Commons Sense

House of Commons · Ministers' Questions

European Convention on Human Rights

Tuesday 21 February 2023 · 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 1 Partly answered 5 Not answered 0

Key points

  • The UK government's Bill of Rights will allow the UK to remain a state party to the European Convention on Human Rights while restoring common sense to the human rights regime.
  • The UK government is committed to the Good Friday agreement and the stability of Northern Ireland, despite not ruling out the possibility of withdrawing from the ECHR in the future.
  • The UK government's Bill of Rights retains the European Convention on Human Rights within a schedule, addressing concerns about the Good Friday agreement and future trade deals.

Topics (select to filter)

Questions & Answers

Q1 Alistair Carmichael Lib Dem Orkney and Shetland
Democracy & Elections
Context

The policy area concerns the UK's relationship with the ECHR and how it will be addressed in future.

Question

What is his policy on the future of the UK's adherence to the European convention on human rights?

Answer from Dominic Raab

Our Bill of Rights will envisage us remaining a state party to the ECHR and fully availing ourselves of the margin of appreciation to restore some common sense to our human rights regime.

Answered
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Q2 Martin Docherty SNP
Democracy & Elections
Context

The 25th anniversary of the Good Friday agreement is approaching, raising concerns about leaving the ECHR.

Question

As we prepare to mark the 25th anniversary of the Good Friday agreement, will he recognise the extent to which the ECHR is integrated into that agreement, and the fact that leaving the convention would be a breach of his Government's obligations under the peace process?

Answer from Dominic Raab

No one is more committed to the integrity of the UK than this Government. I set out the position on the Bill of Rights earlier. We have made it clear that we would not rule out ever withdrawing from the ECHR in the future.

Partly answered

Not addressed: specific recognition of the ECHR's importance in the Good Friday Agreement

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Q3 Angela Crawley SNP
Northern Ireland Standards & Ethics
Context

Former Prime Minister Sir John Major highlighted that leaving the ECHR would be akin to aligning with Belarus and Russia.

Question

Does the Secretary of State agree with the former Prime Minister, Sir John Major, who reminded the Northern Ireland Affairs Committee earlier this month that, far from being some bureaucratic creation, the ECHR was championed by Churchill and his Conservative Government?

Answer from Dominic Raab

I do not think that many people take issue with the convention. Of course, it was negotiated at a very different time and place. The real issue has been the mission creep and the expanding and elastic interpretations of the ECHR since that time.

Partly answered

Not addressed: direct agreement or disagreement on Sir John Major's statement

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Q4 Alistair Carmichael Lib Dem Orkney and Shetland
Northern Ireland
Context

Carmichael questioned if leaving the ECHR would breach commitments under the Good Friday agreement.

Question

May I take the Secretary of State back to his answer to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes)? If he is not ruling out ever leaving the convention, is he then not ruling out ever breaking the Good Friday agreement?

Answer from Dominic Raab

We are absolutely committed to the Good Friday agreement and the stability of Northern Ireland, which is why the efforts of the Secretary of State for Northern Ireland and the Prime Minister are so important.

Partly answered

Not addressed: specific ruling out breaking the Good Friday Agreement by leaving ECHR

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Q5 Steve Reed Labour (Co-op) Streatham and Croydon North
Democracy & Elections
Context

Reed pointed out that the Bill of Rights would restrict access to ECHR through British courts, conflicting with the Good Friday agreement.

Question

The Secretary of State's proposed Bill of Rights will mandate British courts to override the European convention on human rights in certain circumstances and restrict access to convention rights through British courts. How will he achieve his plans without breaching the Good Friday agreement?

Answer from Dominic Raab

We can remain absolutely committed to the Good Friday agreement with the Bill of Rights, not least because—the hon. Gentleman would know this if he had bothered to read it—the ECHR is retained within a schedule to the Bill of Rights.

Partly answered

Not addressed: specific mechanism for achieving adherence while implementing Bill of Rights

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Q6 Steve Reed Labour (Co-op) Streatham and Croydon North
Northern Ireland Brexit Foreign Affairs
Context

Reed questioned whether there had been discussions with the Government of Ireland or US about the potential impact of the Bill.

Question

What discussions has he had about this reckless plan with the Government of the Republic of Ireland or with the US Government, who have made it clear that any unilateral attempt to weaken convention rights in Northern Ireland would threaten a future US-UK trade deal?

Answer from Dominic Raab

The hon. Gentleman needs to read the Bill of Rights. It envisages that we will stay a state party to the ECHR, which is retained in a schedule, so all his other concerns melt away.

Partly answered

Not addressed: specific discussions with Ireland and US Governments

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Q7 Stuart McDonald SNP
Migrants & Borders Justice & Courts
Context

McDonald criticized the lack of clarity and commitment regarding future adherence to the ECHR.

Question

Both the Prime Minister and the Deputy Prime Minister have repeatedly failed to rule out withdrawing from the convention in the longer term. What we need from the Justice Secretary is a full-throated defence of the convention and a commitment to the UK's long-term membership. Will he now deliver that unequivocal defence?

Answer from Dominic Raab

I am surprised to hear the SNP talk about extreme members of other parties. At the moment, the UK's single biggest human rights concern is the trade in misery we see with the small boats and illegal immigration across the country.

Not addressed: specific defense of long-term adherence to ECHR

How: Changing Subject

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