Council of Europe and the European Convention on Human Rights

Before we start proceedings, I want to say two things. First, this debate is oversubscribed, so not everyone will get to speak. I hope to call 10 Back- Bench Members to contribute for three minutes each. If Members take interventions, they will not get extra time because this is an hour-long debate. Secondly, we expect Divisions in the House shortly. The procedure will be to suspend the debate for 15 minutes for the first Division and approximately 10 minutes for each subsequent Division.

I beg to move,

That this House has considered UK participation in the Council of Europe and the European Convention on Human Rights.

It is a pleasure to serve under your chairship, Mr Mundell. Yesterday marked 75 years since the United Kingdom, a founding member of the Council of Europe, was one of 12 states to ratify the European convention on human rights. At the time, the world was emerging from the ruin of war and the defeat of Nazism, but new threats were emerging: a belligerent and confident Russia under the rule of a bloody dictator with his eyes on the west; proxy wars in south-east Asia; and mass population movements in the aftermath of war. The idea was to prevent these atrocities and abuses from ever being repeated.

Is the convention really so out of date and out of time, as its critics argue? Over the following 75 years, the Council of Europe and the ECHR have grown to encompass 46 member states in Europe, with only Belarus and Russia excluded. The Council of Europe has succeeded in bringing together a universal understanding of human rights, namely that human rights belong to everyone by virtue of their inherent dignity and worth as human beings. As we head into Remembrance Week, it is important to note that the convention is a cornerstone of why we say, “Lest we forget.”

I am proud to be a delegate to the Parliamentary Assembly of the Council of Europe, or PACE. The UK is represented by a formidable team of cross-party MPs and peers. I was inspired to run for the Council of Europe by former Stourbridge Labour party member, and former MP for Bromsgrove and later Birmingham Hodge Hill, the right hon. Terry Davis. In 2004, he was elected secretary-general of the Council of Europe and served until 2009.

The UK delegation in Strasbourg is incredibly active, and several Members have acted as rapporteurs, presenting reports and recommendations for adoption by all member states. In the most recent plenary session, in September, Lord German led an urgent debate calling for an end to the devastating humanitarian catastrophe and the killing of journalists in Gaza. Lord Keen of Elie presented a draft convention to establish an international claims commission for Ukraine, and to create a compensation mechanism, with a damage register and claims body, to fund the reconstruction following Russian aggression.

I do not often have a different opinion from the hon. Lady, but I do here. Our party, the Democratic Unionist party, is very much opposed to the European convention on human rights, and our opposition is primarily based on arguments about national sovereignty and the need for the UK to have full control of its borders and immigration policies, which is central to us. I may be at odds with the hon. Lady, but it is important that we recognise that people have different opinions on this issue.

I thank the hon. Gentleman for his contribution.

Earlier this year, my hon. Friend the Member for Edmonton and Winchmore Hill (Kate Osamor) reported on Europe’s demographic ageing and the decline in youth and working-age populations, highlighting the impact on the elderly, public services, labour markets and pensions. PACE adopted a resolution urging greater support for older people and called on member states to develop effective policies to ensure their wellbeing and quality of life. It also recommended improving policies to promote migrant integration and social cohesion.

We are also celebrating another event: the 25th anniversary of the coming into force of the Human Rights Act 1998. Like the European convention, it is about the rights of the individual against the state, and it gives individuals in this country the right to enforce those rights. Those are both things that we should be celebrating.

My hon. Friend is absolutely right.

The debate may continue until 6.30 pm.

My hon. Friend the Member for Jarrow and Gateshead East (Kate Osborne) is one of the longest-serving delegates. She sits on the Committee on Equality and Non-Discrimination, fighting for gender equality, combating violence against women and girls and defending the rights of the LGBTQ+ community. She is a rapporteur for the committee and has overseen a report on the ban of so-called conversion practices, which will hopefully be passed at the next plenary in January. That report will provide model legislation for all 46 member states to pass and end that awful practice. Let us hope that this House is ready to enact those recommendations, as promised in our manifesto and the King’s Speech. As a member of the Committee on Culture, Science, Education and Media, I have worked with colleagues on youth democracy, artificial intelligence, ethics in sport and media freedom.

The Council of Europe develops recommendations on issues affecting all member states, including the UK. We may be an island, but sharing best practice and developing common conventions strengthens rights, freedoms and democratic values across the continent. The Council of Europe continues to lead globally, abolishing the death penalty in Europe, supporting democratic transitions and exposing human rights abuses. It expelled Russia from the Council, declaring it a terrorist state, and Belarus for its support for Russian aggression. This summer, I witnessed history being made in Strasbourg as President Zelensky signed a bilateral agreement with the Council of Europe to bring a trial against Russia for crimes of aggression against Ukraine.

But what has the ECHR ever done for us? Well, it has ensured that the Good Friday agreement has lasted this long. The incorporation of the ECHR into Northern Irish law means that the people of Northern Ireland have an independent arbiter to trust in disputes over fault during the troubles, and that is no small thing. It is vital to peace, societal rebuilding and the end of sectarianism. Maintained rights can create faith in people and shine light out of darkness.

I congratulate my hon. Friend on securing this debate. The European convention gives us the right not to be tortured, not to be deprived of liberty without due process of law, to have a fair trial, to have privacy and to have freedom of expression. I ask all the people who are against it: what rights do they think the British people should not have?

My hon. Friend is absolutely right; it is difficult to see which of those rights needs to be updated, replaced or taken away.

The UK was instrumental in the creation of the ECHR. The Council of Europe now says that it is ready for reform. Is it not time for us to shape the future of human rights legislation in Europe, and absolutely the wrong time to abandon our place at the table?

The hon. Lady is absolutely right—we need to be around that table. We were there at the start, and we need to see it through and ensure that we maintain our place in that conversation.

Why not replace the ECHR with a British Bill of Rights? Well, we have one—the Human Rights Act 1998. The ECHR was drafted by British lawyers based on Britain’s common law and Magna Carta. In fact, during the negotiations on the Good Friday agreement, a British Bill of Rights was drafted and later rejected by right-wing politicians, to prevent a difference of rights across the Irish border.

It is because of the ECHR that a ban on gay people serving in the armed forces could be challenged and overturned by a young barrister whom we now know as the Prime Minister. A memorial was unveiled this week to commemorate those who served during that historical ban from 1967 to 2000. It is because of the ECHR that we got justice for the Hillsborough victims and were able to present the Hillsborough law, the Public Authority (Accountability) Bill, in Parliament this week.

The ECHR allows us to hold Governments to account and seek justice when those in power try to cover things up or overstep their remit. We must ask ourselves, “Why would anyone want to remove a mechanism to prevent those in power from abusing that power?” How dark our future could be if that were allowed to happen.

My hon. Friend is making a very powerful speech. I was looking at some of the examples of how this mechanism protects people in the UK. For example, the injunction served on The Sunday Times preventing it from reporting on thalidomide was overturned by the European convention on human rights. Such cases show how important it is for checks and balances on our own Government. God only knows what the future will look like if we come out of the ECHR.