British Bill of Rights

Lord Bach Excerpts

Wednesday 28th October 2015 Lords Chamber

Asked by

[Lord Bach]

To ask Her Majesty’s Government when they intend to publish their proposals for a British Bill of Rights.

[The Minister of State, Ministry of Justice (Lord Faulks) (Con)]

My Lords, the Government will fully consult on our proposals before introducing legislation for a Bill of Rights. Further details regarding this consultation will be announced in the autumn.

[Lord Bach (Lab)]

I thank the Minister for his reply to my Question. The House will know that the Ministerial Code has recently been amended to remove the reference to Ministers having to comply with international law and treaty obligations. This follows the Permanent Secretary at the Foreign and Commonwealth Office saying that human rights are no longer a priority for his department. Will the Minister please give the House a categorical assurance that the amendment to the Ministerial Code will make absolutely no difference to Ministers’ existing duty to comply with international law and treaty obligations? If, as I hope, the answer to my question is yes, why has it been necessary to amend the Ministerial Code at all?

[Lord Faulks]

My Lords, as the noble Lord will be aware, we have a dualist system rather than a monist system. Neither Parliament nor the courts are bound by international law, but a member of the Executive, including a Minister such as myself, is obliged to follow international law, whether it is reflected in the Ministerial Code or not. All Ministers will be aware of their obligations under the rule of law.