Home Affairs and Justice

Keir Starmer Excerpts

Thursday 28th May 2015 Commons Chamber

[Keir Starmer (Holborn and St Pancras) (Lab)]

May I begin by paying tribute to all those who have made such eloquent maiden speeches today? For my part, having spent many years having my legal arguments torn apart in court, and more recently my evidence questioned in various Select Committees, the opportunity of making an uninterrupted speech in this Chamber is too good to be true.

Since it is customary to root a maiden speech in one’s constituency, I have decided to start in the British Library, which lies in the heart of my constituency of Holborn and St Pancras. As the Camden New Journal reported early in February this year, four surviving Magna Carta manuscripts arrived at the British Library just in time for the 800th anniversary in June of the historic settlement in 1215. Great claims are made of Magna Carta. They include that Magna Carta was the foundation of the notion of equality before the law and individual freedom; that it enshrined due process, habeas corpus and access to justice; and that it was the origin of trial by jury. If all those claims were actually true, no doubt the remaining provisions of Magna Carta would be earmarked, alongside the Human Rights Act, for repeal, not celebration.

As the former Lord Chief Justice, the late Lord Bingham, rightly pointed out:

“Establishment of a charter of human rights in the sense understood today was not among”

the barons’

“objectives. Chapters 39 and 40 were important not as conferring rights on the subject but as imposing a restraint on the King.”

It was their own interests and privileges that the barons were seeking to protect, not the rights of their fellow citizens. Yet from its beginnings as a local feudal settlement offering partial, not universal, protection, Magna Carta has achieved an iconic status here and around the world. Despite steps taken soon after 1215 to water down and even cancel the provisions—a habit, I observe, that we have not yet kicked in relation to fundamental human rights instruments—the core ideas of Magna Carta, reinterpreted, even misinterpreted, have inspired the legal and political development of human rights across the world. It may have taken hundreds of years, but the proclamation in clause 40 of Magna Carta, intended at the time only for the barons, that

“To no one will we sell, to no one deny or delay right or justice”,

when extended to all of us, really took hold in our collective consciousness.

It is thus ironic that in the year when we celebrate Magna Carta, proposals were announced in the Queen’s Speech yesterday to

“bring forward proposals for a British Bill of Rights.”

That is code, of course, for repealing the Human Rights Act, which, like Magna Carta, is a human rights instrument setting out fundamental values and rights. It too has its origins in a historic settlement between the individual and the state. In the aftermath of the second world war, nations came together to say, “Never again.” They established the United Nations and agreed a simple set of universal standards of decency for mankind to cling to going forward, which were then set out in the universal declaration of human rights. These standards were intended to protect the individual from the state, to uphold the rights of minorities, and to provide support for the vulnerable. The idea was simple: these standards would first be enshrined in regional treaties such as the European convention on human rights and then be given legal effect in every country. In the UK this was achieved when Labour enacted the Human Rights Act in 1998.

The link between those post-war universal rights and Magna Carta was made by no lesser a figure than Eleanor Roosevelt, who expressed her hope that the universal declaration of human rights would become

“the international Magna Carta of all men everywhere.”

If speaking today, Eleanor Roosevelt would, of course, have expressly included women, but the sentiment is important. The whole point of human rights is that they apply universally to all people everywhere.

Lord Bingham said that Magna Carta was

“as influential for what it was widely believed to have said as for what it actually did.”

The Human Rights Act, by contrast, is singled out for attack because of what it is believed to say rather than what it actually does. Nothing in the Human Rights Act makes the judgments of the European Court of Human Rights binding in our courts. The obligation on the UK as a whole to abide by the decisions of the European Court is found in the European convention, signed nearly 60 years ago. Repealing the Human Rights Act will make no difference unless the UK also withdraws from the convention itself.

Nor has there been a fundamental shift in defendants’ rights under the Human Rights Act. By stark contrast, the Human Rights Act has heralded a new approach to the protection of the most vulnerable in our society, including those in care homes, child victims of abuse and of trafficking, women subjected to domestic and sexual violence, those with disabilities, and victims of crime.

That is important in my constituency of Holborn and St Pancras. There we celebrate great vibrancy and diversity, but you do not have to go very far to find great inequality, whether measured in wealth, health, housing or child poverty. It is those on low pay, those in poor housing, those with physical and mental health needs, the vulnerable, the put-upon and the bullied in St Pancras and Somers Town, in Regent’s Park, in Gospel Oak, in Haverstock and across my constituency who will be the losers if we abandon the guarantee of equal rights for all. The Human Rights Act matters to the people of Holborn and St Pancras precisely because its provisions apply to everyone, faithfully reflecting the world’s solemn promise in 1945 that human rights are universal.

My predecessor, the right hon. Frank Dobson, to whom I pay tribute, was a powerful advocate of the rights of everyone in Holborn and St Pancras throughout his highly distinguished parliamentary career. In his maiden speech on 16 May 1979, he spoke with a passion that never deserted him about housing, health and education. An Opposition spokesperson for most of Labour’s period out of office in the 1980s and 1990s, he was promoted to the high-profile role of Secretary of State for Health after the 1997 election. He was particularly trenchant in his opposition to the Iraq war, to invasions of civil liberties and to the privatisation of the NHS. Widely respected and widely regarded, he served the people of Holborn and St Pancras for 36 years. Although I doubt I will clock up 36 years, I intend to follow in Frank Dobson’s footsteps—albeit my jokes are likely to seem tame when compared with his, and I might give the beard a miss.

It took us nearly 750 years to journey from the partial application of human rights in Magna Carta to the universal application of human rights in the universal declaration of human rights. As we now celebrate the 800th anniversary of Magna Carta, let us affirm the principle that human rights apply to everyone equally. Any proposed British Bill of Rights inconsistent with that principle will not be worth the paper it is written on and will face widespread opposition, not least from me on behalf of my constituents in Holborn and St Pancras.