Commons Sense

House of Commons · Ministers' Questions

UK’s Human Rights Framework

Tuesday 8 February 2022 · 8 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 7 Not answered 0

Key points

  • The Minister discussed the Government's plan to replace the Human Rights Act 1998 with a Bill of Rights before the next election.
  • The Minister stated that reforms aim to protect free speech while addressing encroachments in political debate and the misuse by dangerous criminals.
  • The Minister emphasized that the proposed Bill of Rights allows for reform without leaving the European Convention on Human Rights.

Topics (select to filter)

Questions & Answers

Q1 Stuart McDonald SNP
Context

The question follows recent discussions within the Cabinet regarding the UK's human rights framework.

Question

What recent discussions has he had with Cabinet colleagues on reforming the UK's human rights framework?

Answer from Dominic Raab

Under this Prime Minister and this Government, before the next election, we will replace the Human Rights Act 1998 with a Bill of Rights to end the abuse of the framework and the system by dangerous criminals and to restore some common sense.

Partly answered

Not addressed: Specific details about recent Cabinet discussions on reforming the human rights framework were not provided.

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Q2 Deidre Brock SNP
Crime & Law Enforcement Democracy & Elections Standards & Ethics
Context

The Justice Secretary has announced plans to reform the Human Rights Act, including criminalising certain forms of protest.

Question

How can reforms that claim to protect free speech also propose measures like the Police, Crime, Sentencing and Courts Bill which could criminalise lawful protest?

Answer from Dominic Raab

We want to strengthen and reinforce the right of free speech... but also some of the encroachments on free speech we have seen in political debate. I think constituents would recognise the difference between free speech, lawful protest and, frankly, the downright sabotage that we have seen by groups such as Extinction Rebellion.

Partly answered

Not addressed: The answer did not fully address why the Government is proposing measures like the Police, Crime, Sentencing and Courts Bill while claiming to protect free speech.

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Q3 Alistair Carmichael Lib Dem Orkney and Shetland
Democracy & Elections
Context

The Secretary of State previously attempted to reform the Human Rights Act but failed.

Question

Given his previous failure, will he now pursue a policy that involves leaving the European convention on human rights?

Answer from Dominic Raab

We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed.

Partly answered

Not addressed: The answer did not directly address whether leaving the European Convention on Human Rights would be part of future policy.

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Q4 Stuart McDonald SNP
Immigration Justice & Courts Standards & Ethics
Context

The Government commissioned an independent review on Human Rights Act reform but did not act on its conclusions.

Question

How can anyone have faith in future consultations if they just dismiss previous reviews?

Answer from Dominic Raab

I am very grateful for the independent Human Rights Act review. We looked very carefully at all the recommendations, some of which we take on board and for others we are going to innovate in different areas... I suspect the hon. Gentleman's constituents would want us to reform the system to stop foreign national offenders from frustrating deportation orders on the most flimsy grounds created by article 8.

Partly answered

Not addressed: The answer did not directly address how public trust in future consultations can be maintained given past actions.

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Q5 Bob Neill Con
Context

The independent Human Rights Act review has been completed and its recommendations are not fully reflected in the Government's consultation document.

Question

How will responses to future consultations on the Government's document include a full response to Sir Peter Gross' panel's review?

Answer from Dominic Raab

I thank my hon. Friend... The IHRAR panel produced a well-considered and useful report, and I considered it very carefully... There are also areas where the Government wish to explore only a subset of the options considered by that review.

Partly answered

Not addressed: The answer did not fully commit to addressing all points from Sir Peter Gross' panel's review in future consultations.

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Q6 Jacob Young
Immigration Migrants & Borders
Context

The Government plans to reform the Human Rights Act and introduce a new Bill of Rights.

Question

How can reforms help take back control of our borders and address the small boats crisis in the channel?

Answer from Dominic Raab

Clearly the issue of small boats goes well beyond issues in the European convention on human rights, but what I would say to my hon. Friend more generally is that the reforms we are pursuing allow us to take more firm action under the Nationality and Borders Bill and under wider powers to deal with foreign national offenders... Some 70% of claims by foreign national offenders scuppering deportation orders are under article 8.

Partly answered

Not addressed: The answer did not directly explain how reforms would help control borders or stop the small boats crisis, focusing instead on broader issues like deportation.

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Q7 Anne McLaughlin SNP
Asylum & Refugees Standards & Ethics
Context

The Chair of the Select Committee called for a full response to Sir Peter Gross QC's report, criticising the government's lack of engagement with his recommendations.

Question

I echo the Chair of the Select Committee in calling for a full response to Sir Peter Gross QC. Indeed, I wonder why the Government bothered to appoint him if they were not going to listen to him. Does the Secretary of State at least agree with his first recommendation, which is that there should be a full and robust programme of education about what the Human Rights Act actually is?

Answer from Dominic Raab

It is precisely through the process of consultation on our proposal for a Bill of Rights that we can have a proper, substantive debate, listen to all sides of the argument and inject some common sense back into the system, and disseminate that more widely.

Partly answered

Not addressed: Specific agreement with Sir Peter Gross QC's first recommendation for education programme

How: Common Sense Approach

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Q8 Anne McLaughlin SNP
Justice & Courts Standards & Ethics
Context

The UK security services have warned that overhauling the Human Rights Act could affect their ability to provide evidence in secret.

Question

Will he listen to the UK security services, who know more about dangerous foreign criminals than he does? They have warned that overhauling the Human Rights Act could affect their ability to provide evidence in secret. I know he knows why that is dangerous, particularly in terrorism cases, so will he listen to them and to his predecessor in this role?

Answer from Dominic Raab

May I gently say to the hon. Member that there is an issue around extraterritorial jurisdiction, where we will want to consult very carefully? Whether it is the deportation of foreign national offenders or whether it is parole reform, which I believe we also need to undertake, these are all areas where the public, constituents of hon. Members in all parts of the House, will expect us to take a common-sense approach.

Not addressed: Specific concerns about extraterritorial jurisdiction and security services' warnings on evidence provision

How: Common-Sense Approach

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