Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Joanna Cherry Excerpts
Tuesday 6th September 2016

(7 years, 10 months ago)

Commons Chamber
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Elizabeth Truss Portrait Elizabeth Truss
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My hon. Friend is absolutely right: human rights were not invented in 1998 with the Human Rights Act. We have a strong record, as a country, of human rights, dating back to Magna Carta, and the British Bill of Rights is going to be the next step in enshrining those rights in our laws.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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May I welcome the Secretary of State to her new role and say that while, of course, it is not a prerequisite for the person in her role to be a lawyer, she will no doubt wish to listen carefully to any legal advice she receives about any proposals to reform the law?

There is almost universal opposition to the repeal of the Human Rights Act in Scotland; this is reflected in the Scottish Parliament and across Scottish civic society. On 11 August, I wrote to the UK Government seeking clarification of their plans for so-called reform of the Human Rights Act, following press reports. I have yet to receive a substantive response. At what stage in her plans will the Secretary of State seek to consult the Scottish Government, and can she confirm that she will listen to and respect their answer?

Elizabeth Truss Portrait Elizabeth Truss
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I have already had a number of legal meetings about this issue, and I am sure I will enjoy working with the legal profession in my role. The Prime Minister has already had a very good meeting with the First Minister of Scotland. I will be meeting the Scottish Justice Minister shortly to discuss a number of issues.

Joanna Cherry Portrait Joanna Cherry
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rose—

John Bercow Portrait Mr Speaker
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Order. I do apologise; I had not realised that the hon. and learned Lady wanted a second bite of herself.

Joanna Cherry Portrait Joanna Cherry
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I was rather hoping to have a second bite of Her Majesty’s Government, Mr Speaker.

If the Secretary of State has been having legal meetings about the Human Rights Act, she will have been advised that human rights are not a reserved matter and that therefore the Scottish Parliament must be consulted regarding any legislation with regard to human rights. During the independence referendum, Scotland was told that it was an equal partner in this Union. Does she appreciate that to proceed with repeal of the Human Rights Act across the UK would fly in the face of that promise and exacerbate the democratic deficit that already exists in Scotland, where a Tory Government we did not vote for are planning to take us out of the European Union against our will?

Elizabeth Truss Portrait Elizabeth Truss
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I would point out that this was in the Conservative party manifesto and we secured a majority at the general election. As I said, I will be in touch with the Scottish Justice Minister; I look forward to talking to him about this subject.