Commons Sense

House of Commons · Ministers' Questions

Bill of Rights and Human Rights Act 1998

Tuesday 22 March 2022 · 7 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 3 Not answered 0

Key points

  • Government was elected on a manifesto commitment to replace the Human Rights Act 1998 and plans to bring forward legislation for a UK-wide Bill of Rights in the next Session.
  • Government disagrees with legal practitioners who reject the need for changes to the Human Rights Act but aims to stand up for victims and the public.
  • Response to the Windrush scandal highlights that the Human Rights Act was present throughout the entirety of the incident but did not prevent the issues from occurring.

Topics (select to filter)

Questions & Answers

Q1 Wendy Chamberlain Lib Dem North East Fife
Standards & Ethics
Context

The independent Human Rights Act review published in December 2021 raised implications for government policies.

Question

What assessment has the Government made of the implications for their policies of the independent Human Rights Act review published in December 2021?

Answer from Dominic Raab

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.

Partly answered

Not addressed: Did not address the specific assessment requested regarding the implications for their policies

How: Manifesto Commitment

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Q2 Greg Smith Con Mid Buckinghamshire
Democracy & Elections Standards & Ethics
Context

The Nationality and Borders Bill is being debated to support those who need help, such as from Ukraine.

Question

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?

Answer from Dominic Raab

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.

Partly answered

Not addressed: Did not directly address if a British Bill of Rights is essential for the Nationality and Borders Bill

How: Manifesto Commitment

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Q3 Lee Anderson Reform Ashfield
Immigration Justice & Courts Standards & Ethics
Context

Current human rights laws are deemed unfit for purpose, particularly regarding the deportation of foreign criminals.

Question

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?

Answer from Dominic Raab

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.

Partly answered

Not addressed: Did not confirm whether reforms will be fast-tracked for quick deportation processes

How: Fundamental Freedoms

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Q4 Debbie Abrahams Lab Oldham East and Saddleworth
Justice & Courts
Context

Legal experts disagree with the Government's Human Rights Act reform plans.

Question

Given that legal practitioners reject the need for changes, why does the Justice Secretary not scrap these proposals?

Answer from Dominic Raab

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.

Not addressed: Did not address why the Government will not scrap proposals despite opposition from legal practitioners

How: Stand Up For Victims

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Q5 Allan Dorans
Scotland Democracy & Elections
Context

The Scottish Government plans to introduce a new Human Rights Bill by 2025.

Question

Has the Secretary of State reviewed these plans with a view to incorporating them into any future Bill of Rights?

Answer from Dominic Raab

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.

Not addressed: Did not address whether UK government will incorporate Scottish proposals

How: School Of Thought

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Q6 Wendy Chamberlain Lib Dem North East Fife
Standards & Ethics
Context

Legal experts argue that the Human Rights Act is a well-tuned piece of legislation.

Question

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?

Answer from Dominic Raab

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.

Not addressed: Did not address whether scrapping HRA is counterproductive despite effectiveness

How: Respectfully Disagree

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Q7 Angela Crawley SNP
Immigration Standards & Ethics
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.

Question

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?

Answer from Dominic Raab

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.

Not addressed: 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.

How: Changing Subject, Questioning Effectiveness Of Hra

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