Oral Answers to Questions

Deidre Brock Excerpts

Tuesday 14th January 2020 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

11. What discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

20. What discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I have been discussing this issue with my Cabinet colleagues and will continue to do so. The United Kingdom is committed to protecting and respecting human rights and will continue to champion them both here and abroad. As set out in our manifesto, after Brexit we need to look at the broader aspects of our constitution, including the balance between the rights of individuals and effective government.

[Robert Buckland]

I refer the hon. Lady to the answer I gave in the context of the constitutional commission. Updating Acts is something we do regularly in this place. The Human Rights Act is now just over 20 years old. Aspects of its operation have worked very well; others deserve a further look—for example, the operation of the margin of appreciation and how Strasbourg case law is adhered to. All those issues are relevant and material to the work of the commission.

[Deidre Brock]

Christine Bell, professor of constitutional law at Edinburgh Law School, has said that

“any unilateral repeal of the HRA by Westminster would…violate the Sewel Convention”.

Does the Secretary of State agree? If not, why not?

[Robert Buckland]

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