Commons Sense

House of Commons · Ministers' Questions

Bill of Rights: Self-determination for Wales

Wednesday 23 November 2022 · 4 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 2 Not answered 0

Key points

  • Owen Thompson asked about the impact of the Bill of Rights on Wales's right to self-determination.
  • Deidre Brock pointed out that the right to self-determination is set in international law and questioned if the Bill of Rights will uphold it.
  • Oliver Heald inquired if the Bill of Rights places the Supreme Court at the top of the decision-making hierarchy regarding rights for the devolved nations.

Topics (select to filter)

Questions & Answers

Q1 Owen Thompson SNP
Wales Democracy & Elections
Context

The Joint Committee on Human Rights recommended against reforming the Human Rights Act without devolved consent. The Bill of Rights may affect this recommendation.

Question

If he will make an assessment with Cabinet colleagues of the potential impact of the Bill of Rights on the right for self-determination for Wales.

Answer from David Davies

The Bill of Rights will continue to protect the same rights and freedoms currently in place, but will restore a common-sense approach to human rights, safeguarding the public interest and respecting the will of Parliament.

Partly answered

Not addressed: Assessment of impact on right for self-determination for Wales was not addressed

How: Restored Common-Sense Approach, Safeguarding Public Interest

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Q2 Deidre Brock SNP
Scotland Wales
Context

The previous Secretary of State did not answer a similar question about the right to self-determination under the Bill of Rights.

Question

Secretaries of State, previously and just now, have failed to answer the question from the Plaid Cymru leader on this. The right to self-determination is set out in article 1 of the international covenant on civil and political rights. Will the proposed British Bill of Rights uphold that by enshrining the right to self-determination for the peoples of Wales, Scotland, England and Northern Ireland?

Answer from David Davies

The Bill of Rights is clearly a reserved matter for the UK Government. The UK Government will always respect the right of devolved Administrations to legislate in areas for which they are responsible, and we would assume that the devolved Administrations will respect the right of the UK Government to legislate in areas for which they are responsible.

Partly answered

Not addressed: Specific commitment on enshrining self-determination was not provided

How: Reserved Matter, Right Of Devolved Administrations

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Q3 Owen Thompson SNP
Northern Ireland Scotland Wales
Context

The Joint Committee on Human Rights recommended against UK Government reforming the Human Rights Act without devolved consent.

Question

Again, I do not think that got to the point. The Joint Committee on Human Rights recommended in its report last year that the UK Government should “not pursue reform” of the Human Rights Act without the consent of the Scottish Parliament, the Welsh Senedd and the Northern Ireland Assembly. As the UK Government have failed to get that consent, does the Minister not see the vital need for devolved nations to have a right to self-determination enshrined in law?

Answer from David Davies

I think the devolved nations, such as Wales, will be very pleased that my right hon. Friend the Justice Secretary is bringing in legislation that will stop the ridiculous time-wasting of people taking endless appeals, at public expense, to the courts to challenge judicial decisions.

Not addressed: Question about devolved nations' consent and self-determination was not addressed

How: Time-Wasting, Legislation

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Q4 Oliver Heald Con
Democracy & Elections
Context

The previous Secretary of State did not answer a similar question about the role of Supreme Court in rights decisions.

Question

Does my right hon. Friend agree that the Bill of Rights places the Supreme Court at the top of the decision-making tree for rights, and so does our constitutional settlement as regards the devolved nations? Does he agree that we would look to the Supreme Court for correct, rightful decisions in this area, as we have just seen in another context?

Answer from David Davies

I agree with my right hon. and learned Friend. It is incumbent on all of us in this Chamber to support the decisions of the court, as I am sure all of us do.

Answered
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