Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 8th September 2015 Commons Chamber

[Andrew Selous]

We obviously share my hon. Friend’s concerns about what happened at Rainsbrook. There was a rigorous inspection. There will be a further inspection and we will make absolutely sure that the new contractor maintains the highest possible standards.

[Ms Margaret Ritchie (South Down) (SDLP)]

The Good Friday agreement is an international treaty that is hardwired into the provisions of the Human Rights Act 1998 in order to protect the civil liberties and human rights of citizens. Will the Secretary of State or the Minister ensure that there is no repeal of the Human Rights Act?

[Mr Raab]

We are very mindful of any potential impact of our reform on the Good Friday agreement and the wider settlement. We will pursue our reform of the Human Rights Act with those considerations in mind.

Human Rights Act

Baroness Ritchie of Downpatrick Excerpts

Tuesday 30th June 2015 Westminster Hall

[Mr Carmichael]

Indeed; the time it took to get such cases to court—and the need to have the means to do so—was a glaring injustice, and that situation was affected by the introduction of the Human Rights Act. People needed money, or somebody behind them with the means, to get access to human rights. We should not return to that.

On the devolution settlements, the Scottish Parliament and the Welsh Assembly both have the Human Rights Act hardwired into them: their Acts must be compatible with it. It has already been established that if this is to change, at least for the Scottish Parliament a legislative consent motion would be required in accordance with the Sewel convention. Given recent votes in that Parliament, I do not see how that is going to happen.

The situation in Northern Ireland is even more acute, because there the Human Rights Act is the subject of part of the Good Friday agreement. The second part of the “Rights, Safeguards and Equality of Opportunity” section of the agreement states:

“The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights (ECHR), with direct access to the courts, and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency.”

The creation of the Police Service of Northern Ireland and the body overseeing it, the Northern Ireland Policing Board, have given effect to that.

[Ms Margaret Ritchie (South Down) (SDLP)]

The right hon. Gentleman makes compelling points about the need for the Human Rights Act to be retained. In relation to the devolved settlement in Northern Ireland, the Good Friday agreement was enshrined in the Northern Ireland Act 1998, with a direct coincidence of human rights provisions. Is the right hon. Gentleman aware that the Northern Ireland Committee on the Administration of Justice recently stated unequivocally that any breach of human rights legislation, or any plan to withdraw it, would be a breach of the provisions of the Good Friday agreement and of the Northern Ireland Act 1998?

[Mr Carmichael]

Indeed. That illustrates perfectly what I say about the Human Rights Act being hardwired into these agreements, including that settlement. Underpinning that, we should remember that many parties on both sides—in both communities—in Northern Ireland took a massive leap of faith when entering into the Good Friday agreement in the first place. Many of them were prepared to take that leap of faith because of the assurances given by the Government about protecting human rights. Let us not forget that the roots of the civil rights movement are to be found in that conflict; for many people, human rights have always been at the heart of that movement. We should also not forget that the peace process remains a very delicate animal, as was made apparent just before Christmas. We should never take its continuation for granted.

Let me return to the question: what are we seeking to achieve here? If there is a risk to the stability and sustainability of the Northern Ireland peace process, is it worth it? Either there is a UK Bill of Rights with the widest possible operation or we will end up with different standards of human rights protection applying in different parts of this—I use the term advisedly—United Kingdom. That is not what my party, and other parties represented in this Chamber, campaigned for last September. Human rights protection should be uniform across the whole United Kingdom.

I fear that in introducing this proposal the Government have created more problems for themselves than they have realised. I offer the Minister one piece of assistance before I conclude. My learned noble friend Lord Lester of Herne Hill recently delivered a lecture entitled “Do we need a new Magna Carta?” in which he spoke about how human rights can be protected by a British Bill of Rights. I will happily send the Minister a copy, if he needs it.

If we are to move beyond the Human Rights Act, it can only be done in a way that improves, not diminishes, the protection that is available to our citizens.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak on this matter. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on bringing it forward.

It is my belief that we are elected to this place to do the best for our constituents. The best may not always translate as the most popular, but these are the choices that must be made by Members of this House. I cannot say that no good has come from the Human Rights Act—this would be an untruth—but I can, and as an MP I should, question whether it is the best form of rights protection. My conclusion may not please everyone in the House, but it is something that my party and I have deeply considered. We do not believe that it is the best way of protecting rights.

The Democratic Unionist party has long been critical of the Human Rights Act and the way in which it has been interpreted by the European Court of Human Rights. The Act has been abused by criminals and terrorists, who have used spurious challenges to avoid deportation. It has failed to protect the rights of innocent victims adequately. We want laws that assist victims to secure justice rather than enabling perpetrators to avoid it. We support, as a minimum, the reform of the Human Rights Act, to remove the “right to family life” defence against deportation upon conviction for a serious criminal offence.

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the hon. Gentleman agree that his party is part of the institutions? His party leader is the First Minister in Northern Ireland and he is part of those institutions, as is his party. That is deeply enshrined with the Human Rights Act and the Good Friday agreement. Both are co-related; one cannot exist without the other, and central to all of that is human rights.

[Jim Shannon]

Obviously I would not agree with that. We certainly do not adhere to or support the Belfast agreement. We have no affinity with it whatsoever—I will speak about that later, if I can.

Whereas the Human Rights Act in principle was a good thing, once lawyers became involved it changed. A researcher in my office has a BA in law and I understand that she and I agree about this. I sometimes feel when I hear of European judgements that the status of our own judiciary is perpetually challenged by cases in courts where some of those presiding have questionable experience and make questionable rulings. How often do we hear of a European ruling and ask, “How can this be?”? Many is the time I ask this, and others do as well. The ruling on the Abu Qatada case has been mentioned, and it has been revealed that seven out of the 11 top judges at the Court have little or no judicial experience. Our British judges have to go through all the years of professional experience before they get to that position, yet some of the other judges making those decisions do not have the necessary experience or qualifications. How can we accept judicial rulings by those who are not in a position to do their job? That is one of my major reasons for opposing the enforcement of the Human Rights Act over our own law and rulings.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Mike Penning]

I am not the prisons Minister but I have visited many prisons, not least the ones on the edge of my own constituency, and I have seen that happening in our own prisons. Giving people life skills is vital, as is giving them somewhere to live when they come out.

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the Minister agree that we need to retain the Human Rights Act as part of a programme established to deal with reoffending, in order to ensure that proper standards of human rights are adhered to in prisons?

[Mike Penning]

This country has led on human rights for centuries, and it will be no different when we introduce the legislation to ensure that this Parliament decides exactly what goes on, rather than a foreign court.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 3rd February 2015 Commons Chamber

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the Secretary of State not agree that reductions in funding for this service could prevent those within the sphere of family law from accessing justice, thus reducing the ability to challenge unreasonableness?

[Chris Grayling]

As a Government, we have had to take some difficult decisions about legal aid. It is certainly the case that there is less legal aid money available for family law cases than there was. I am afraid that is a natural consequence of the financial challenges that we have faced. It is interesting that no party in this House has pledged to reverse these changes.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 16th December 2014 Commons Chamber

[Mr Vara]

As I said, that is a debate that we shall have very forcefully with the British people and the other parties in the months ahead.

[Ms Margaret Ritchie (South Down) (SDLP)]

In relation to general human rights issues, does the Minister agree with the opinion of his right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) that non-compliance with the European convention on human rights calls into question the devolution settlements for Wales, Scotland and Northern Ireland?

[Mr Vara]

My right hon. and learned Friend is a very distinguished Member, and he can speak for himself, so I do not need to comment.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 6th May 2014 Commons Chamber

[Chris Grayling]

I can reassure my hon. Friend that while I share his revulsion, the availability of legal aid was not a part of that case. The reforms we have put in place mean that prisoners cannot access legal aid for such cases, or indeed for a wide range of cases relating to conditions in the prisons they are kept in. I do not believe the taxpayer should be funding such court cases.

[Ms Margaret Ritchie (South Down) (SDLP)]

In Northern Ireland, leading lawyers and the Law Society have stated that the cuts handed down by Westminster and implemented by the Justice Minister will severely hinder the public’s ability to access the justice system. What discussions has the Secretary of State had with his ministerial counterpart in Northern Ireland on the impact of this policy?

[Chris Grayling]

I have indeed discussed legal aid funding pressures with my counterpart in Northern Ireland, who said to me that he faces similar challenges in balancing a tough budget. The reality is that we all face difficult financial challenges and we sometimes have to take difficult decisions to meet them.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd July 2013 Commons Chamber

[Mrs Grant]

I agree. Unfortunately, a compensation culture was allowed to develop under the last Government, and we are having to deal with it now. Our reforms will ensure that meritorious claims will always be possible, while also ensuring that unnecessary claims are avoided.

[Ms Margaret Ritchie (South Down) (SDLP)]

Given that the cost of car insurance is very high in Northern Ireland, particularly in relation to whiplash injuries, and given that the issue was referred to the Competition Commission last year, will the Minister tell us whether she has received any progress reports from the commission?

[Mrs Grant]

I personally have received no progress reports, but I am happy to look into the matter for the hon. Lady. The Automobile Association recently reported a 4.1% reduction in premiums, which it attributed to the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Government’s other reforms, but it is clear that much more needs to be done.

Oral Answers to Questions

Baroness Ritchie of Downpatrick Excerpts

Tuesday 18th December 2012 Commons Chamber

[Damian Green]

The hon. Gentleman makes a serious point. The cost of insurance is one reason we have just published a consultation paper on whiplash claims, in which fraud is most commonly committed, an effect of which is to drive up insurance costs for respectable drivers. That could conceivably encourage the bad behaviour that he suggests.

[Ms Margaret Ritchie (South Down) (SDLP)]

In reference to the Minister’s comment about whiplash claims, false claims do much to discredit and undermine those who suffer real injuries as a result of dangerous driving. In Northern Ireland, where the costs are much higher than in comparable regions in Britain, what discussions have taken place with the Minister of Justice regarding whiplash claims?

[Damian Green]

I am sure that the Minister of Justice in Northern Ireland will have seen the Government’s consultation document and I hope that he, along with Members of this House, will welcome it. I would obviously always be willing to speak to him further about it.