Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 8th December 2015 Commons Chamber

[Mr Raab]

My hon. Friend makes a powerful point. We respect the fact that the convention includes a common-sense list of rights, and we want to ensure that we have the proper interpretation of those rights. We also want to ensure that we have a Supreme Court that remains supreme. It should be said that where the goalposts of human rights shift, it should be elected Members here that have the last word.

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

It was reported last week that the long-awaited consultation on the Government’s plans to scrap the Human Rights Act would not be published until the new year. Will the Secretary of State confirm when he intends to bring forward a British Bill of Rights, and will he commit to ensuring a full consultation on these proposals and that adequate time will be given to consider and answer any responses to the consultation?

[Mr Raab]

We have made it clear that the proposals will be brought forward in the new year for full consultation. One area that we want to look at a bit further is the impact of the jurisprudence of the Court of Justice in Luxembourg as well as the Court of Justice in Strasbourg. I can reassure the hon. and learned Lady that we will take the Scottish view very seriously. I have already met the Scottish Justice Minister, Alex Neil, and a range of Scottish practitioners and non-governmental organisations. I look forward to continuing that consultation.

[Joanna Cherry]

In June the Secretary of State assured this House that, in his view, human rights were a reserved matter. Last week, however, he told the House of Lords Constitutional Affairs Committee that legislation regarding human rights is neither reserved nor devolved. Does he therefore now accept that any legislation repudiating the Human Rights Act and introducing a British Bill of Rights will require the consent of the Scottish Parliament? Is he aware that there is no question of such consent being given?

[Mr Raab]

As we have said many times before, revising the Human Rights Act can only be done by the UK Government, but implementation of many human rights issues is already devolved. I have to say that the SNP’s policy on this issue is rather “cake and eat it”. SNP Members suggest that Westminster is attacking Scottish human rights, but the SNP continues to agree that it does not want to give prisoners the vote. After the Scotland Bill becomes law, the Scottish Parliament will be able to decide who votes in Scottish elections, so the only way that the SNP will be able to maintain the bar on prisoner voting in Scottish elections is by relying on Westminster legislation. Can the hon. and learned Lady confirm that that is her intention?