Human Rights Legislation

Debate between Baroness Harman and Dominic Raab

Tuesday 14th December 2021 Commons Chamber

[Dominic Raab]

I thank my hon. Friend for the huge amount of forensic legal work and analysis he has put into this, as well as for his political and parliamentary contribution to the debate. He is right to say that the reforms will enable us to take measures to deal with the very real problems that his constituents and mine, and those in all four corners of the UK, are concerned about.

Article 8 is an interesting illustration. A lot of people say, “Well, we will still have to comply with Strasbourg”, and it is true that ultimately we will still have to accept the obligations under the convention, but the democratic shield will provide us with a proper means of stretching the margin of appreciation within the boundaries of the convention. Also, the case for article 8 expanded far more aggressively and energetically in this country, and it was later that the Strasbourg Court followed the case law in this country. So what we do is important, and the relationship is two-way. That is why the margin of appreciation, the dialogue and the provisions in the consultation document are so important.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I thank the Justice Secretary for his statement. It sounds as if he has come to the House with many of the complaints that all his predecessors since the Conservatives have been in government have made when they pledged to change the Human Rights Act, but those proposals have ended up amounting to nothing. We shall see whether he is able to turn his concerns into anything of substance. In the Joint Committee on Human Rights, we will obviously look carefully at his consultation and respond to the Gross review. Can I just say how pleased and relieved I am that he has made such a strong commitment to the European convention on human rights and all the rights protected therein, including article 8—the right to private and family life? I hope he will be able to confirm that he will do nothing to make it take longer or cost more for people to enforce their rights. He pledged to stand by the European convention. We cannot have a situation where those rights are available only for those who can afford to enforce them.

[Dominic Raab]

I thank the right hon. and learned Lady for her perfectly reasonable and thoughtful response. She is right that we will stay within the European convention. If she looks me up on the record, she will see that I have consistently said that the problem is not the convention, which is totally unobjectionable as a list of rights. She asked about Conservative politicians bringing these concerns to the House of Commons. That is right. There have been long-standing issues with the Human Rights Act, but it is not just Conservative politicians. I cited Jack Straw—there have been others—as one of the architects of the Act who has been seriously concerned and has made the case for reform. So there are, across the political divide, strong arguments for making a change. We have put proposals forward—that is the difference—including draft illustrative clauses precisely to stimulate the kind of debate we should have. I think that that answers not only the right hon. and learned Lady’s point, but that of my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, about pre-legislative scrutiny. By putting text out there for consideration, we can get right to the crux of these issues.

The right hon. and learned Lady rightly asked about remedies. We will, of course, retain effective domestic remedies, but what we will do with the permissions stage is have a check, which the Strasbourg Court itself has, on unmeritorious claims. It is also right that it has been a long-standing principle in this country that he who comes to equity must come to the court with clean hands. [Interruption.] She is nodding. I hope she agrees. So I think it is right for us to look at strengthening the provisions for the courts, within their discretion, to be able to take into account the wrongdoing of those who claim human rights.

Afghanistan: FCDO Update

Debate between Baroness Harman and Dominic Raab

Monday 6th September 2021 Commons Chamber

[Dominic Raab]

I thank my right hon. Friend and pay tribute to his time as a Foreign Office Minister. He is right; we are already consulting the UN. The Prime Minister has spoken to UN Secretary-General. I have spoken to his special envoy for Afghanistan, Jean Arnault,, to talk through these issues and make sure that we get the eligibility and co-ordination right. My right hon. Friend the Member for South West Wiltshire (Dr Murrison) is also right to refer to the Syrian precedent. We want to learn the lessons from it, and there was much that was a success there. Of course, the circumstances in Afghanistan are different, and the Home Secretary will set out further details in due course, once we have completed that. It will feed in all of the conversations we are having, not just with the UN, but with allies, including Turkey and other countries around the region.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

I thank the Foreign Secretary for his statement. May I ask him about the number of requests the Government have already had in respect of Afghan citizens who do not qualify for the ARAP scheme as they did not work directly for us, but who want and need to flee here from Afghanistan and have already asked? I know that the Afghan citizens resettlement scheme is not yet open, but he must already know how many have, through Members of this House or other organisations, already asked to come here because of the Taliban. Can he tell us how many have done so? How will the Government decide who is going to get into the 5,000 cap? The criteria for the Afghan citizens resettlement scheme are yet to be announced, but we know that it is for those who are highly vulnerable to the Taliban because of what they have done in support of the values we and the previous regime were committed to, in particular, women and girls, equality, democracy and human rights. There are bound to be so many more than 5,000, so how will the Government in practice decide between those who will be the lucky 5,000 and be allowed to come here, and those who, although meeting the criteria, will, because of the 5,000 cap, be refused and face a terrible fate at the hands of the Taliban? The reality is that the unless the Government increase the 5,000 cap, the Afghan citizens resettlement scheme is going to end up as a lottery of life and death.

[Dominic Raab]

I know how passionate the right hon. and learned Lady is about this issue and how assiduous she has been on it. It is difficult to give a precise number of the applications and claims, not least because there is some duplication in the multiple emails and correspondence we have had. She is right to say—frankly, this would be true even if we doubled or tripled the quota—that the number of people who flee Afghanistan is going to outstrip what the UK would be able to take alone. That means that we need to look very carefully at the criteria, as the Home Secretary and I are doing across Government, to make sure that we prioritise the most vulnerable and those with a particular link to the UK, as well as co-ordinating with the United Nations. Further details will be set out by the Home Secretary.

As I mentioned earlier, the UK is doing our bit, alongside the aid we are providing, including to support third countries that take refugees. The UK will not be able to deal with the demand alone—of course we would not do so—but by taking action and showing leadership, we will help to corral and cajole other countries to follow suit. That is how we will have a comprehensive and effective response to the Afghanistan situation.

Oral Answers to Questions

Debate between Baroness Harman and Dominic Raab

Tuesday 26th January 2016 Commons Chamber

[Mr Raab]

My hon. Friend is absolutely right. We have a long tradition and pedigree of respecting human rights, dating back to Magna Carta and before that. We protected human rights in this country before the European convention, and certainly before Labour’s Human Rights Act. We shall continue to do so proudly in the years ahead.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

The Minister is yet to issue his consultation on the repeal of the Human Rights Act and its replacement with a British Bill of Rights, but it is eight weeks until the Scottish Parliament is dissolved and goes into purdah—it is the same with Northern Ireland and Wales. Will he give an absolute guarantee that he will not squash out Scotland, Northern Ireland and Wales from this important consultation by issuing his proposal before, or worse still during, the election purdah period? Will he give that absolute guarantee?

[Mr Raab]

There will be no squashing out of any of the devolved Administrations. We are already in detailed soundings. When we come to our consultation, there will be full consultation with all the devolved Administrations. There are clear rules and Cabinet Office guidance on purdah, and we will be mindful of them.