Human Rights Update

Debate between Dominic Raab and Jeremy Corbyn

Monday 22nd March 2021 Commons Chamber

[Dominic Raab]

My hon. Friend is absolutely right. Of real significance today is not just the groundbreaking measures that we are taking but the fact that 30 other countries are taking action in concert. We are far more likely to have impact that way and far more likely to get China to think twice.

[Jeremy Corbyn (Islington North) (Ind) [V]]

I thank the Foreign Secretary for his statement. I am glad that this Government and others are now taking seriously the treatment of Uyghur people and the violation of their human rights. Will he tell us what action is being taken over the historic profits made by British companies from manufacturing in that part of China? By the same token, will he undertake that the UN requests about the treatment of those being discriminated against—such as the Dalit peoples in India, Pakistan, Nepal, Sri Lanka and Bangladesh—will also be included in the advice given to British companies, so that we do not profit from the abuse of human rights in any country around the world? If we do, we put ourselves in further violation of the universal declaration of human rights.

[Dominic Raab]

I thank the right hon. Gentleman. He makes an important and focused point about the fact that the requirements under the Modern Slavery Act, particularly in respect of the transparency of supply chains, apply across the board. He is absolutely right on that, and it is an issue on which we ought to work with businesses but ultimately be willing to fine them if they do not comply.

British Citizens Abroad: FCO Help to Return Home

Debate between Dominic Raab and Jeremy Corbyn

Tuesday 24th March 2020 Commons Chamber

[Dominic Raab]

The hon. Gentleman makes some important points, and we certainly want to give as much reassurance and as much advice as possible, but he will know—he has worked on the international brief for a while—that we have in this country a great tradition of travelling abroad, and that even if we take expats out of the equation we are talking about hundreds of thousands of people at any one time. Given the national restrictions that are being imposed, at pace and sometimes without notice, it is very difficult to give cast-iron guarantees about the situation. What we can do is lead internationally, in the way I described, with the G7, which we are doing tomorrow, and work as hard as we can with all our international partners.

The hon. Gentleman mentioned the progress in securing the return home of UK nationals; I can tell him that we have already repatriated more than 1,000 British nationals, and also 254 non-British nationals, where we have had capacity, from 26 countries—places as far-flung as Wuhan over to Cuba.

The hon. Gentleman mentioned Morocco in particular. We have facilitated the return of thousands of British nationals via commercial routes, with 49 commercial flights bringing 8,500 passengers home—in fact, it is even more than that now.

The hon. Gentleman is right that we cannot do it alone, which is why I am spending any moment that I am not in this House talking to Members hitting the phones, talking to Foreign Ministers and working our way through the problems. We have talked to the Peruvian Foreign Minister, as I mentioned, and I spoke to the Singaporean Foreign Minister first thing this morning.

The hon. Gentleman rightly raised the issue of accommodation, because where people are travelling for two to three weeks, that is ultimately the issue for them. In Spain, where a large number of Britain nationals are holidaying, the original Government decision in Madrid was to close all hotels today. I spoke to the Foreign Minister of Spain and we secured the flexibility whereby they would not be kicked out on to the streets, as the hon. Gentleman suggested. We have also secured flexibility to ensure that the airlines can come in and, given the large number of Brits in Spain, we can secure those flights home. On the detail of the travel advice to which he referred, we have given that advice based on the rapid rate of new restrictions that Governments and jurisdictions are placing, sometimes on internal travel, which will inhibit people’s ability to get to the airport, but more often on external flights coming in and out.

The hon. Gentleman also asked, rightly, about cruise ships. To the best of my understanding, on the basis of advice from the Department for Transport, no further cruise ships are hitting the water, so we are dealing with the stock of existing ships. We have successfully returned 684 people, including 669 British nationals, from the Braemar cruise ship, which was in the Caribbean, struggling to find a port of entry. We did that via Cuba. That is a good example of reaching out to—[Interruption.] I thought that would get the Leader of the Opposition excited.

[Jeremy Corbyn (Islington North) (Lab)]

You did say it.

[Dominic Raab]

I am happy to say that we work with all our partners across the world; we would not allow dogma to get in the way of securing the rights of British nationals. I am proud that we have that flexibility and I am grateful to the Cuban Foreign Minister for arranging it. We also had close to 3,000 British nationals on the Azura, docked in Bridgetown, and they arrived back in the UK over the weekend without incident. We had 355 British nationals on the Norwegian Spirit, and they took a flight back to the UK on 23 March. That is the progress we have made, but the hon. Gentleman is right to highlight cruise ships that were travelling after we changed the travel advice for such ships. We have a specific eye and focus on making sure that Brits on board those cruise ships get back safe and sound.

European Union (Withdrawal) (No. 2) Act 2019 (Rule of Law)

Debate between Dominic Raab and Jeremy Corbyn

Monday 9th September 2019 Commons Chamber

[Jeremy Corbyn]

I thank the hon. Lady for that intervention; she makes her point very well. If the Foreign Secretary wishes to reply, I will happily give way.

[Dominic Raab]

indicated dissent.

[Jeremy Corbyn]

The Foreign Secretary shakes his head and does not wish to intervene.

The situation is simply this. The House has voted several times to say that a no-deal exit must be taken off the table, and it subsequently passed legislation to prevent no deal. The Government then apparently refused to accept the decision of the House, which is why this motion has been brought before us this evening. The Government’s response is to try to prorogue Parliament later this evening so that no Minister can be put under any scrutiny for more than a month, during what they themselves must accept is quite a significant point in our country’s history. The Government have now been forced to produce Operation Yellowhammer documents, as a result of a decision taken earlier by this House.

Surely the very least we deserve from the Prime Minister is a clear undertaking that a requirement that we ask for an extension until January to prevent us crashing out must be made at the appropriate time. Why can the Foreign Secretary not say that? Why can the Prime Minister not say that? All that we have left is the ability of this House to declare its view this evening, and I hope that is what we will do.

When the Government have made it clear that they will carry out the law and, if necessary, prevent a no-deal exit, we will then be very happy to debate all their policies in a general election, including ending austerity and the poverty and misery that the Government have brought to the people of this country. I look forward to that opportunity. The priority in this is that operations in hospitals will be damaged, the supply of medicines will be damaged, the supply of food will be damaged, and the supply to manufacturing will be damaged. If all this is a lot of scaremongering, why were the Government so unkeen to present Yellowhammer documents, which will show that truth to be the case? If they have nothing to hide, why are they hiding it? This House has forced them to put those documents out to the public, but, of course, the House will not be sitting. How convenient is that? I say to the Government: do not go ahead with the Prorogation of Parliament; do not go ahead with the threat of no deal. Instead, they should look after the interests of the people of this country which will not be served by our crashing out unless, of course, there is another agenda, which is to rush into the arms of Donald Trump and all the trade deals that they want to make with him.

There we have it. First of all, no Tory MPs want to speak. Now they have all turned out to have a bit of a shouting match. That is absolutely fine, I do not mind.

Human Rights Act

Debate between Dominic Raab and Jeremy Corbyn

Tuesday 30th June 2015 Westminster Hall

[Mr Raab]

I thought I had detected a slight revival of my right hon. and learned Friend’s former enthusiasm, but perhaps I was too optimistic.

I pay tribute to the hon. Member for Islington North (Jeremy Corbyn) for his contribution. He always speaks powerfully on these issues—I have listened to him speaking on human rights since I joined this House. He took us back to Magna Carta and its modern-day relevance.

[Jeremy Corbyn]

I can go back further if you want.

[Mr Raab]

I am sure you could.

I also welcome the contribution made by the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill). I congratulate him on his election to that post and look forward to being grilled in due course. He counselled us not to treat the Human Rights Act as a holy grail that cannot be questioned. That was a useful injection of common sense into the debate.

I also pay tribute to the hon. Member for Strangford (Jim Shannon), who highlighted some of the cases under the HRA that have been of concern to his party. He raised in particular the application of article 8 with regard to deportation. My right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) made some powerful points on section 2 of the Act and on extraterritorial jurisdiction. The hon. Member for Lanark and Hamilton East (Angela Crawley) raised the difficult issue of the balance between liberty and security. My hon. Friend the Member for Christchurch (Mr Chope) discussed judicial legislation from Strasbourg—he has huge experience of that as a result of his representation on the Council of Europe.

There were other excellent speeches to which I cannot pay individual tribute, but I should also acknowledge the speech made by the shadow Minister, who reiterated his party’s position and lamented the lack of detail in the Government’s current proposals. I say to him gently that one issue with the Human Rights Act, arguably, is that it was rushed through, as it was introduced within six months. As a result of that haste, some problems have now emerged that we were warned of at the Act’s inception. The Government are not going to rush in the way the then Labour Government rushed through the Human Rights Act. We will take a little time, because we want to get it done right rather than quickly.

[Mr Raab]

The shadow Minister makes an interesting point. If, as a new Government, we had introduced a Bill within six months, it would have been argued that that was too hasty.

On the problems that have arisen as a result, a former shadow Justice Secretary, the right hon. Member for Tooting (Sadiq Khan), who is no longer in his place, took to The Daily Telegraph just last year to point out some of the problems with section 2 of the Act:

“Too often, rather than ‘taking into account’ Strasbourg rulings and by implication, finding their own way, our courts have acted as if these rulings were binding on their decisions. As a result, the sovereignty of our courts and the will of Parliament have both been called into question. This needs sorting out.”

If the Labour party has U-turned on that rather thoughtful critique of its own legislation and now, as my hon. Friend the Member for Bromley and Chislehurst said, believes the Act to be a holy grail that cannot be touched, called into question or criticised at all, there are some questions for Labour to answer. I know hon. Members in the shadow Minister’s party would not all agree on that matter.

I shall take this opportunity to set out the Government’s position. I should say that I have found the debate very valuable at this still formative stage of the Government’s process towards enacting a Bill of Rights. To answer some of the questions put, we will be consulting formally this Session, including with the devolved Administrations—I am aware that there are some issues there—and I hope hon. Members will understand if I do not prejudge that consultation or its terms in my remarks today.

I remind hon. Members that the United Kingdom has a strong tradition of respect for human rights that long predates the Human Rights Act 1998. The Government are proud of that tradition and will be true to it in delivering our reforms. As I explained at Justice questions, our plans do not involve us leaving the convention. That is not our objective. We want to restore some common-sense balance to our human rights, which are out of kilter, so nothing has been taken off the table.

[Jeremy Corbyn]

If the proposal is not to withdraw from the convention, would it still be applicable in British law and in decision making by judges in British courts?

[Mr Raab]

The hon. Gentleman is alluding to the idea of having a middle course between throwing the baby out with the bathwater, as some have described it—tearing up human rights, getting rid of the convention and not replacing it—and trying to reform the current model by looking at the way the convention has been applied and interpreted. There are not huge numbers of objections to the black letter law of the convention’s text, but the way it has been applied and extended is a matter of concern. All that will be the subject of debate and consultation.

European Convention on Human Rights

Debate between Dominic Raab and Jeremy Corbyn

Tuesday 19th June 2012 Commons Chamber

[Mr Dominic Raab (Esher and Walton) (Con)]

It is a pleasure to follow the hon. Member for Hayes and Harlington (John McDonnell), although, unlike him, I welcome this debate and the serious way in which Ministers have identified and targeted the issue of article 8 undermining deportation, especially in relation to foreign national criminals, but also, increasingly, in relation to other elements of our immigration controls. It is worth putting the specific problem of article 8 into perspective. The European convention on human rights was never intended to have any extra-territorial application at all. It was certainly not intended to fetter deportation in any way. That much is very clear from the travaux préparatoires of the convention, all of which are in the public domain.

All of the restrictions have arisen through judicial legislation. Judges in Strasbourg and the UK have stretched existing rights to restrict our capacity to deport. That is contrary to both the separation of powers and basic democratic accountability. It is a serious constitutional matter. It is for elected Members of this House, not unaccountable judges, to decide whether British human rights need to be upgraded from the ones we signed up to in 1950. I should say that, for my part, as a matter of principle and as an elected representative, I support upholding the absolute prohibition on torture. Some will disagree, but I think it is wrong to deport anyone into the arms of a torturing state. On the question of what the right balance might be in terms of deportation and human rights, however, it must be for elected law-makers to decide whether we are going to raise the bar. Politicians can, perfectly respectably, disagree on where the bar should be set, but democrats cannot disagree that it is for legislators to strike that balance.

The fact is that the European Court of Human Rights has been legislating since the 1970s. In the notorious Chahal case in 1996 it was decided that Governments could not deport terrorist suspects if there was a substantial risk of torture in the country to which they were to be returned, but Strasbourg has gone much further. We see new fetters placed on deportation, most recently in the Abu Qatada case. The House will recall that Qatada’s deportation was barred by Strasbourg not because he faced the risk of torture—that was rejected—but because he might not get a fair trial in Jordan. That is a very dangerous precedent. It cannot be Britain’s responsibility to ensure that the justice systems of the world meet British or European standards. Again, it is not for Strasbourg to expand the fetters on deportation through judicial legislation.

[Jeremy Corbyn]

Surely the hon. Gentleman is rather overreaching himself here. This country signed the UN convention against torture, as one of many countries that did so, and it therefore specifically becomes part of UK law and there is precedent for that. So deporting somebody to a regime that does not accept the convention against torture and therefore might torture them would be illegal under UK law, leaving aside what might happen to them when they were sent back.

[Mr Raab]

I thank the hon. Gentleman for his intervention, but he made so many leaps of legal logic that I could not possibly follow them all. The fact is that Strasbourg’s application of a bar on deportation when the individual is at risk of not having a fair trial in their home country is not set out in the UN convention against torture and is not in the European convention on human rights; this is something that Strasbourg, of its own whim, created. The number of appeals by Qatada, at home and in Strasbourg, makes a mockery of the rule of law.

That said, by far the biggest problem we face on deportation arises as a result of the new restrictions under article 8 and the right to family life. If we are being honest, we cannot blame that on Strasbourg, because these are home-grown restrictions; they are a direct result of judicial legislation by UK courts under the previous Government’s Human Rights Act, beyond even the high tide of judicial legislation in case law that has come from Strasbourg. As a result of the Immigration Minister’s direction, the Home Office has produced data showing that 400 foreign criminals a year defeat deportation orders on article 8 grounds. That represents 61% of all successful challenges to deportation orders and this is by far the biggest category.

These cases are not just statistics; they involve real lives. Many shocking cases have been reported in the news, and I wish to refer to just one, that of my constituent Bishal Gurung, a waiter from Esher who was brutally killed by a gang, with his body dumped mercilessly in the river Thames. The perpetrator was convicted of manslaughter and later released. He frustrated his deportation order by citing his right to family life. Let me make it clear: he had no wife, no children and no dependants, yet still he claimed that his family ties trumped the public interest in his deportation. The House can imagine how Bishal Gurung’s family felt about that, and we can imagine what they feel it says about British justice. Now I can at least tell them that the Government and the House of Commons are trying to tackle the problem and reform the law.

Extradition

Debate between Dominic Raab and Jeremy Corbyn

Thursday 24th November 2011 Westminster Hall

[Mr Raab]

I thank the hon. Gentleman; I find myself in the rare position of agreeing wholeheartedly with him.

[Jeremy Corbyn (Islington North) (Lab)]

Don’t worry, it won’t last.

[Mr Raab]

I am sure that is correct.

Going back to the Baker report and the issue of extradition under the European arrest warrant for the purposes of investigation rather than prosecution, the report effectively denies that EAWs are being used in cases where there is “insufficient evidence”. That is an astonishing conclusion; it is really remarkable. It is just one example of where the Baker review would have been assisted if it had interviewed the victims. It did not do that. However, under the chairmanship of the hon. Member for Aberavon (Dr Francis), the Joint Committee on Human Rights did, and we gleaned as a result not just the legal technicalities and the operation but the human toll on those affected, particularly the innocent—but actually everyone. If we stand up for the principles of justice, we stand up for them across the board and the presumption of innocence is a cornerstone of British justice.

The Baker review should have heard the personal side of the trauma endured by Michael and his family. Instead, and this is really disappointing, Michael’s case merely gets a solitary mention in a footnote at the bottom of page 279. The review’s response to the broader issue of whether European arrest warrants are issued for investigations and not prosecutions is really to point out the blindingly obvious. It concludes that it should not happen under the terms of the framework decision, but that will be no comfort to the Turner family, because it does happen and it is happening and it will happen again unless we put a check in place.

Either we can and should amend the Extradition Act 2003 to make it explicit that extradition for investigation is barred or we need to pursue amendment of the framework decision itself. Given that we do so on other grounds, that would be a sensible course to take.

On other occasions, the EAW system has proved truly Kafkaesque for its victims. The case of Deborah Dark, a grandmother of two, best illustrates that. She gave evidence to our Committee. She was acquitted of drug offences in France more than 20 years ago. Without telling her, the French prosecutors appealed and a two-year jail sentence was imposed in her absence. Seventeen years later, on holiday in Turkey, she was stunned to be arrested at gunpoint. After a three-year legal ordeal, French investigators finally dropped the case. Traumatised, Mrs Dark told the Joint Committee:

“I had been walking around for over 20 years as a wanted person and I did not know.”

That major flaw would be remedied by the specific recommendations put forward by the Joint Committee, which considered all such cases and looked at the impact on the victims as well as taking advice on both law and policy from a range of non-governmental organisations.

There are many other victims, such as Edmond Arapi, and many other controversial cases, such as that of Babar Ahmad.