Oral Answers to Questions

Jeremy Wright Excerpts

Thursday 15th October 2015 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

2. What steps he plans to take to ensure that proposals for reform of the Human Rights Act 1998 meet the UK’s domestic and international human rights obligations.

[The Attorney General (Jeremy Wright)]

The Justice Secretary and I meet regularly to discuss important issues of common interest, including on domestic and international human rights law. I am not, as the House knows, able to talk about any legal content of those discussions, because, by convention, whether the Law Officers have given advice or not is not disclosed outside government.

[Graham Jones]

The public need to be aware that withdrawing from the Human Rights Act does not mean that we will withdraw from human rights, because people will still be able to have those rights. It is just that rather than get them in British courts they will have to traipse off to Strasbourg to get them. The British public need to be made aware of the situation. The issue, of course, is about the convention. Are the Government proposing to withdraw from the European convention on human rights, a move that would remove human rights in this country, rather than just from the Human Rights Act?

[The Attorney General]

The hon. Gentleman is right to a certain extent, but of course he will have to wait for the proposals that the Justice Secretary will make on human rights reform. The other point for the hon. Gentleman to bear in mind is that it is not just the Court in Strasbourg that protects the human rights of British citizens. The British courts do, too, and I believe we can rely on the robustness and good sense of British judges to protect those rights.

[Paul Blomfield]

Because so many people in my constituency had written to me expressing their concerns about the Government’s plans on this issue, I organised a meeting during the recess. The dozens of people who came along had one simple question, which I hope the Attorney General will be able to answer: which of the rights currently contained within the Human Rights Act would he and the Government wish to see excluded from a British Bill of Rights?

[The Attorney General]

Again, as the hon. Gentleman has heard me say, he will have to wait for the precise proposals we are going to make. It is worth pointing out that the rights he is talking about are found not in the Human Rights Act, but in the European convention on human rights. The Government have made it clear, as I have on previous occasions, that we do not object to the content of the convention—we object to the way it is interpreted.

[Robert Neill (Bromley and Chislehurst) (Con)]

One important issue in terms of the credibility of the European Court of Human Rights is the quality of the judges. We are shortly to appoint a new British judge, so can the Attorney General assure us that we will ensure that we have a judge of the very highest quality appointed? Unfortunately, the quality some of the appointments from other jurisdictions, not ours, have in the past caused concerns to the Parliamentary Assembly of the Council of Europe.

[The Attorney General]

My hon. Friend is entirely right that the quality of the judiciary matters hugely, in Strasbourg and elsewhere. As he has heard me say, we share confidence in the quality of the British judiciary, and I hope very much that one of those excellent judges will be prepared to serve in Strasbourg so that our point of view can be clearly represented.

[Mr David Nuttall (Bury North) (Con)]

Does the Attorney General agree that the most convincing argument as to why this Government must press ahead with this move as quickly as possible is set out on page 60 of the Conservative party manifesto? It states:

“The next Conservative Government will scrap the Human Rights Act, and introduce a British Bill of Rights.”

Some 11.3 million people voted for that and they will expect it to be carried out quickly.

[The Attorney General]

My hon. Friend will know that I share his enthusiasm for this reform, and I stood on that manifesto, too, and believe in it. But it is important also to make sure that we get this reform right and that we have the details worked out before we announce what we wish to do. There will of course also be an opportunity for all Members of this House to comment on what is proposed, because I know that the Justice Secretary intends to consult on the matter.

[Richard Arkless (Dumfries and Galloway) (SNP)]

The proposed repeal of the Human Rights Act and the potential withdrawal from the ECHR has serious constitutional implications for Scotland. Has the Attorney General seen the proposals and will he be delivering legal advice before they are published in the public domain?

[The Attorney General]

As the hon. Gentleman has heard me say to the Select Committee, I would certainly expect to see the proposals before they are published. He is right, of course, that the devolution consequences of any changes that might be made are significant or potentially significant, depending on what is done. I am afraid that, until we see what is proposed, it is difficult to assess exactly what those consequences might be.

[Mr Philip Hollobone (Kettering) (Con)]

When my constituents say, “Philip, we voted Conservative because we wanted to get rid of the Human Rights Act, when is it going to happen?” what should I tell them?

[The Attorney General]

My hon. Friend can tell his constituents, as we should all tell our constituents, that manifesto promises matter, and this Government intend to honour their manifesto. Of course, a manifesto does not all have to be delivered in the first six months of government. We will seek to do so as soon as possible. I know that the Justice Secretary and his colleagues are working very hard on bringing forward proposals.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Does the Attorney General accept that the continuing uncertainty about whether the UK will remain a signatory to the ECHR is itself damaging? Given that the proposal for a British Bill of Rights has been around in the Conservative party for a considerable time, why cannot the Attorney General be certain and tell us whether the UK will remain a signatory to the ECHR or not?

[The Attorney General]

I do not accept that that uncertainty is damaging. What is happening is that we are seeking a better settlement on the arrangements at Strasbourg. We believe that, on issues such as prisoner voting, it is important that this House, not the Court in Strasbourg, should make the decision. That requires a discussion with the Council of Europe. That discussion will take place. It is important that we on the Conservative Benches at least say that the status quo is unacceptable and that we need to do something about it. If the Opposition believe that the status quo is acceptable, they should make that clear.

[Karl Turner (Kingston upon Hull East) (Lab)]

What’s wrong with the Act, Jeremy?

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

6. Whether future military action using drones overseas will require his approval.

[The Attorney General (Jeremy Wright)]

The role of the Law Officers in relation to military action overseas is to advise as necessary on legal questions, not to authorise the action. The use of drones in military action overseas does not of itself necessarily give rise to legal questions. The deployment of one form of equipment or another rarely does, in and of itself. Whether legal questions arise will depend on the operational context in which any form of military deployment was undertaken, and the reason for it.

[Chi Onwurah]

Technological development can undermine legislation under all Governments, but particularly under this Government, who seem to have no strategy for it. We need to know that, while the strikes may be made by drones, the decision makers are still accountable to the House. When will the Attorney General establish a clear legislative and ethical framework in relation to future drone strikes?

[The Attorney General]

Again, that is not my role within government, but the hon. Lady knows that the Prime Minister was extremely eager to come to Parliament and explain the basis of the decision to take the drone strike of 21 August, and he did so on the first available opportunity.

In terms of setting frameworks, it is important of course to treat every case on its merits. In relation to the legal position, as in relation to a political decision making process, each instance will be different and each must be considered on its own facts.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

The recent drone strike in Syria was described by the Prime Minister as a “new departure” and a first in modern times. The Prime Minister said he is

“happy to look at what other ways there may be of making sure these sorts of acts are scrutinised”.—[Official Report, 7 September 2015; Vol. 599, c. 31.]

Given that any action must be necessary and proportionate to meet the key legal tests, will the Attorney General update us on the discussions between the Government and the Intelligence and Security Committee on reviewing the action and any framework that will be put in place to ensure proper scrutiny in future?

[The Attorney General]

I welcome the hon. Lady to her new responsibilities and wish her well in them. I have no doubt that the new Chairman of the ISC will be discussing with the Government what inquiries they wish to take forward. On my engagement in the process, as the hon. Lady understands, the Law Officers convention makes it clear that legal advice is not disclosed outside government, nor in the generality of cases is even the fact of legal advice disclosed, but she knows, too, that in relation to this incident I thought it was right and proper that the fact of legal advice having been given should be disclosed, and it was. I hope she will understand how difficult it is to go any further than that without undermining the good reasons that I believe lie behind the LOC.

[Tom Pursglove (Corby) (Con)]

7. What steps the Crown Prosecution Service is taking to ensure that court time is not wasted.