- [Yvonne Fovargue in the Chair]
- [Relevant documents: Correspondence from the Chair of the Joint Committee on Human Rights to the Lord Chancellor and Secretary of State for Justice, relating to the introduction of the Bill of Rights Bill, reported to the House on 29 June, Correspondence from the Lord Chancellor on the introduction of the Bill of Rights Bill and Bill of Rights Bill Human Rights Memorandum, reported to the House on 20 July, Correspondence from the Lord Chancellor confirming that the Bill of Rights Bill has been paused, reported to the House on 19 October, and the Thirteenth Report of the Joint Committee on Human Rights, Session 2021-22, Human Rights Act Reform, HC 1033, and the Government’s response, HC 608.]
- 6:00 pm
- I beg to move,That this House has considered e-petition 607712, relating to human rights legislation reform.It is a pleasure to serve under your chairmanship, Ms Fovargue. More than 230,000 people have signed this petition, including 283 people from my own constituency of Blackpool South. It is obvious why a petition on human rights has been incredibly popular and gained such widespread support.This country has always been a leading champion of human rights, democracy and freedoms internationally and possesses a proud history stretching all the way back to Magna Carta in 1215. This has progressed, and rightly so, to a huge number of rights across all aspects of life and society to provide people with freedom of expression and a right to education and safety in the workplace, among many other things.However, there is increasingly a perception that the current “rights culture” is contrary to common sense and flies in the face of the original purpose behind the various pieces of legislation. In some cases that has provided a platform for criminals hoping to escape punishment or delay and frustrate natural justice.
- Will the hon. Member give way?
- I will make some progress. The creator of this e-petition stated that he did not want any changes to the Human Rights Act 1998 because he was concerned that people’s human rights would be less respected. I do not believe for one second that that would be the case. Reforms to the Human Rights Act would bring clarity to the currently opaque human rights standards, specifically those imported and adopted from the European convention on human rights. It is important to note that that does not mean reduced rights for people at home. Any update to the Human Rights Act should not seek to scrap people’s fundamental human rights, and any update to the Act should retain the ECHR and its original principles. However, we must ensure that the Human Rights Act and its interpretations are not used to undermine the desired will of the public or that of our democratically elected Parliament.
- Does the hon. Member see any role for the protection of minority rights under the Human Rights Act and the ECHR?
- I thank the hon. and learned Lady for her intervention. If she will wait a few moments, I will cover that. Of course, all aspects of human rights should be covered within our provisions and protections, but there should be a balance between protecting those rights and allowing the Government to ensure that national security issues are protected at the same time.The British people rightly believe that they should be subject to British law, made by British lawmakers for whom they have voted and by British judges. This Government were elected in 2019 on a manifesto that promised to update the Human Rights Act to ensure a proper balance among the rights of individuals, our national security and effective government.
- One of the aims of the legislation is to prevent trivial human rights claims wasting judges’ time and taxpayer money. Does the hon. Gentleman agree that the Government have not yet evidenced that that is enough of a widespread issue to risk watering down the rights of citizens across the UK for nominal financial savings?
- The hon. Lady will be aware that the Government are actively considering that. To be entirely honest, I wish the Government had moved ahead on the issue at different points over the past 12 months, but we have had consultations and things that rightly need to be considered in the round. Today we have a new Prime Minister. It will be up to him and his team to set out the new direction forward. I am sure those comments will be reported back to the Department by the Minister. The overreaching ECHR is tipping the balance away from national security and effective border controls in favour of serious criminals and terrorists who are abusing the legislation to avoid deportation. Various ECHR articles have been expanded beyond their original intention. What most frustrates me and the residents of Blackpool is the expansion of article 8 on the right to respect for private and family life, which serious criminals are using to make mockery of our broken asylum system.In 2020, the Strasbourg court made the controversial decision to allow a Nigerian national who was sentenced to four years in prison for drug offences and had a conviction for battery to remain in the UK on health grounds. That has set the dangerous precedent that if the state wishes to deport an individual, it must be able to show that, when compared with the NHS, the healthcare to which the individual would be entitled in their own country would not significantly impact on their life chances. That is obviously an unrealistically high bar to meet.In a second case, another convicted drug dealer used article 8 on the right to family life despite assaulting his partner and making no child maintenance contributions whatsoever—what complete and utter irony! The absurd list goes on and on. More than 70% of successful deportation appeals are now based solely on article 8.
- I am a little confused by the hon. Gentleman’s speech, and I wonder whether the 230,000 who have signed the petition would think that they were listening to the right debate. I thought he said that he wishes to remain in the ambit of the European convention on human rights, and therefore of the Court—I think that that is Government policy as of last week—but he now seems to be arguing against that. Where exactly does he stand?
- I am far from a legal expert, but there is a middle way between protecting people’s fundamental human rights and continuing to enshrine the ECHR in British law, and ensuring that the Government have wiggle room so that serious foreign national offenders can be deported and our asylum system is not overtly abused. Of course, that is the subject of the Government’s ongoing consultation. I look forward to the Government, and far more experienced legal minds than me, finding a way through that minefield.We cannot fix a broken asylum system until we reform the Human Rights Act. Someone who wants to claim asylum should go through the correct procedure, under which the UK has a number of safe and legal routes. However, 28,000 people illegally crossed the channel in small boats last year, and 75% of them were men between the ages of 18 and 39. Although asylum claims should be processed within six months, many claimants do not hear back within that time, and the appeals process can take many years. Frankly, the residents of my Blackpool constituency are fed up of seeing the asylum system being abused and of the time it takes to deport those who come here, which lengthens year after year.Simplifying the system, ensuring that claimants demonstrate that they have been materially disadvantaged before they can make a claim and strengthening the emphasis on societal impacts such as criminal behaviour will help to protect our national security and save the taxpayers’ money that is spent in the courts system and on costs associated with accommodating and supporting asylum seekers who have pending applications.The Human Rights Act received Royal Assent in 1998 and came into force in 2000. Tony Blair’s aim was to incorporate into UK law the rights contained in the ECHR, which took effect in 1953, but after such a long time, the Human Rights Act could not have foreseen the incredibly complex challenges that we face today. It is absolutely right that the Government review that Act with a focus on the modern era, while reinforcing the primacy of UK law and protecting the fundamental freedoms that we all enjoy.
- 6:09 pm
- Jon Cruddas (Dagenham and Rainham) (Lab)I welcome the petition and I congratulate those who organised and signed it. It requests that the proposed reform of the Human Rights Act be withdrawn. However, that demand appears to have been somewhat overtaken by events, so the first question to ask is whether the petitioners’ objectives remain valid. As we know, politics moves pretty quickly, and the proposed reforms have been withdrawn. The Prime Minister ditched the plans for a new Bill of Rights on 7 September. The papers were briefed that Ministers were deeply concerned about the drafting of the Bill. It was pulled just five days before its Second Reading, soon after the Justice Secretary had himself been sacked.At the time—precisely six weeks and five days ago—the Prime Minister told the Cabinet that her Government would reassess ways to deliver this agenda. Note that she said that she disagreed not with the objectives of the withdrawn legislation, but rather with the method of their implementation. Fast forward to last week: six weeks and two days after the Prime Minister took office, the Conservative party reassessed her ability to deliver her own agenda and unceremoniously ditched her. That leaves human rights reform up in the air.So is the petition still valid? I think it most certainly is, because the proposed Bill was in the last Conservative manifesto, and as far as I can work out it has been in successive Conservative manifestos since 2010. Indeed, despite withdrawing the draft legislation, the present Prime Minister supported such a Bill when she was Justice Secretary. I assume that the new leader—the Prime Minister unveiled this week, and the next Leader of the Opposition—will in turn pledge to establish the legal supremacy of the UK Supreme Court so that UK courts can disregard rulings from the ECHR. Therefore, despite the Prime Minister ditching the Bill, the issues contained in the petition remain highly relevant and valid.We can confidently assume that, despite the Conservative party and the Government disintegrating before us, the party is still intent on reforming the Human Rights Act—perhaps one of the few things that unites its different factions. Therefore, the petition’s objective that the Government must not“make any changes to the Human Rights Act, especially ones that dilute people’s human rights in any circumstances, make the Government less accountable, or reduce people’s ability to make human rights claims”remains highly relevant. Despite the fact that the Bill has been axed, those issues will not go away, and they therefore deserve to be debated.
- The Scottish Government have been clear that they oppose this legislation and would invite Holyrood to oppose it too. That means that if the UK Government pushed ahead, they would be showing a disregard for devolution. Does the hon. Gentleman share the concerns of those living across the UK that their rights are potentially being stripped away without consent?
- Jon CruddasI will come to that when I mention different approaches to economic and social rights, which should be the cornerstone of an alternative approach to a new Bill of Rights in the UK. That goes with the grain of what is happening in Scotland, in contrast to the objectives of the present Government in Westminster. To put it charitably, the Government are a total shambles, and even compared to early September, the possibility of a Labour Government is more likely. It would be useful to find out what Labour’s approach is to reform of the HRA, for instance, whether it would seek to defend the present Act or offer its own alternative Bill of Rights.The Conservative reform of human rights, which will reappear, cannot be discussed without acknowledging the international context in which it occurs. When set against an international backdrop of war and escalating authoritarianism, the proposed human rights reform suggests a country withdrawing from our international obligations and democratic oversight, both abroad and at home. That is not an accident. The Government have stated a wish to comply with the human rights convention, but they would also seek to mandate our judges to disregard some of its most basic principles and protections. Those include the so-called positive obligations on public bodies to investigate crime and wrongdoing. These are precisely the methods that produced remedies for the victims of the black cab rapist, John Worboys, alongside a range of other cases providing justice for victims—most famously through the Hillsborough inquiry—and a series of cases of justice for soldiers, including the case at Deepcut.The reform would likely see more cases going to Strasbourg, not less, and would once again expand the power of the Executive, which would be more free to rule by regulation and restrict the interpretive power of the courts. When Europe and the world are crying out for international leadership and solidarity, our Government appear to be running in the opposite direction. We might assume that it is was only the likes of Russia, Poland and Hungary that cynically remained in treaties, such as the human rights convention, while corroding them from within. What I find truly extraordinary is to think that in 2023, the 75th anniversary of the universal declaration of human rights—partly crafted by British lawyers—the Government planned to axe the Human Rights Act, the direct descendant of that convention, which sought to unite countries after fascism, authoritarianism and genocide.Winston Churchill would arguably be turning in his grave. In his opening speech to the Congress of Europe in May 1948, Churchill said that the new Europe must be“a positive force, deriving its strength from our sense of common spiritual values. It is a dynamic expression of democratic faith based upon moral conceptions and inspired by a sense of mission. In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.”
- I do not wish to impose a time limit at the moment, but I will call the SNP spokesperson at around 7 pm.