Bill of Rights

David Davis Excerpts

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

The hon. Lady is right about the first point, but wrong about the second. That is clear from the Bill of Rights.

[Mr David Davis (Haltemprice and Howden) (Con)]

My right hon. Friend started by talking about the 2012 declaration on subsidiarity. He will remember that that flowed directly from action in this Chamber to push back against prisoner votes, of which I think he was a major part. We have not seen the detail of this Bill of Rights, but there are two Conservative tests for it. First, the Conservatives do not believe in an overmighty state, therefore the state has to be curbed by an independent body. Secondly, our fundamental freedoms, such as free speech, jury trial or, as my hon. Friend the Member for Newbury (Laura Farris) mentioned, freedom from torture, are not the gift of the state but the birth right of our citizens. As such, they all have to be protected by powers vested in an independent judiciary. At the end of the day, the test will be whether the Bill of Rights delivers better protection for those things than the European process.

[The Deputy Prime Minister]

My right hon. Friend is too generous: he was really the architect of the campaign to defend this House’s prerogative to decide on prisoner voting. Interestingly, he did that with Jack Straw, the architect of the Human Rights Act, but my right hon. Friend is right to say that it was this House that pushed back in 2012 and sought the Government to ensure that the Strasbourg Court was reflecting and following its mandate, which was at the heart of the Brighton declaration process.

My right hon. Friend is absolutely right in his tests, and I hope I can reassure him on this. When he gets a chance, as I know he will, to study carefully the Bill of Rights, which is now available, he will see that our fundamental freedoms are not being trashed, but that they are being preserved and safeguarded. He will see that judicial independence is being strengthened, because the Supreme Court in this country ought to have the last word, to cherish and nurture this country’s common law tradition, which is ancient.

Finally, my right hon. Friend missed one point, but I hope he agrees with me on this. In broader terms, beyond individual rights, there is a whole realm of public policy—whether it reflects collective interest, social policy, the public purse or public protection—on which it must be this House and its elected Members, who are responsible to our constituents, who have the final word.