Bill of Rights and Human Rights Act 1998 2022-03-22

2022-03-22

TAGS
Response quality

Questions & Answers

Q1 Partial Answer
Wendy Chamberlain Lib Dem
North East Fife
Context
The independent Human Rights Act review published in December 2021 raised implications for government policies.
What assessment has the Government made of the implications for their policies of the independent Human Rights Act review published in December 2021?
The Government were elected on a manifesto commitment to replace the Human Rights Act 1998, and we have launched a consultation on a UK-wide Bill of Rights. We intend to bring forward legislation in the next Session.
Assessment & feedback
Did not address the specific assessment requested regarding the implications for their policies
Manifesto Commitment
Response accuracy
Q2 Partial Answer
Greg Smith Con
Mid Buckinghamshire
Context
The Nationality and Borders Bill is being debated to support those who need help, such as from Ukraine.
Does the Secretary of State agree that a British Bill of Rights is essential for the Nationality and Borders Bill to work effectively in supporting those who desperately need our help?
The Government were elected on a manifesto commitment to replace the Human Rights Act 1998, and we have launched a consultation on a UK-wide Bill of Rights. We intend to bring forward legislation in the next Session.
Assessment & feedback
Did not directly address if a British Bill of Rights is essential for the Nationality and Borders Bill
Manifesto Commitment
Response accuracy
Q3 Partial Answer
Lee Anderson Reform
Ashfield
Context
Current human rights laws are deemed unfit for purpose, particularly regarding the deportation of foreign criminals.
Does my right hon. Friend agree that we should fast-track a new Bill of Rights to deport foreign rapists and criminals as quickly as possible?
We are not talking about undermining the fundamental freedoms—in fact, we are going to strengthen them, including free speech. We are making sure that those who do us harm or have been convicted of serious offences can be returned home without elastic interpretations of rights scuppering the process.
Assessment & feedback
Did not confirm whether reforms will be fast-tracked for quick deportation processes
Fundamental Freedoms
Response accuracy
Q4 Partial Answer
Debbie Abrahams Lab
Oldham East and Saddleworth
Context
Legal experts disagree with the Government's Human Rights Act reform plans.
Given that legal practitioners reject the need for changes, why does the Justice Secretary not scrap these proposals?
We are of course familiar with the views of the Law Society and others but respectfully disagree, and in the end it is not solely our job to listen to legal practitioners, important as they are, or indeed to serve their interests, but also to stand up for victims and the public.
Assessment & feedback
Did not address why the Government will not scrap proposals despite opposition from legal practitioners
Stand Up For Victims
Response accuracy
Q5 Partial Answer
Context
The Scottish Government plans to introduce a new Human Rights Bill by 2025.
Has the Secretary of State reviewed these plans with a view to incorporating them into any future Bill of Rights?
Although I disagree with the hon. Gentleman, I pay respect to the way he has introduced this question. There is a school of thought—I have been up to Edinburgh and discussed this with the Scottish Government—that we should expand a wider range of policy issues, social and economic, and environmental goals, and turn them into judicially enforceable rights.
Assessment & feedback
Did not address whether UK government will incorporate Scottish proposals
School Of Thought
Response accuracy
Q6 Partial Answer
Wendy Chamberlain Lib Dem
North East Fife
Context
Legal experts argue that the Human Rights Act is a well-tuned piece of legislation.
This is not about ideology but about real-world outcomes. The HRA is working well, so will the Government accept that plans to scrap it are counterproductive?
I am afraid that I will not, and I respectfully disagree. I will side with the local authorities of whatever political colour or composition who are trying to serve their constituents.
Assessment & feedback
Did not address whether scrapping HRA is counterproductive despite effectiveness
Respectfully Disagree
Response accuracy
Q7 Partial Answer
Context
The Scottish Government's consultation response highlighted that the initial UK Government approach to Windrush victims was marked by a failure to acknowledge catastrophic errors despite evidence. The HRA played a crucial role in securing justice for these individuals.
In their consultation response the Scottish Government highlighted that in the initial UK Government approach to Windrush: 'No amount of evidence or reasoned argument proved able to persuade the Home Office of the catastrophic errors which had occurred.' The HRA was instrumental in securing justice for the Windrush victims, and the UK Government later said they would learn lessons from those failings. Should they not start by ditching plans to overhaul the legislation that was instrumental in securing justice for the Windrush victims?
It is really important that the hon. Lady raises the question of the Windrush scandal. Hon. Members across the House would agree that that should never have happened, but of course it happened throughout the entirety of the entry into force of the Human Rights Act and there was nothing about the Act that led to the situation being addressed in this House—that was down to hon. Members who became aware of what had happened because of members of our communities who had been affected. Frankly, the Human Rights Act did not stop Windrush and had absolutely no role in remedying it.
Assessment & feedback
The specific ask about abandoning plans to overhaul the legislation was not addressed. The response shifted focus to discussing the role of the HRA in addressing the Windrush scandal without committing to or rejecting any changes to the act.
Changing Subject Questioning Effectiveness Of Hra
Response accuracy