Commons Sense

House of Commons · Ministers' Questions

Human Rights Legislation

Tuesday 9 January 2024 · 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 8 Not answered 0

Key points

  • The United Kingdom remains committed to a human rights framework that is up to date and works for the British people.
  • The Government rejects the idea that the Rwanda Bill illustrates inadequacy in UK human rights legislation.
  • The Secretary of State will consider engaging with the Scottish Government on social, economic, and cultural rights in domestic law.

Topics (select to filter)

Questions & Answers

Q1 Martin Docherty SNP
Context

The adequacy of human rights legislation in the UK is under scrutiny.

Question

What recent assessment has been made of the adequacy of human rights legislation?

Answer from Alex Chalk

The United Kingdom has a long-standing tradition of ensuring that rights and liberties are protected domestically and fulfilling international human rights obligations. We remain committed to a human rights framework that is up to date, fit for purpose, and works for the British people. Specific actions include the Illegal Migration Act 2023, the Victims and Prisoners Bill, and the Overseas Operations (Service Personnel and Veterans) Act 2021.

Partly answered

Not addressed: Specific assessment of adequacy was not provided

How: Remains Committed, Taking Action

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Q2 Stuart McDonald SNP
Standards & Ethics
Context

Concerns about the Rwanda Bill's compliance with convention rights.

Question

The Rwanda Bill cannot guarantee compliance with vital convention rights. Does that not illustrate inadequacy of UK human rights legislation?

Answer from Alex Chalk

No, I reject that characterisation. The European convention on human rights provides a right to an effective remedy under article 13. Our legislation fulfils this requirement and safeguards rights while delivering interests of the British people.

Partly answered

Not addressed: Specific guarantee about compliance with convention rights was not provided

How: Rejecting Characterisation, Providing Alternative Argument

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Q3 Steven Bonnar
Scotland
Context

Just Fair suggests a human rights bill for Scotland as a blueprint for UK legislation.

Question

Will the Secretary of State commit to engaging with Scottish Government on their experience and expertise in enshrining social, economic and cultural rights in domestic law?

Answer from Alex Chalk

We agree on the common interest in advancing social and economic rights. However, it is questionable whether making these rights justiciable would lead to unnecessary litigation clogging up courts. The hon. Gentleman's principle is right, but I disagree with wanting more litigation.

Partly answered

Not addressed: Specific commitment to engage was not provided

How: Disagreeing On Approach

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Q4 Hannah Bardell SNP
Justice & Courts Scotland
Context

Justice Secretary's support for human rights and the ECHR is noted.

Question

Given previous statements, will the Justice Secretary confirm his support for the Scottish approach to human rights legislation?

Answer from Alex Chalk

It is important not to conflate being a member of the European convention on human rights with giving effect to those rights. We already have the Human Rights Act 1998 and it is unclear if Scotland's Bill would advance UK-wide human rights, but we will listen carefully.

Partly answered

Not addressed: Specific support for Scottish approach was not confirmed

How: Emphasizing Difference

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Q5 Martin Docherty SNP
Northern Ireland Standards & Ethics
Context

ECHR and HRA integral to Good Friday/Belfast agreement.

Question

Does any attempt to overhaul ECHR and HRA from this place could have serious consequences for the communities in Northern Ireland?

Answer from Alex Chalk

We have a human rights framework that we consider important. We are mindful of points raised but satisfied we can deliver on British people's priorities, ensuring warm hearts and open front doors within international obligations.

Partly answered

Not addressed: Specific consequences for Northern Ireland communities were not addressed

How: Mindful Of Concerns, Satisfied With Approach

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Q6 Philip Hollobone Con
Asylum & Refugees
Context

An Albanian-speaking migrant successfully claimed inability to be deported to Serbia due to language issues.

Question

Does this not demonstrate why we need urgent reform of asylum system and human rights laws to allow rapid deportation?

Answer from Alex Chalk

My hon. Friend is right that those who betray this nation's trust should not expect a warm welcome. We signed a prisoner transfer agreement with Albania to ensure deportation of illegal migrants, avoiding £49,000 annual cost for accommodation.

Partly answered

Not addressed: Specific urgency for reform was not confirmed

How: Agreeing On Principle

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Q7 Chris Stephens SNP
Immigration Standards & Ethics
Context

The question concerns the Justice Secretary's comments on the European Convention of Human Rights (ECHR), specifically regarding the Rwanda Bill which faces debate over its compliance with international legal obligations. The bill is contentious, particularly in terms of border protection policies.

Question

When it comes to the Rwanda Bill, why is he failing to uphold the ECHR and the Human Rights Act, which embody so many of the legal principles that the people of these islands hold so dear?

Answer from Alex Chalk

Respectfully, I completely reject that characterisation. We are remaining within the four corners of our international legal obligations. Our legislation is novel and contentious, but it remains within the four corners of our international legal obligations and delivers on the proper, insistent requirements of the British people, which are that we protect our borders and ensure fairness for all—for not only the British people, but those who have played by the rules and done the right thing when they have come to the UK. They will always have a warm welcome in our country.

Partly answered

Not addressed: The answerer did not directly address whether the bill complies with ECHR or Human Rights Act, instead affirming their commitment to legal obligations without specifics.

How: Respectfully, I Completely Reject That Characterisation.

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Q8 Chris Stephens SNP
Northern Ireland Scotland
Context

The question pertains to the Rwanda Bill's impact on devolved areas, particularly human rights which are under Scottish Parliament jurisdiction. The bill includes a statement about compliance with ECHR that cannot be guaranteed.

Question

Of course, the Government state on the front page of the Rwanda Bill that they cannot guarantee that it complies with the ECHR, as the Justice Secretary well knows. The Bill also makes direct intrusions into devolved areas, because human rights are devolved to the Scottish Parliament. So will he confirm that a legislative consent motion will be sought from the Scottish Parliament on the safety of Rwanda?

Answer from Alex Chalk

There is nothing unusual about this, which is precisely why this provision was put in the Human Rights Act 1998. As for further LCMs, we will of course proceed in the normal way, and I will give that matter further consideration.

Partly answered

Not addressed: The answerer did not confirm if an LCM would be sought from the Scottish Parliament, instead stating they would consider it.

How: As For Further Lcms, We Will Of Course Proceed In The Normal Way, And I Will Give That Matter Further Consideration.

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