Human Rights Act

Joanna Cherry Excerpts

Tuesday 30th June 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Betts. I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for securing this debate on an important topic. He rightly said that human rights are part of the UK’s constitutional architecture, he touched on their significance for the devolved settlement and he asked us what we are seeking to achieve through appeal of the Human Rights Act and what the Government’s future intentions are regarding the European convention on human rights.

The right hon. and learned Member for Beaconsfield (Mr Grieve) made a valid point when he said that repeal here is an extremely difficult project that could deliver limited benefits. He also asked what we are trying to achieve—a question that has been echoed by many speakers. The hon. Member for Islington North (Jeremy Corbyn) stated that our repealing the Human Rights Act would send out the wrong message.

I am conscious of the time limit, so I will quickly move on to my points, which, as the SNP Front-Bench spokesperson, particularly relate to the devolved settlement and how it affects Scotland. The SNP has been deeply concerned by recent statements from Ministers that suggest that they believe that the UK Government could repeal the Human Rights Act without reference to the Scottish Parliament. They argue that the Sewel convention would not be engaged because human rights are a reserved matter. That is wrong and legally illiterate. Human rights are not a reserved matter and are not listed as such in schedule 5 to the Scotland Act 1998. Schedule 4 to the Scotland Act protects the Human Rights Act against modification by the Scottish Parliament, but human rights per se are not a reserved matter. It was part of Donald Dewar’s scheme that all matters would be devolved unless they were specifically reserved. Human rights are not specifically reserved.

Moreover, human rights are written into the Scotland Act. The European convention on human rights is entrenched in the Act through section 29(2)(d), which provides that an Act of the Scottish Parliament that is incompatible with the ECHR is actually outwith the legislative competence of the Scottish Parliament. Section 57(2) states:

“A member of the Scottish Executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with”

the ECHR. It is therefore incorrect to say that human rights are a reserved matter. They are devolved and I urge the Minister to think carefully about the statements made by his colleagues to the effect that the Sewel convention would not be engaged.

The Prime Minister has repeatedly spoken of a “respect” agenda, and I stand here as one of 56 SNP Members elected at the general election. I urge the Government to consider their respect agenda, to return to the Scotland Act 1998 and to get their lawyers to look at it carefully. They will find that human rights are not a reserved matter and are devolved, and that the Human Rights Act should not be repealed or otherwise interfered with by the British Parliament without first seeking the consent of the Scottish Parliament.

I want to make it clear, however, that the SNP would seek to prevent the repeal of the Human Rights Act for the whole United Kingdom. It is a fundamental issue and we want the Human Rights Act to remain on the statute book for the entire UK because, as the right hon. and learned Member for Beaconsfield said, it has brought huge benefit in terms of the accessibility of rights for people in this country. Examples of those rights were provided by my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley).

Oral Answers to Questions

Joanna Cherry Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Michael Gove]

I congratulate the right hon. Gentleman on his re-election as Chairman of the Home Affairs Committee. He did an exemplary job in the previous Parliament and I know he will do a very good job in this Parliament. May I also thank him for his kind words about my dress sense? When it comes to cutting a sartorial dash, there are few who can match him.

The right hon. Gentleman is absolutely right that drug addiction is one of the principal factors that lead individuals to commit crime. It is also the case that there is an unacceptable level of drug use, both of illegal drugs and so-called legal highs, in our prisons. We are determined to ensure that the psychological support currently available in prison, and the support rehabilitation companies can provide for individuals who are drug-addicted, is enhanced so that individuals can be weaned off a habit that brings misery to themselves and to their victims.

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

Does the Secretary of State agree that an important part of rehabilitation is the nature of the custodial arrangements we make for our prisoners? He will have seen yesterday’s announcement by the Scottish Government on their plans to reform the custodial arrangements for female offenders in Scotland. Will he commit to considering a similar approach as he reforms the prison estate in England and Wales?

[Michael Gove]

Both our jurisdictions have a great deal to learn from one another. I am very grateful to the hon. and learned Lady for mentioning that, and for the very constructive tone she took in last week’s Westminster Hall debate on these issues. I hope to have the chance to visit prisons in Scotland soon and to talk to the Scottish Justice Minister about some of these issues.

--- Later in debate ---

[Mr Raab]

My hon. Friend is absolutely right. We have a strong record on human rights. We will continue to set an example around the world, but in our own domestic laws we do need to make sure that we have a common-sense balance. It is not a left or right issue; it is what the public expect as a matter of common sense.

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

Is the Minister aware that the Church of Scotland has expressed concern about his Government’s plans to repeal the Human Rights Act? Will he now support the Church of Scotland’s call for human rights to be fully devolved to the Scottish Parliament?

[Mr Raab]

We are well aware of the concerns that have been expressed. We will be consulting fully, including with the devolved Administrations, in due course.

Safety in Prisons

Joanna Cherry Excerpts

Wednesday 17th June 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Bone, and to have the opportunity to speak in this important debate on behalf of the Scottish National party. I congratulate the hon. Member for York Central (Rachael Maskell) on securing the debate and I thank her for her thoughtful and erudite contribution. She clearly brings significant relevant experience to the debate and we should all be appreciative of that.

The hon. Lady asked why prisons in England and Wales are so understaffed and overcrowded, and said that that is part of the ideological drive to cut public services and shift to private sector provision. I associate myself with that conclusion. She identified various problems in the Prison Service, such as: how overcrowding exacerbates the risk of violence to staff and other prisoners; the increase in prisoner numbers and the doubling of women prisoners; and the fall in staffing levels, which self-evidently brings about problems. She also mentioned the risk of suicide and self-harm, and noted that that was at an alarming level among female offenders. She concluded that we have a moral duty to resource properly to address those issues. I associate myself with that view, as well as with her call on the Minister to stop and think before the next round of cuts.

Prison matters are devolved in Scotland, and I will say a little about how we have addressed some of them. The hon. Member for Strangford (Jim Shannon) discussed problems in the Northern Ireland prison sector, which are clearly particular because of the history of the Province, and the availability of drugs in prison, which other Members have touched on. Drugs are a problem throughout the prison service in the United Kingdom.

The hon. Member for Hayes and Harlington (John McDonnell) described a situation of chaos in the prison system of England and Wales, which is deeply concerning. The hon. Member for Swansea East (Carolyn Harris) told us a tragic story involving a constituent of hers whose physical health was not, it seems, addressed at all, leading to his premature death. The hon. Member for Islwyn (Chris Evans) spoke about an unpleasant and tragic case that we have all read about, which highlights the need to address the mental health of prisoners and of those we are trying to rehabilitate in the community. The hon. Member for Wansbeck (Ian Lavery) expressed concerns about privatisation.

The safety of prison staff and inmates is a grave concern. We owe a duty of care to people in our prisons, and in particular to those who are vulnerable—I would especially identify vulnerability through mental health and of female offenders. I have a particular interest because, in my previous career at the Bar in Scotland, I worked for many years as a High Court prosecutor, so I was putting people behind bars. I regret to say that the first woman whom I put behind bars went on to commit suicide in a Scottish prison. Clearly, that is not my fault, but it has always weighed heavily on my conscience, because I felt that the young woman was in need of assistance, which perhaps she did not get in the Prison Service. However, we are taking steps to address that in Scotland. I have also worked as independent counsel for the families of people who have taken their own life in prison.

I will say something about how we in Scotland have tried to address suicide in prisons and female offending, not because we necessarily do things any better and I want to score points, but because I want to give an example of how we are taking things forward. Perhaps other prison systems in the United Kingdom can draw upon it. On suicide and self-harm, the Scottish prison service has something called the “ACT 2 Care” model, which I believe is replicated in the English Prison Service. The model tries to achieve collaboration between all involved—prison officers, the healthcare staff and the families and friends of prisoners—to identify those at risk and to deal with the risk of suicide and self-harm without putting people in solitary confinement, except as an absolute last resort.

I am pleased to report that the rate of self-inflicted deaths in Scottish prisons has reduced in recent years. In the 12 months to the end of March 2014, it was 0.8 deaths per 1,000 prisoners, which is down from 0.9 per 1,000 in the previous year, although that is still not good enough and we have a long way to go. The figures in Scotland compare favourably with the rate in England and Wales which, in the year to the end of March 2014, was 1 death per 1,000, but I do not want to score points on that. I recognise that we have a smaller population in Scotland generally, so it might be rather easier for us to address issues such as overcrowding in prisons.

No account of matters in Scotland would be complete without acknowledging what I touched on in my personal experience. We had a serious problem with suicide and self-harm among female prisoners. The Scottish Government are keen to keep vulnerable groups such as female offenders away from standard prison environments, although the most serious offenders must still be in prison for significant periods. However, the Scottish Government believe that diverting less serious offenders away from prison can lead to more positive outcomes for offenders’ health and wellbeing. The Scottish Cabinet Secretary for Justice recently announced a significant increase in funding of an additional £640,000 for female justice projects, as part of what he described as a “radical and ambitious” approach to female offending.

The Scottish Government intend to consult on a plan to provide smaller, regional and community-based facilities for female offenders throughout the country, rather than a national women’s prison. Interestingly, for the record, the Scottish Government were thinking about building a new women’s prison, but agreed to reconsider under pressure, among other reasons, from the feminist movement in Scotland, which has been reinvigorated by the independence referendum and by members of the Scottish Labour party who have raised the issue. Hon. Members may be aware that Kezia Dugdale, the deputy Scottish Labour leader, and I have often shared a platform on feminist issues, and I look forward to doing so again. I wish her well in her bid for the Scottish Labour party leadership.

We have to accept that certain people must always go to prison, but one contribution to be made to the debate is the suggestion that female offenders and other vulnerable groups should be kept out of prison and in their communities, rehabilitating them there, and so addressing the problems that have led them to offend in the first place. In that way, I hope we can make progress.

I again thank the hon. Member for York Central for raising this important issue. I thank all Members for their contributions to the debate. I look forward with interest to hear what the Minister has to say in due course.