European Convention on Human Rights: UK Membership

Debate between Andy Slaughter and Jeremy Wright

Tuesday 26th April 2016 Commons Chamber

[The Attorney General]

I certainly agree that there have been cases in both Luxembourg and Strasbourg with which we have found difficulty and which we have sought to contest. It is certainly right, as my hon. Friend suggests, that not everything about our membership of the European Union is wonderful, and the Home Secretary made that point very clearly yesterday. However, it is a question of deciding whether, on balance, it is right or wrong to be in the European Union—whether, on balance, it is better or worse for the United Kingdom to be there—and he and I have come to different conclusions on that.

On my hon. Friend’s specific point about the charter of fundamental rights, he will know that the charter covers areas where European law is applicable; it does not cover other areas, so it is not quite the same as our membership of the European convention on human rights.

[Andy Slaughter (Hammersmith) (Lab)]

One thing we can say about this Government is that we are not short of a choice of policy on the European convention on human rights. The Prime Minister reminded us yesterday that he wants to see reform of the ECHR—not, we note, withdrawal. The former Attorney General, the right hon. and learned Member for Beaconsfield (Mr Grieve), who is on the sensible wing of the Tory party, called the ECHR a

“central pillar of foreign policy.”

When the Ministry of Justice clarified its position in February—that took some time—its line was:

“Our plans do not involve leaving the convention”—

and the Justice Secretary has repeated that today. However, the Home Secretary was absolutely clear yesterday that we should leave the ECHR, whatever the outcome of the EU referendum. What status do the Home Secretary’s remarks have? Are they Government policy? Do they bind the MOJ and the Government, or is it just the Home Office that is coming out of the convention?

It is always a pleasure to see the Attorney General, and I mean no disrespect when I say that this is rather like “Hamlet” without the prince—or the princess. Why could the Home Secretary, or even the Lord Chancellor, not have clarified Government policy, as they have caused the confusion? [Interruption.] It would be comic if it were not tragic.

The Home Secretary has set out a series of legal nonsenses. She claims there is no connection between the EU and the ECHR, but it is a requirement of EU membership that countries joining the EU sign up to the ECHR. She elides the fact that European Court of Human Rights judgments are advisory and that the UK Parliament remains sovereign. She wrongly dismisses the importance of Britain’s membership of the convention as an example to Putin and his ilk, downplaying this country’s record on human rights and its influence in Europe. She also ignores the success of the Human Rights Act in incorporating the ECHR into UK law, giving a remedy to vulnerable people suffering discrimination.

I thought the legal, moral and practical arguments had persuaded the Government to abandon attempts to leave the ECHR. We are not going to deal with the legal and technical arguments today, but will the Attorney General say when the consultation will be published so that we can get down to that? Will he at least clarify today what the Government’s policy is? If what the Home Secretary said is not Government policy, what is the status of her remarks? Are they just a stump speech for the Tory party leadership?

[The Attorney General]

It is, of course, an immense pleasure to see the hon. Gentleman too. I pass over what I am sure my hon. Friends, at least, will regard as the supreme irony of being lectured by a member of the Labour party about unity and common purpose.

What the hon. Gentleman will find is that I am saying, the Home Secretary is saying and the Lord Chancellor is saying that the status quo on human rights law is not acceptable so we are bringing forward proposals for reform. We will do that when they are ready. The contrast is marked between what Conservative Members say, which is that there is a deficit of common sense in much of human rights law, and what Labour Members say, which is that the status quo is fine, all is well and we should leave it all alone. The hon. Gentleman will find that many of his constituents, like many of mine, do not think the status quo is acceptable and do wish to see reform. That is what we had a mandate for in the general election, and that is what this Government will deliver.