Queen’s Speech

Baroness Goudie Excerpts

Thursday 12th May 2022 Lords Chamber

[Baroness Goudie (Lab)]

My Lords, the Government propose to move away from human rights to a Bill of Rights. One is bound to ask: what is wrong with human rights? Why is there a distancing from human rights in the title?

After the horrors of world wars, an international approach and reaffirmation of human rights principles were needed. In Europe these have never been more necessary than at present. The European convention and the establishment of the European Court of Human Rights were supported across the board from the United Kingdom. Largely, what was done was to embody and import common-law principles. These are complicated and reflect the principles we have enjoyed since the Magna Carta. The United Kingdom can be proud of its achievement.

Building on this, the Human Rights Act 1998 was to bring convention rights home. We should regard as a success the crucial task of enabling and ensuring the effective enforcement of those rights. It has withstood the test of time, skilled in the balance it struck between the important principles of the sovereignty of Parliament and the independence of the judiciary.

Decisions of the Strasbourg court are to be taken account of, no less and no more, but in the case of primary legislation, even the power of the UK court does not go beyond making a declaration of incompatibility. The rule of law is maintained. It is not broken and so does not need to be fixed. On the contrary, it is not to disrespect the role of democracy and of the majority to ensure that minorities are included and not abused or oppressed. Civilised conduct is promoted and totalitarianism is confronted. Democracy does not accept a lack of constraint and restraint upon executive access. The public interest criteria and the collective interest are not neglected in striking a proper balance.

When appropriate, the UK courts decline to follow Strasbourg cases. They do not do so slavishly, and they explain why. The Government have failed to make a case for departing from the recommendations of the Gross report, which was a well-reasoned and persuasive analysis.

Finally, and importantly, in parallel with our Human Rights Act there has been the peace process in Northern Ireland, to which the human rights convention made a significant contribution. At a time when the process is under threat, not only from the consequences of Brexit but from the Government’s attitude to the Ireland/Northern Ireland protocol—to which they agreed, as an international treaty—it is crucial that human rights are not thwarted.