Bill of Rights

Lindsay Hoyle Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Mr Speaker]

Before I call the Deputy Prime Minister to make his statement, I have to say to him and the Government that I am extremely disappointed that, once again, an important Government policy has been presented to the media before being presented to this House. Why the BBC and Sky News are more important, I will never know. I say again that this is simply not acceptable.

One thing that did not change in the recently revised ministerial code is this important statement:

“When Parliament is in session, the most important announcements of Government policy should be made, in the first instance, in Parliament.”

Yet again, the media have been the first to know.

I am glad the Deputy Prime Minister is making this statement, but he should have done so before speaking to the media. I would certainly have granted an urgent question, and I thank Mr Bone for tabling one just in case the statement had not been forthcoming. The Government should be aware that I will always do this in similar circumstances. I have to say that I nearly granted both, and I do not want to be put in that position again, so please respect this House and respect Members of every political party. They are elected to hear things here, not via the news.

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[Ellie Reeves (Lewisham West and Penge) (Lab)]

I am sure that the whole House will join me in sending our deepest condolences to my hon. Friend the Member for Croydon North (Steve Reed), who, following the death of his father last week, cannot be here today.

This is a very dark day for victims of crime, for women, for people in care—for everyone in this country who relies on the state to protect them from harm. This is not a Bill of Rights; it is a con. The Lord Chancellor knows this because he has been working on it for more than a decade. We know from the Queen’s Speech that the Bill will take away the duty of the state to protect everyone from harm by removing the positive obligations set out in the Human Rights Act. It will force victims of crime seeking justice to schlep to Strasbourg, creating endless delays and red tape.

Sir Peter Gross and the review panel do not think the Human Rights Act undermines parliamentary sovereignty or that the UK courts are undermined by the European Court, so why proceed with this Bill? Because this Government look to pick a fight to cover up their own failures, and then find someone else to blame. We have seen a succession of Conservative Members blame the European Court to deflect from their bungled and unworkable asylum policy. Shamefully, some have even demanded that the UK withdraw altogether from the European convention on human rights. For members of the party of Churchill, who inspired the convention, to want to do away with it altogether is quite something. I gather that the Deputy Prime Minister does not want to withdraw from the European convention, not least because he knows it would fatally undermine the Good Friday agreement and peace in Northern Ireland, so will he condemn members of his own party who have made that dangerous and reckless demand?

Labour Members are proud of the gift that Churchill gave to the world in the universal declaration and in the European convention that followed, but we are prouder still that it was a Labour Government who, in 1998, brought rights home from Strasbourg. The Human Rights Act is held up around the world as an exemplar of modern human rights legislation, which is why the European Court very rarely overrules our judges, as the review panel recognised in its report. It is a beacon of hope for people in countries where basic human rights are trampled over by strongmen and dictators. There is no better example than Ukraine, where the rights of millions are being crushed under the jackboot of Vladimir Putin. What stunning hypocrisy from this Government to preach to others about the importance of defending rights abroad while snatching away British people’s rights at home. This is a Government gimmick by a party that seeks headlines for botched policies and then blames others when they fail.

The answer to fixing the mess that this Conservative Government have made of the immigration and asylum system is not to take away British people’s rights given to them by the Human Rights Act. That Act has allowed people to object when doctors put “do not resuscitate” orders on their bed without their consent. It has allowed people with learning disabilities imprisoned in locked units to be reunited with their families. It has allowed families affected by major disasters such as Manchester or Hillsborough to seek justice when public bodies have let them down. It has allowed elderly married couples in residential care to object when care home managers try to separate them, and it has allowed victims of rapists such as John Worboys to force the police to investigate cases of rape.

This Bill of Rights con is not just an attack on victims of crime whom the state has failed to protect; it is an attack on women. Women have used the Human Rights Act to challenge the police when they have either failed or refused to investigate rape and sexual assault cases. We saw that in the case of John Worboys, who is thought to have assaulted more than 150 women. It should come as no surprise that this Bill has been brought forward by a Conservative Government who have effectively decriminalised rape. [Interruption.] Last week’s scorecard showed pitiful progress on the record low—[Interruption.]

[Mr Speaker]

Order. People who have been wanting to catch my eye will not do it by shouting when somebody is speaking.

[Ellie Reeves]

Last week’s scorecard showed pitiful progress on the record low rate of convictions under this Government. The typical wait for cases to complete in court has reached three years, and a fifth have seen waits of four years—and that is if the case even gets to court. The number of rape trials postponed at a day’s notice in our Crown courts has risen fourfold. It is no wonder that rape survivors are dropping out of their cases in droves. Will victims even bother to report their case at all when they learn that the Deputy Prime Minister’s Bill of Rights will stop them forcing our under-resourced police to investigate? It says everything about a Lord Chancellor and a Government who are soft on rape, soft on rapists and hard on survivors, that they want to take away the final backstop available to victims to get justice. Women will be in no doubt that this is a Government who let off rapists and let survivors down, and today is the proof.

The Bill will see enormous amounts of red tape for victims of crime seeking justice. It is an attack on women and it undermines peace in Northern Ireland. It is the hallmark of a party out of ideas that can no longer govern.

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[Several hon. Members rose—]

[Mr Speaker]

Order. May I just say to the Front Benchers that there are times given, so can we please stick to them? I do not want to stop Ministers or shadow Ministers, but I will in future. You must stick to the allocated time.

[The Deputy Prime Minister]

I join the hon. Lady in what she said about the hon. Member for Croydon North (Steve Reed). I extend my sympathy and my condolences to him.

I listened very carefully to what the shadow Justice Minister said. I think I disagreed with everything she said, but then again, she said very little about our Bill of Rights. When she gets a chance to read it, I look forward to debating it with her further. May I just correct a couple of the obviously flawed things she said? She talked about whether or not we will leave the European convention on human rights. When she gets a chance to read the Bill of Rights, she will see that not only are we staying a part of the ECHR, but that it is incorporated in the Bill of Rights. I have to say that the comparison with what Russia or Putin does shows, I am afraid, a lack of a moral compass on the Labour Benches, not the Conservative Benches.

The hon. Lady then diverted into a monologue on a very serious subject in relation to rape. Let us be absolutely crystal clear: there is absolutely nothing in the Bill of Rights that will do anything to weaken the protections of victims; far from it in relation to the deportation of foreign national criminals, the release of dangerous rapists, and what we do inside our prisons. It will strengthen our protection of victims and public protection. Again, for the record, on such a serious issue—I agree with the hon. Lady on its importance—she might get her facts straight. The volume of rape convictions has increased by two thirds in the last year alone. I am working very closely with the Home Secretary, the Attorney General and the Director of Public Prosecutions, and we are absolutely determined and restless to go even further and faster.

I suspect, however, that that was really a distraction from the fundamental issue, which is the Bill of Rights and human rights reform to get the right balance. The hon. Lady and the Labour party are blind to the flaws in the Human Rights Act in the way that its architects are not. Jack Straw said back in 2007 that he wanted to rebalance the rights set out in the Act, adding explicitly that responsibilities should play a role. They are all in here in our Bill of Rights. He went on to say, in an interview in December 2008, that

“There is a sense that it’s a villains’ charter”.

Mr Speaker, I have not used that language, but I will just say how far the sense of critical self-evaluation on the Labour Benches has gone when the hon. Lady cannot talk about anything that could possibly be reformed.

The model we have taken is based on a textbook that I read back in 1999, written by a very learned authority. He said, on the relationship between the UK and Strasbourg—the hon. Lady mentioned that, not with any specific points—that the role of the Strasbourg Court is

“primarily concerned with supervision and its role is therefore subsidiary to that of domestic authorities”.

Subsidiary, not superior. It has no role unless the domestic system for protecting human rights breaks down altogether. [Interruption.] The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) asks from a sedentary position who the author is. It was the leader of the Labour party, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), in his seminal textbook on the subject. All I would gently say is that I think he made a more convincing lawyer than he does a politician.

This week we have seen Labour shadow Ministers line up with picketers against the public. Today, the shadow Justice Minister has confirmed that the Labour party will stand in the way of our common-sense reforms that will ensure a better balance of human rights, so that we can stand up for victims—it is always against that when it comes to sentencing or extra police recruitment—deport more foreign national offenders and safely incarcerate the most dangerous people in our prisons. Whenever Labour Members are asked the big questions, they duck. Yet again, the Labour party is showing it is simply not fit to govern.

[The Deputy Prime Minister]

I thank my hon. Friend for his tenacity in all these matters. I always listen to him, and I will study his private Member’s Bill. He makes two points. First, there is really no point in having a Supreme Court if it is subordinate to Strasbourg in the interpretation of law. He must be right about that, and our Bill of Rights will expressly address it.

My hon. Friend’s other point is more subtle, but very powerful. I remember our jointly participating in many debates on prisoners’ voting rights, a very clear example of the goalposts shifting. When it comes to legislative functions, it ought to be a point of common agreement across the parties that those matters must be for hon. Members, who are accountable to our constituents, to decide in this House.

[Mr Speaker]

I call the SNP spokesperson.

[Anne McLaughlin (Glasgow North East) (SNP)]

This Bill of Rights and the removal of the Human Rights Act are the culmination of multiple pieces of legislation that have gone through this place in the past year. They are all about one thing: removing human rights from human beings. First, the Government came for the refugees with the Nationality and Borders Act 2022; they told them that their lives did not count. Secondly, they came for those who need to question decisions made about their lives by public bodies, including this Government; the Judicial Review and Courts Act 2022 stopped them being effectively able to do that. Then they went for the voters with the Elections Act 2022, and what do you know? The voters they were targeting were the ones least likely to vote Conservative—the sensible ones, in other words.

The Government then went after the Gypsy, Roma and Traveller communities with the Police, Crime, Sentencing and Courts Act 2022. They told them that their way of life was unacceptable—well, it is not unacceptable to us. When the Government did not get their way on public order with that Bill, they repackaged it and brought it back in the Public Order Bill, which will take away the rights of anybody to fight for the rights of anybody else. Who would go to a protest when they could be stopped and searched without any suspicion?

It is all about one thing: removing human rights from human beings. This policy, the culmination of it all, is about removing everybody’s human rights. Human rights are not about one group of people, the group the Secretary of State likes to pick on; they are about everybody living on these islands.

I will ask three quick questions and leave the rest to my colleagues. First, why is there a lack of prelegislative scrutiny? What are the Government so afraid of? Secondly, why is the Secretary of State telling people that this policy will bring rights home, when it will actually force people to go to Strasbourg to get justice? Finally, the Scottish and Welsh Governments have made it clear that they are completely against the policy in its entirety. We have a tale of two countries: Scotland is embedding human rights law in all its legislation, while this Government are stripping it away completely. How would the Secretary of State advise the people of Scotland who want to retain human rights law in their legislation to vote in next year’s independence referendum—yes or no?

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[The Deputy Prime Minister]

I agree entirely with my right hon. Friend. She is right that there never seems to be an opportunity to throw away the powers and authority that we have in this House that the Opposition do not grasp with total alacrity.

Rape is such a sensitive issue, and we have seen convictions increase by two thirds. There is a whole range of other work, including Operation Soteria, pre-recorded witness evidence under section 28, and the disclosure reforms that my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) is looking at. We ought to be trying to build on the progress that we have made, not do it down, because that is the stuff that undermines women’s confidence in the justice system. We know there is a longer road—[Interruption.] Hold on. We know that there is much more to do, but that work is not going to get done with the hyperbolic language used by the hon. Member for Lewisham West and Penge (Ellie Reeves).

[Mr Speaker]

I call the Chair of the Select Committee, Joanna Cherry.

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

As acting Chair of the Joint Committee on Human Rights, I wish to remind the Secretary of State that we have completed two in-depth, unanimous cross-party reports, which concluded that the Human Rights Act is working well and does not need to be repealed or replaced. Indeed, that was the conclusion of the independent review, which the Secretary of State commissioned and then ignored.

When we visited Strasbourg last week, we were told that UK Government Ministers have given repeated assurances that the UK will remain in the ECHR, and I was pleased to hear the Secretary of State reiterate that assurance this morning. However, the Prime Minister did make some veiled threats in the opposite direction last week. If we are to stay in the ECHR, it needs to be done with integrity. We cannot pick and choose which convention rights we want to observe or for whom we want to observe them. Does the Secretary of State appreciate that the United Kingdom’s disengagement from the ECHR—make no mistake, Mr Speaker, that is what this Bill is about—risks giving encouragement to populist Governments in eastern Europe who have scant regard for human rights or, indeed, the rule of law?

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[The Deputy Prime Minister]

I am grateful to my hon. Friend, who is always sensible and judicious about these matters. On interim orders, he may recall that rule 39—which is the basis—is a rule of procedure of the Strasbourg Court, it is not part of the convention and the rules of procedure are supposed to govern only the internal workings of the Strasbourg Court. Indeed, that is not just my view—it was the Strasbourg Court’s view until 2005. It is not right that a judicial institution abrogates a power, whether at home or abroad, that has to be given to it by the legislators of state parties or Members of Parliament here. Therefore, we will be clear about the impact on the UK courts and under UK law. The Bill of Rights is right to address that squarely. It is a good example of the creeping, shifting goalposts, which are contrary to any democratic oversight, and that is important. Finally on that point, I want to be careful not to impinge on matters subject to legal proceedings, but, as a matter of principle, it cannot be right that the High Court, the Court of Appeal and the Supreme Court address these issues and see no realistic risk to those being removed, but have that trumped by the Strasbourg Court on a vague basis.

[Mr Speaker]

Order. Could the Deputy Prime Minister look this way now and again? That would be helpful. If not, it is hard to hear him.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

Two things do not surprise me today : the continuing utter disrespect shown to you, Mr Speaker, as Chair of this House, and the utter dearth of historical knowledge on the Government Front Bench and among their Back Benchers. I remind them that there is no such thing as UK law. There is the law of England and Wales, the law of Northern Ireland and the law of Scotland. On the point the Deputy Prime Minister made, I wonder whether, in his next discussion with the Justice Minister of Ukraine, which is a signatory to the convention and a defender of the convention against the Russian Federation, he will say which parts of the convention he thinks Ukraine should leave.