on human rights. We will qualify areas such as article 8—[Interruption.] The hon. Gentleman says “Ah”, but he will know that paragraph 2 of article 8 invites qualification—it admits of it—in the interests of a whole range of reasons, including security. That will allow us to deport more foreign national offenders, in which we have been hamstrung by article 8 as it has been interpreted under the Human Rights Act. I am pretty sure that the people of Scotland, and the people across the UK, want us to be able to deport more serious, dangerous offenders from these shores.

The hon. Gentleman asked about the devolved Administrations. We are very sensitive to the devolved settlement. As he knows, the Human Rights Act is UK-wide legislation and a protected enactment under the devolution settlement, and ending it is therefore a matter for the UK Government, but we also recognise that the devolved legislatures can legislate on human rights in areas that are devolved to them, and that will remain the case. I look forward to consulting with the relevant devolved Administrations and with civil society in all the nations of the UK.

[Sir William Cash (Stone) (Con)]

Would my right hon. Friend accept that this article 8 issue has been at the root of a great number of extremely unsatisfactory appeal decisions? Does he agree that, in the light of our sovereignty and our right to govern ourselves and have our own legal system in this context, the combination of that change and the Nationality and Borders Bill that we put through this House only last week will be of great benefit to the people of this country and immensely popular up and down the land in dealing with illegal immigration?

[Dominic Raab]

I thank my hon. Friend for the huge amount of forensic legal work and analysis he has put into this, as well as for his political and parliamentary contribution to the debate. He is right to say that the reforms will enable us to take measures to deal with the very real problems that his constituents and mine, and those in all four corners of the UK, are concerned about.

Article 8 is an interesting illustration. A lot of people say, “Well, we will still have to comply with Strasbourg”, and it is true that ultimately we will still have to accept the obligations under the convention, but the democratic shield will provide us with a proper means of stretching the margin of appreciation within the boundaries of the convention. Also, the case for article 8 expanded far more aggressively and energetically in this country, and it was later that the Strasbourg Court followed the case law in this country. So what we do is important, and the relationship is two-way. That is why the margin of appreciation, the dialogue and the provisions in the consultation document are so important.

Judicial Review and Courts Bill

Debate between William Cash and Dominic Raab

2nd reading
Tuesday 26th October 2021 Commons Chamber

[Dominic Raab]

I will make some progress; I have given way to the hon. and learned Lady twice.

The Bill will reform quashing orders so that we can strike a better balance between the essential judicial accountability over the Executive and the ability of an elected Government to deliver their mandate in a lawful but orderly way. Let me give one example: the case of Her Majesty’s Treasury v. Ahmed back in 2010. In that case, the then Government acted on best information, including intelligence, and froze the funds of three brothers suspected of being al-Qaeda terrorists. They did so under the auspices of two Orders in Council, which were made in 2006 under the powers of the United Nations Act 1946. The Supreme Court considered whether the orders were ultra vires of that Act and therefore invalid.

The 1946 Act gave the Government the power to give effect to UN Security Council resolutions on threats posed by international terrorism. However, the Supreme Court decided that the orders went beyond what was necessary and expedient for implementing the relevant resolution, because the orders provided that a person’s assets could be frozen on the basis of a “reasonable suspicion” of involvement in terrorism, rather than a higher standard of evidential proof that the court deemed that the law required. The court quashed the orders immediately, irrespective of the ability of the Government to reassess or revise the order, because it concluded that it did not have the power to suspend the effect of the quashing order. That required Parliament to rush through new legislation to protect the public by preventing suspected terrorists from accessing those funds, because Ministers no longer had the powers that they believed they could exercise under the relevant legislation.

This Bill simply remedies that measure of inflexibility by giving the judiciary the power to issue a suspended—or, indeed, a prospective—quashing order, allowing the Government a reasonable period of time to review the orders and/or the legislation itself. If that had been available in the Ahmed case, it could have prevented considerable disruption and potential risk, while safe- guarding the judiciary’s vital scrutiny of the Executive in such an important area of national security.

[Sir William Cash (Stone) (Con)]

The European Union (Withdrawal Agreement) Act 2020, as originally passed, included provision for the courts to be able to quash Acts of Parliament. That is rather a serious matter, to say the very least. Does my right hon. Friend agree that that is very unwise—particularly having regard to the Factortame case, when we voluntarily agreed that we would allow the courts to do that—and that now that we are out, we certainly would not want that to happen again?

[Dominic Raab]

My hon. Friend makes a powerful argument. I have not heard the Factortame case cited in this House for some time—to the relief of some.

Of course, there are many other contexts beyond counter-terrorism—from infrastructure projects to health and safety regulation—where the use of a suspended or prospective quashing order would lead to a better outcome, allowing both essential judicial accountability and good governance at the same time; those two aspects can and should go hand in hand. Dare I say it, these reforms may have the welcome effect of making our system just a little less adversarial by giving the Government and this House the opportunity to respond swiftly but in a considered manner, rather than effectively being tripped up—sometimes at great cost to the taxpayer and at other times at potential risk to the public.