European Convention on Human Rights: UK Membership

Alistair Carmichael Excerpts

Tuesday 26th April 2016 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

(Urgent Question): To ask the Secretary of State for the Home Office if she will make a statement on the UK’s membership of the European convention on human rights.

[The Attorney General (Jeremy Wright)]

I am answering this urgent question today on behalf of the Home Secretary, but my right hon. Friend will be making a statement to this House on the Hillsborough inquest findings tomorrow. Mr Speaker, I hope that it is in order for me to make a brief comment on that subject before I turn to the right hon. Gentleman’s question.

As the House knows, the inquest jury has now returned its verdict. I am sure that the whole House will wish to join me in thanking the jurors for the considerable public service that they have performed. As a result, this morning I have written to Members advising that care be exercised when making public statements, to ensure that nothing is said that suggests that any individual or organisation has been found to be criminally liable. Ultimately, a jury in a criminal trial may need to decide that issue, and it is important that nothing is said that may prejudice the right to a fair trial, or make it more difficult to pursue appropriate prosecutions.

On the subject of this urgent question, the United Kingdom is a founder member of the European convention on human rights, and lawyers from the United Kingdom were instrumental in the drafting of the European convention. We are signatories to the convention and we have been clear throughout that we have no objections to the text of the convention; it is indeed a fine document and the Government are firmly of the view that the rights that it enshrines are rights that British citizens and others should continue to hold as part of a reformed human rights framework.

However, this Government were elected with a mandate to reform and modernise the UK human rights framework: the 2015 Conservative party manifesto said that a Conservative Government would scrap the Human Rights Act and introduce a British Bill of Rights. As with all elements of our manifesto, we intend to meet that commitment in the course of this Parliament. Members will be aware that we have set out our intention to consult on the future of the UK’s human rights framework both in this country and abroad, and that consultation will be published in due course. We will fully consult on our proposals before introducing legislation; in doing so, we will welcome constructive contributions from all parts of the House.

The intention of reform is to protect human rights, to prevent the abuse of human rights law and to restore some common sense to the system. The Prime Minister has been clear throughout that we

“rule out absolutely nothing in getting that done”.

Our preference, though, is to seek to achieve reforms while remaining members of the European convention. Our reforms will focus on the expansionist approach to human rights by the Strasbourg court and under the Human Rights Act, but although we want to remain part of the ECHR, we will not stay in at any cost. We have been clear that if we cannot achieve a satisfactory settlement within the ECHR, we may have no option but to consider withdrawal.

However, the question before the people of the United Kingdom in June—again, thanks to this Government—is not about our future membership of the European convention on human rights, but about our future membership of the European Union. It is important that, in taking that significant decision, people do not conflate those separate questions.

Let me make one thing absolutely clear: the United Kingdom has a proud tradition of respect for human rights that long pre-dates the Human Rights Act—and, indeed, the European convention on human rights. Any reforms that we make will maintain that protection. Those are not just words. This Government and the coalition Government who preceded them have a strong record on human rights, both here and abroad.

We brought forward the Modern Slavery Act 2015 to protect some of the most vulnerable and exploited people in our society and to punish those responsible for that exploitation. We have fought to promote and protect human rights internationally. We are one of the leading members of the UN Human Rights Council, leading negotiations to set up international investigations into human rights abuses in Syria and elsewhere. We have transformed the fight against sexual violence in conflict, persuading more than150 states to agree for the first time that sexual violence should be recognised as a grave breach of the Geneva convention. We have been leading the world on the business and human rights agenda: we are one of the first states to argue for the UN’s “Guiding Principles on Business and Human Rights”, and the first state in the world to implement them through a national action plan.

That is a track record of which we can justifiably be proud, and it is that track record on which we will build when we set out proposals for the reform of the human rights framework in the United Kingdom.

[Mr Carmichael]

I am grateful to the Attorney General for that answer. I should make it clear that I hold him in the very highest regard; I enjoyed working with him as a Minister in the previous Government. But he is not the Home Secretary, and he should not be responding to the urgent question today. The Home Secretary was the one who could make the speech yesterday and she can, apparently, come and make a statement tomorrow. She should be here today. Yesterday she went rogue; today she has gone missing.

There is total confusion at the heart of Government policy. What the Attorney General has just said at the Dispatch Box contradicts clearly what has been said previously. Yesterday the Home Secretary said:

“The ECHR can bind the hands of parliament, adds nothing to our prosperity, makes us less secure by preventing the deportation of dangerous foreign nationals – and does nothing to change the attitudes of governments like Russia’s when it comes to human rights. So regardless of the EU referendum, my view is this: if we want to reform human rights laws in this country, it isn’t the EU we should leave but the ECHR and the jurisdiction of its court.”

That contradicts what the Under-Secretary of State for Justice, the hon. Member for Esher and Walton (Mr Raab), who has responsibility for human rights, previously told the House at Justice questions and in a succession of Westminster Hall debates. On 30 June, he said:

“Our plans do not involve us leaving the convention; that is not our objective”—[Official Report, 30 June 2015; Vol. 597, c. 426WH.]

Clearly, there has been a major shift in Government policy and this House should have been the first to hear about it. The Home Secretary tells us that she wants to remain in the European Union but leave the convention; the Under-Secretary of State for Justice wants to leave the European Union but remain in the convention; and the Lord Chancellor wants to leave the European Union, stay in the convention, but ignore the jurisprudence of the Court. Thank goodness we do not have the instability of a coalition Government any more.

It has been apparent for some time that everything in Government thinking is seen through the prism of the European Union referendum. Now it seems that the Home Secretary has taken that to the next level. She has an eye on the next election—the Conservative leadership election.

To be a member of the European Union requires us to be a party to the European convention. How is the Home Secretary’s speech yesterday consistent with that policy? The devolved settlements in Scotland, Wales and Northern Ireland all have the European convention hard-wired into them. They are required to abide by the convention. How can that be done if the United Kingdom as a country is no longer a party to the convention? Does the Attorney General, a decent man who genuinely respects human rights, honestly want to see his country and mine stand alone with Belarus against the convention?

[The Attorney General]

May I start by returning the right hon. Gentleman’s compliments? I very much enjoyed serving in government with him and I have the highest regard for him as an individual. He is a little unfair about coalition government; in my experience, it was not unstable much of the time. We should recognise—he and I, and all other Members of the House—that what we did in coalition was to produce pieces of legislation such as the Modern Slavery Act that recognised the real actions we could take in pursuit of defending human rights, and this Government will continue that course.

It is not right to say, as the right hon. Gentleman suggested, that there is confusion on this policy. I have set it out and he was here in the Chamber when my hon. Friend the Under-Secretary of State for Justice did the same. There is no confusion here. What has been said throughout—by the Prime Minister and all other Ministers—is that we rule nothing out in seeking to achieve the policy objective that we have set and for which we have a clear mandate from the recent general election.

The right hon. Gentleman asked about membership of the European Union. It is not, I am afraid, in any way clear that membership of the European Union requires membership of the European convention on human rights; as with most of these things—he and I are both lawyers—he will understand that there are considerable legal complexities, so that is certainly not a clear statement that I or he can make.

Let me simply say this to the right hon. Gentleman: what the Home Secretary was doing yesterday—in a speech with which, I suspect, he broadly agreed, and which I certainly found made a very persuasive case for remaining in the European Union—was setting out some of the difficulties with the human rights landscape as it stands. We think there are considerable difficulties: there is an absence of common sense and there have been cases that have demonstrated that human rights law is headed in the wrong direction. Restoring that common sense is the objective of the entire Government.