Bill of Rights

Laura Farris Excerpts

Wednesday 22nd June 2022 Commons Chamber

[The Deputy Prime Minister]

May I gently say to the hon. Gentleman, of whom I am quite fond and with whom I have debated these issues many times, it cannot be both ripping up human rights and a damp squib? May I suggest that he reads what people have to say on this—including Jonathan Fisher QC, who has written a very thoughtful piece about reform; Lord Sumption, a former justice of the Supreme Court; and John Larkin, a former Attorney General in Northern Ireland? He might get a slightly more sober analysis.

[Laura Farris (Newbury) (Con)]

I thank my right hon. Friend for the letter that he wrote to the Justice Committee this morning. In it, he said “The Bill will prevent human rights from being used as a way to bring claims on overseas military operations”, but does he recall that some of the gravest crimes of the Iraq war were revealed only through recourse to the Human Rights Act, enforced in our domestic courts? I think particularly of the systematic torture of detainees by British soldiers in Basra which was revealed in the Baha Mousa case only because of the Human Rights Act, after the Ministry of Defence had declined to investigate. Can he provide reassurances to the House that the new Bill of Rights will not operate to suppress such serious human rights abuses coming to light in the future?

[The Deputy Prime Minister]

I understand my hon. Friend’s point. Of course, we need to have proper accountability when anything goes wrong. The professionalism of our armed forces is second to none, but mistakes can happen and there needs to be accountability. The reality is that we have the international law of armed conflict, which is designed to do that. It has been unhelpful, and indeed has created legal uncertainty, to layer an extra tier of human rights obligations on top of that. It has created uncertainty as to the state of the law, and huge uncertainty for our armed forces. We will make sure that there is the accountability that she seeks, but we will also deal with the extraterritorial jurisdiction, which, frankly, has encouraged litigation and many spurious claims, as well as the ones that she mentioned.