Business of the House

Debate between Jacob Rees-Mogg and Jeremy Wright

Thursday 8th July 2021 Commons Chamber

[Mr Rees-Mogg]

I thought you would, yes.

[Jeremy Wright (Kenilworth and Southam) (Con) [V]]

Returning to the issue of overseas aid and the target, is it not the case that the Government are doing one of two things? Either they are seeking to change that statutory target without parliamentary approval, in which case, although I would be the last person to ask the Government to disclose their own legal advice, they will have to explain why legal opinions that say that is unlawful are wrong, as I for one, do not believe they are; or alternatively, they are making use of provisions in the International Development (Official Development Assistance Target) Act 2015, which set that target in statute, that allow it to be missed in exceptional circumstances.

Those are two different things and I am not clear, from the pronouncements of various Ministers, which of the two is Government policy. Surely my right hon. Friend accepts that the House is entitled to absolute clarity on which of the two it is. If the Government are really proposing to change primary legislation, is it not incumbent on them to seek parliamentary support for that, rather than expect Parliament to use a device such as estimates in order to discuss it? If, on the other hand, the Government are missing the target but not changing it, then we need a statement to explore how compliance with the target will be restored.

[Mr Rees-Mogg]

My right hon. and learned Friend will be aware of the law that relates to the 0.7% target, which requires that at the end of the financial year where the target is missed a statement should be laid before Parliament. The law will be followed.

European Convention on Human Rights: UK Membership

Debate between Jacob Rees-Mogg and Jeremy Wright

Tuesday 26th April 2016 Commons Chamber

[The Attorney General]

Again, I would say to the right hon. Gentleman that there is more to promoting human rights here and abroad than our membership of that court or even of the convention. We do a great deal more to help to promote human rights, and we should continue to do so.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

May I thank my right hon. and learned Friend for showing himself also to be gallant in defending the Home Secretary’s position? There seem to be a couple of errors in her speech. One was that she said it was the European Court of Human Rights that stopped us deporting foreign people, when it was in fact the ECJ that stopped Abu Hamza’s daughter-in-law being removed, contrary to the Home Secretary’s view.

On the issue of whether we have to be in the European convention on human rights while in the EU, I refer my right hon. and learned Friend to article 6.3 of the treaty on European Union:

“Fundamental rights, as guaranteed by the European Convention …shall constitute general principles of the Union’s law.”

Furthermore, the Commission, when asked specifically what would happen if a member state left the convention, said it would consider using article 7, which allows for the suspension of a member’s voting rights. It seems to me that, for once, European treaties are written in clear language that is understandable even to non-lawyers.

[The Attorney General]

On my hon. Friend’s last point, if only that were true. I do not think there is the simplicity that he suggests there is on that point. He is of course right that ECHR principles contribute to European Union via the charter, but that is not the same as putting together the European convention on human rights and European law and saying that they are indistinguishable and indivisible from each other. That is not the position.

In relation to deportation, the difficulty we often face, as my hon. Friend will know, is the interpretation of article 8 of the convention, which deals with the right to a family life. That is a good example of the way in which rights drawn up perfectly sensibly in the convention can be extended beyond where they were meant to go, or of how the balancing exercise at the heart of all human rights law is not conducted in what he and I would consider to be a sensible way.

Oral Answers to Questions

Debate between Jacob Rees-Mogg and Jeremy Wright

Tuesday 13th November 2012 Commons Chamber

[Jeremy Wright]

I will have to check to be certain, but I think that the changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have not yet come into force. However, my hon. Friend puts his finger on the opportunity for us to have available not only more hours spent under curfew but curfew orders that last for a longer time. In addition to new technology that will enable us better to monitor offenders, this can be a very effective means of keeping track of those who have committed offences.

[Jacob Rees-Mogg (North East Somerset) (Con)]

Does the Lord Chancellor recall that in the reign of Henry VIII it was made high treason to take an appeal outside this kingdom? Has not the time come for this Parliament once more to legislate to prohibit appeals to foreign courts and to prohibit the judgments of foreign courts leading our judiciary?