Safety of Rwanda (Asylum and Immigration) Bill

Debate between Danny Kruger and Stella Creasy

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Danny Kruger (Devizes) (Con)]

Will the hon. Lady give way?

[Stella Creasy]

Oh, go on, then.

[Danny Kruger]

The hon. Lady is constantly and sarcastically evoking Winston Churchill. Obviously he did sign up to the ECHR and he sent lawyers to deal with the drafting process, but will the hon. Lady acknowledge that he did not initially think that the United Kingdom would join it; and when he did sign us up to it, there was no right of individual claims to the European Court? It was properly on the plane of international law—between states, which is the appropriate place for this sort of law.

Nor would Churchill accept, surely—and nor should any of us—what the ECHR has become under the jurisdiction of the Strasbourg Court and, I am afraid, our own lawyers. All the articles that the hon. Lady has mentioned, including the right to human life, have been so extended and expanded by the courts ever since that it has become entirely inappropriate for us to belong to the Court in this way. I really do not think that Winston Churchill would have supported what Strasbourg has become, and neither, surely, does the hon. Lady.

[Stella Creasy]

I am sorry that the hon. Gentleman was not here earlier to be part of the conversation. I am sure that he would want his own right of remedy to explain why he could not be bothered to be here at the start. He would have heard the debate that we had about the original intention of the Court. Let me quote back to him the original document, which states:

“The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.”

From the start, Churchill himself advocated for the Court as a backstop against overbearing Governments that could speak for people and prosecute people in ways that were being talked about after the second world war without any challenge. I do not quote Churchill sarcastically. I recognise what he saw at the time: the danger of authoritarianism. The hon. Gentleman would do well to reflect on that and perhaps reread some of those arguments—as well as the rules about taking part in a parliamentary debate.

When Churchill talked about welcoming any country in which the people owned the Government, he was talking about democracy, and our courts are an integral part of our democracy because they keep Governments honest, even if they are straining with this current Administration. Just two countries have left the European Court of Human Rights. I was there when we expelled Russia because of its aggression and when we tried to prevent it from coming back. Greece left in 1967 when it was under a military regime and rejoined once democracy was restored. We should be proud and confident in our capacity to speak up for human rights and to recognise that a right to an effective remedy is an integral part of that. There is no point having a right if we cannot exercise it, and that means having a separate body to oversee the process and ensure that it is fair to all parties.

Public Order Bill

Debate between Danny Kruger and Stella Creasy

Consideration of Lords amendments
Tuesday 7th March 2023 Commons Chamber

[Danny Kruger]

The behaviour that will not be taken as harassment is private prayer. Other actions that may be taken—obstructing a person walking down the street was what my hon. Friend suggested earlier—will be in scope. What should not be in scope is a person thinking something in their head. That is the only defence on which we are trying to insist, and I invite Members to consider whether they want to pass a law that will ban people from thinking something. Other forms of harassment or obstruction will be in scope of the law. So I do not think the intention is to stop people praying—I do not think that is what the hon. Member for Ealing Central and Acton, the Government or indeed any of us want to do. We need to send a clear signal of the intention of Parliament through this amendment, and I commend my hon. Friend the Member for Northampton South (Andrew Lewer) for tabling it. I ask Members to consider that if they vote against it, they are voting to ban private prayer. Of course it is a special case and we are talking about tiny zones, and of course we can all sympathise with the intention of the clause, but the point is the principle of this—

[Stella Creasy (Walthamstow) (Lab/Co-op)]

When we legislate, being specific matters. So let us be clear: the amendment proposed by the hon. Member for Northampton South is not about private prayer, but about “silent prayer”. Silent prayer can be done in somebody’s face, can it not, whether or not what the person praying is thinking is private in their head? That shows the challenge here. This is not actually about prayer; it is about where it is taking place. So will the hon. Member for Devizes (Danny Kruger) clarify, for the avoidance of doubt, that he has no problem with recognising that somebody praying in another person’s face, silent or not, is unwelcome?