Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 14th July 2020 Commons Chamber

[Lucy Frazer]

The hon. Member makes a very important point. I was pleased to discuss a number of issues that cross our portfolios yesterday. He makes an important point about looking at the whole system and at where a young person will return to—the parents, the family, the community and the friends that they will return to. If we manage to overcome their issues in custody, we need to ensure that they do not return to crime on coming out. Oasis, the company that is providing the secure schools that we are looking at very closely, wants to ensure that there are places for people to stay when they come and visit their children, but it also wants to work with them when they visit to ensure that there is that support on going out. The hon. Member makes a very important point about parenting orders, which we are looking at.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

What recent discussions he has had with the Scottish Government on proposals to update the Human Rights Act 1998.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

We regularly engage with the Scottish Government, as well as the Welsh Government and the Northern Ireland Executive, on a range of justice-related matters, including human rights. The Government committed to looking at the broader aspects of our constitution, including updating the Human Rights Act. I can assure the hon. Members that, once the work on the Human Rights Act review commences, the implications for the devolved Administrations will be closely monitored.

[Stuart C. McDonald [V]]

I thank the Minister for that answer. At Justice questions on 9 June, the Lord Chancellor told us that he was working on that independent review into the operation of the Human Rights Act, but given how hugely significant the Human Rights Act is to the devolved settlements of Wales, Northern Ireland and Scotland, does the Minister agree that any changes to that Act would need full consultation, not just monitoring, and the consent of the devolved Administrations?

[Alex Chalk]

Yes, of course. Scotland has a distinguished and distinct legal system and of course it would need to be consulted in that way. I do wish, though, to make one point crystal clear: whatever amendments may come to the Human Rights Act, the United Kingdom remains committed to membership of the European convention on human rights. That will not change.

Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 14th January 2020 Commons Chamber

[Robert Buckland]

I am grateful to the hon. Gentleman for raising an important issue. After the stresses and strains we have all seen the constitution being put under as a result of the tumultuous events of the past few years, it would be wrong of the Government not to pause, take stock and look at the general constitutional position through the lens of the public because it is all about public confidence and the confidence the public have in this place being the ultimate arbiter of our democracy, which is key. But we will take time and do it in a measured way. I very much hope and expect that the commission will come up with some evidence-based solutions.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Members have every right to be concerned about what the Government are up to with the commission, given their previous noises about human rights, judicial appointments, prerogative powers, judicial review and much, much more. Those concerns are shared not just among Members, but across civil society and beyond. Does the Secretary of State agree that in any such commission Scotland’s perspective and experiences must be properly and independently represented, and that any changes proposed to the competences of the Scottish Government and Parliament must have the consent of those institutions?

[Robert Buckland]

I am very much aware of the important devolution aspect of this issue. It is about more than devolution, of course—the Scottish legal and judicial system was never devolved because it was always separate, and even when we did not have a Scottish Parliament, it had a separate legislative framework that was legislated for in this House. I fully understand the balance that needs to be kept and I take on board the hon. Member’s comments.

--- Later in debate ---

[Robert Buckland]

The hon. Lady will remember that our manifesto talked about updating the Act, not repealing it, so her question is literally academic.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Human Rights Act is also part of the constitutional backbone of devolution, so again will the Secretary of State agree that there should be no change to that Act, given all its implications for devolved competences, without the express agreement of the Scottish Parliament and Government? Otherwise, what sort of democracy are we living in if one Parliament can change the competences of another with such ease and little respect?

[Robert Buckland]

As I said to the hon. Gentleman in a previous answer, I am in the spirit of working constructively with a fellow Parliament and fellow parliamentarians. I want to ensure a situation where the whole of the United Kingdom can benefit from improvements and rebalancing, and that applies equally to the people of Scotland. I hold out an olive branch to him today. I want us to work together on these issues. We can achieve far more working together than by pursuing pointless independence referendums.