Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 8th September 2015 Commons Chamber

[Mr Raab]

I understand the hon. Gentleman’s concern. I will not be drawn on the substance and detail of our proposals—[Hon. Members: “Why?”] We will have a consultation and there will be ample time. We want to retain fundamental rights reflected in the convention, but we need to ensure their sensible application and proper respect for the Supreme Court of this country as well as for the democratic role of hon. Members in this place and their legislative function. Our Bill of Rights and proposals will be considering those areas.

[Joanna Cherry (Edinburgh South West) (SNP)]

At Justice questions on 23 June, the Secretary of State said that human rights are a reserved matter under the devolution settlement. At a debate in Westminster Hall on 30 June, I urged the UK Government to reconsider that position, having regard to the precise terms of the Scotland Act 1998. Will the Minister confirm that his advisers have had the opportunity to study schedule 5 to the Act over the recess? Will he now accept that human rights are not listed there as a reserved matter and that if this Government therefore want to repeal the Human Rights Act and replace it with a British Bill of Rights they will be required first to consult the Scottish Parliament according to the Sewel convention?

[Mr Raab]

I thank the hon. Lady for her question. There will be full consultation and we are aware of the concerns that she and her party have raised. Revising the Human Rights Act can be done only by the UK Government, but at the same time the implementation of human rights issues are already substantially devolved to Scotland. Let me give one example. The Scottish Government have been criticised for failing to hold mandatory fatal accident inquiries when someone dies in a mental health institution. That is just one illustration, but the SNP needs to stop promoting the fiction that human rights in Scotland totally depend on or are threatened by Westminster and to focus more on living up to its own responsibilities.

--- Later in debate ---

[Mr Raab]

We are very clear about the absolute prohibition on torture, including in relation to the asylum regime. If the hon. Gentleman wants an overall steer, the major problems have been less with the text of the European convention than with its application. Some of those problems arise because of judicial legislation and others because of the operation of the Human Rights Act. Those problems are acknowledged across the political spectrum, including by senior members of the judiciary.

[Joanna Cherry (Edinburgh South West) (SNP)]

Can the Minister confirm whether the proposed Bill of Rights will grant all those living in the UK the same levels of protection, or will there be different levels of rights protection for different categories of person depending on whether they are a UK citizen or an EU or non-EU citizen?

[Mr Raab]

As I have said, I am not going to go into the substance and the detail. We will have plenty of opportunity to discuss that. There is already some variable geometry in the Human Rights Act in relation to the procedural framework, so we will be interested to hear the views of the SNP and other parties on those aspects.