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Human Rights Legislation
14 December 2021
Lead MP
Dominic Raab
Debate Type
Ministerial Statement
Tags
ImmigrationJustice & Courts
Other Contributors: 29
At a Glance
Dominic Raab raised concerns about human rights legislation in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister launched a consultation on proposals to overhaul the Human Rights Act, aiming to introduce a Bill of Rights that strengthens freedom in Britain while curtail abuses within the human rights system. The objective is to change the domestic interpretation and application of the European Convention on Human Rights by UK courts. Key points include preventing serious criminals from relying on Article 8 (right to family life) for deportation purposes, addressing distortions such as those seen in the Osman case which have skewed police operational priorities, and delivering root-and-branch reform of parole proceedings. The proposals also aim to sharpen the separation of powers by making UK courts under no duty to follow Strasbourg case law and introducing a permission stage to prevent spurious claims. Furthermore, reforms recognise diverse legal traditions across the United Kingdom while respecting devolved competences.
Andy Slaughter
Lab
Hammersmith
Question
The MP questioned whether the proposals would undermine the rule of law and weaken civil liberties. He highlighted concerns over the impact on deportations, freedom of speech, and the right to trial by jury.
Minister reply
The Minister responded that the reforms aim to strengthen freedoms while addressing abuses in the human rights system. He emphasised that the proposals will restore common sense to the application of human rights, without weakening civil liberties or undermining the rule of law.
Robert Jenrick
Con
Stafford
Question
The MP supported the proposals and urged for robust protections in the UK Bill of Rights. He emphasised the importance of reinforcing Parliament's role in interpreting human rights.
Minister reply
The Minister agreed with the sentiments expressed, noting that the reforms will reinforce parliamentary sovereignty and provide clarity on how the UK courts should interpret human rights legislation.
Steve Reed
Lab Co-op
Streatham and Croydon North
Question
The MP expressed deep concern over the state of criminal justice, citing record backlogs, out-of-control drug use in prisons, and low prosecution rates for rape. He accused the government of political posturing by focusing on Human Rights Act reform rather than fixing the system's failings.
Minister reply
The Lord Chancellor acknowledged the hon. Gentleman’s points but defended his proposals as necessary reforms to strengthen deportation measures for foreign national offenders. He highlighted ongoing initiatives such as pre-recorded evidence for rape victims and Operation Soteria, while also referencing Jack Straw’s criticism of the Human Rights Act.
Question
The MP praised Sir Peter Gross's report on human rights reforms and suggested that sensible changes should undergo pre-legislative scrutiny. He emphasised the importance of not inadvertently permitting legislation to go directly to Strasbourg, undermining domestic security protections.
Minister reply
The Lord Chancellor agreed with his hon. Friend’s points, acknowledging the influence of Sir Peter Gross's report on their approach. He noted the confusion caused by the case law of the Strasbourg Court and emphasised the need for reform that respects UK court primacy and legal certainty.
Brendan O'Hara
SNP
Argyll, Bute and South Lochaber
Question
Asked for empirical evidence for reforms and confirmation that every provision in the ECHR will be adhered to. He also questioned the consistency of different Ministers' responses on adherence to the ECHR.
Minister reply
Replied that evidence is detailed in an independent review led by Sir Peter Gross, published today. Mentioned that paragraph 2 of article 8 invites qualification and allows for deportation of serious offenders. Acknowledged sensitivity towards the devolved settlement and commitment to consult relevant devolved Administrations.
Bill Cash
Con
Question
Asked if reforms will address concerns over article 8 and illegal immigration, highlighting the Nationality and Borders Bill.
Minister reply
Agreed that reforms will help deal with legal issues regarding sovereignty and self-governance. Discussed importance of maintaining margin of appreciation within ECHR boundaries and two-way relationship between domestic courts and Strasbourg Court.
Harriet Harman
Lab
Wallsend
Question
Asked for confirmation that proposals will not hinder enforcement of rights or increase costs, highlighting concerns about previous Conservative promises.
Minister reply
Committed to staying within the European convention on human rights and retaining effective domestic remedies. Mentioned strengthening provisions for courts to consider wrongdoing in claims.
John Howell
Con
Henley
Question
Asked about efforts to reform the ECHR court.
Minister reply
Agreed to support efforts towards reforming the Court, noting importance of implementing reforms post-Brighton declaration.
Valerie Vaz
Lab
Walsall and Bloxwich
Question
Challenged contradictory stance on keeping ECHR but removing Human Rights Act, demanding a list of cases where British judges have been hamstrung by European law.
Minister reply
Replied that detailed list is in the IHRAR report by Sir Peter Gross and consultation document. Mentioned different ways to enact the ECHR across Council of Europe member states.
Maldon
Question
Does my right hon. Friend agree that recent court judgments appear to have extended privacy law in this country against the provision of section 12 of the existing Human Rights Act and without the debate or approval of Parliament? Can he say whether his reforms will strengthen section 12 to right the balance, and will he stress once again the importance of freedom of expression?
Minister reply
My right hon. Friend hits the nail on the head. We will look at strengthening section 12. The Human Rights Act was introduced with a legitimate aim but has not delivered sufficient emphasis and protection around freedom of speech.
Wera Hobhouse
Lib Dem
Bath
Question
After the Hillsborough disaster, it was the Human Rights Act that helped victims’ families have their voices heard. The Act is a cornerstone of the Good Friday agreement. Why do the Government seek to create uncertainty and jeopardy in Northern Ireland just for political posturing?
Minister reply
We will maintain our position as a state party to the European Convention on Human Rights, which complements the Good Friday agreement.
Question
Does my right hon. Friend agree that his reforms must strengthen the role of Parliament and UK courts rather than relying on judgments from Strasbourg?
Minister reply
We want a robust judiciary, which is why we propose to strengthen the primacy of the Supreme Court.
Mark Hendrick
Lab Co-op
Preston
Question
Will it be a matter of pick and mix from the articles contained in the convention? What is the point of being signatories to the ECHR if only certain articles are felt appropriate?
Minister reply
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.
Question
When speaking with politicians from former Soviet countries, they value the ECHR as a protector of western democratic values. Will he say he wants to back the ECHR and its democratic values?
Minister reply
We will remain a state party to the European Convention, which is important for our allies and partners.
Clive Lewis
Lab
Norwich South
Question
Not only have the Government come for trade union rights, voting rights, protest rights, now human rights are up for grabs. Today’s statement does nothing to strengthen human rights and everything to weaken them.
Minister reply
The hon. Gentleman has highlighted the importance of protecting free speech and rambunctious debate.
John Hayes
Con
South Holland and The Deepings
Question
Will he be clear that we need to challenge the very principle of natural rights, which gave rise to the Human Rights Act? Will my right hon. Friend conduct a root and branch reform?
Minister reply
I welcome his iconoclasm and his challenge to ensure that we get a better balance between individual rights and communal and societal needs.
Dwyfor Meirionnydd
Question
During the course of devolution, Wales has developed a distinct body of law. In Wales, we learn fast. How will the proposed consultation not undermine the Senedd’s ability to protect and promote human rights in Wales?
Minister reply
We will consult not only the devolved Administrations but practitioners, academics and civil society in all the devolved nations.
Christchurch
Question
The welcome reforms are long overdue and now urgent. Will my right hon. Friend guarantee that primary legislation to implement them will be introduced before the summer recess of 2022?
Minister reply
It is important to have the consultation, but we want to introduce the Bill of Rights and get it enacted in this Parliament.
Question
With legislation I always look at where the drive for it comes from. I cannot find it supported by academic or legal communities. It is increasingly clear that it comes from the right wing of the Conservative party and Back Benchers. Will the Secretary of State look at serious leaders in the newspapers?
Minister reply
The calls for reform have come from our voters—the public—and he would do well to remember that.
Edward Leigh
Con
Gainsborough
Question
I support the Secretary of State's statement but need convincing that staying in the European Court of Human Rights and the Council of Europe will make a difference. I want to be assured that after passing this, we will be able to deport illegal migrants effectively.
Minister reply
Human rights reform will address serious issues such as deportation challenges based on article 8 (right to family life). Around 70% of successful human rights challenges to deportation orders come from claims under article 8.
Question
Adam Wagner, a leading human rights lawyer and expert, suggests that these proposals may be the first in history to enact a Bill of Rights that reduces rather than increases rights. Are the Government proud of this description?
Minister reply
Freedom of speech and trial by jury are examples where we can strengthen human rights protections.
Question
Gypsies and Travellers deliberately building permanent, unauthorized structures against planning regulations. When local authorities seek to enforce these laws, they are overruled by the Human Rights Act. Will reforms help balance the planning system so it applies equally to everyone?
Minister reply
The Home Secretary has announced proposals to strengthen powers in relation to illegal encampments, and our proposal for a Bill of Rights will protect legislation enacted by elected Members accountable to constituents.
Claire Hanna
SDLP
Belfast South and Mid Down
Question
The Lord Chancellor's statement made only cursory reference to the devolved regions. The Human Rights Act was critical in the Good Friday agreement negotiations, has proved crucial for victims and survivors, and provides safeguards in all areas of life. Has he received specific legal advice on the interaction of his proposals with Northern Ireland?
Minister reply
We are conscious of any impact on the Good Friday agreement settlement. We will stay in the European convention.
Question
The residents of Blackpool are sick and tired of the Human Rights Act being abused by foreign criminals so they can remain in the UK. Will measures help to make it easier to deport dangerous foreign criminals alongside our new Nationality and Borders Bill?
Minister reply
Majority of challenges (70%) relate to article 8, which is a good example of why reform will be meaningful.
Debbie Abrahams
Lab
Oldham East and Saddleworth
Question
Is the consultation about giving more power to the Executive with fewer challenges to it? Will reforms prevent accountability through cases being brought to courts on rights against torture, medical experimentation, or discrimination against disabled people?
Minister reply
Reforms will not prevent accountability. It is about the separation of powers between judicial and legislative branches.
Question
The Secretary of State said that hon. Members in this House must have the last word on the law, but there are three other lands/nations only partially under Westminster's jurisdiction. Will he guarantee that if devolved Parliaments seek to grant higher levels of human rights protection, these rights will be respected?
Minister reply
We support democracy in all UK nations and do not want Strasbourg to overrule Westminster or the Scottish Parliament.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Question
This is the third or fourth attempt by Tory Governments to fillet the Human Rights Act. It mainly disadvantages ordinary citizens, more decisions will go to Strasbourg. Will he look at measures again to see if they are coherent?
Minister reply
We disagree that it will disadvantage ordinary citizens and are focused on protecting freedom of speech among other protections.
Question
To what extent does the proposed change affect the best interests of children as per the Children Act 1989 or our obligations under the UN Convention on the Rights of the Child?
Minister reply
We live up to international obligations and aim to protect tailored approaches in primary legislation for vulnerable groups including through the Children Act.
Shadow Comment
Steve Reed
Shadow Comment
The shadow Minister criticised the Government for focusing on Human Rights Act reform instead of addressing severe issues in the criminal justice system. He highlighted record backlogs, drug use by prisoners, and low conviction rates for rape as examples of failures that need urgent attention. The Labour Party argued that existing mechanisms already allow national courts to implement convention rights based on local laws and customs, and pointed out that fewer foreign criminals have been deported under this Government despite their rhetoric. The shadow Minister also warned about intelligence service concerns that the proposed reforms could make it harder to deport dangerous foreign criminals, including terrorists, due to potential issues with secret evidence.
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