Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 8th December 2020 Commons Chamber

[Robert Buckland]

I am grateful to my hon. Friend, and I understand the concern that he outlines. Of course, the Supreme Court does not of its own volition investigate matters. It hears cases and answers the questions before it on arguable points of law of general public importance. However, as I have already said, I think it is important that we look again at the balance. As a full-throated supporter of an institution that brings together the three jurisdictions of our United Kingdom, I want to make sure that its future is indeed a secure and a bright one.

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

The terms of reference for the Government’s review of the Human Rights Act 1998, which were announced yesterday, include the relationship between domestic courts and the European convention on human rights. But of course human rights themselves, as opposed to the Act, are not a reserved matter, and Scotland’s courts play an important role in supervising human rights protections under the Scotland Act 1998. So can the Lord Chancellor give me a cast-iron guarantee that the British Government are not planning to interfere with the competence of the Scottish Parliament in respect of human rights and the jurisdiction of Scotland’s separate legal system in enforcing human rights protections?

[Robert Buckland]

I am happy to assure the hon. and learned Lady that the terms of reference have been carefully couched to make it clear that we have distinctive contexts and natures in each of the jurisdictions, and that they will be considered where that is necessary. I am also content that where there are particular questions on devolved matters or of a devolved nature, the independent review will be approaching or inviting engagement from all appropriate parties. Of course, it is only the first stage in making recommendations. I can assure her that any proposals that will come forward will of course involve the fullest consultation with the devolved Administrations and, indeed, of course the fullest respect for the devolved settlement.

--- Later in debate ---

[Robert Buckland]

I am grateful to my hon. Friend. I know that he met my colleague the Minister of State for Prisons and Probation at the end of November to discuss the issue of the consultation. I know the site well, having visited both Grendon and Spring Hill, and I pay tribute to the staff and, indeed, to the community for supporting the prisons that exist in that part of his constituency. We are considering all comments and suggestions sent to us through the consultation before we submit any outline planning application. I can assure him that the local community will also have an opportunity to provide further feedback once a planning application is submitted. I am happy to extend the public consultation and my officials are in communication with the local council regarding that.

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

Back to the independent review of the Human Rights Act. The Lord Chancellor has said that, after 20 years, it is time to see whether the Act is working effectively, but the terms of reference do not actually contain any reference to an analysis of whether it is working effectively. Recently the Joint Committee on Human Rights found that most black people living in the United Kingdom believe that their human rights are not equally protected compared with those of white people. That is a shocking finding. Does not that finding alone justify a proper examination of whether the Act is working effectively and, if so, why is that not in the terms of reference?

[Robert Buckland]

The hon. and learned Lady knows that I gave evidence to the Committee of which she is a member about a week or so ago and acknowledged the important point made by the Committee. I think it was important for us to set up a very focused review as to the machinery of the Human Rights Act. It is not about the rights themselves; it is about the way in which they interact with our domestic law and the interplay, therefore looking in particular at sections 2, 3 and 4, for example, of the Human Rights Act. However, I am sure that these wider issues will become part of the debate as we see the recommendations come forward and as this place has an opportunity to play its part in those deliberations.