Europe, Human Rights and Keeping People Safe at Home and Abroad

Margaret Ferrier Excerpts

Tuesday 24th May 2016 Commons Chamber

[Joanna Cherry]

My hon. Friend is absolutely right. To move to more modern times, when the Human Rights Act was passed by a Labour Government in 1998, it was intended to be a floor rather than a ceiling for human rights across the United Kingdom. The devolved Parliaments can go further if they so choose, and in Scotland we have chosen to do that, so complying with the European convention is not the limit of our ambitions. In fact, I would say that a key challenge for progressive Governments is to find ways not to avoid human rights responsibilities but to embed human rights across different areas of social policy.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

We have previously heard in this House the argument that we should not turn our backs on Saudi Arabia. For clarification, we are calling for an arms embargo, not a trade embargo, but we must ensure that we never place more importance on trade than we do on human rights. Does my hon. and learned Friend agree that we are all hoping Saudi Arabia is not too proud to heed such opinions and to move forward into the 21st century on human rights?

[Joanna Cherry]

Yes, I agree entirely. I was very pleased to hear the right hon. and learned Member for Beaconsfield (Mr Grieve) remind all of us across the House that the signal the British Government are sending out by indicating that they want to repeal the Human Rights Act and possibly even leave the convention is having an adverse impact across Europe, particularly in Russia. If we want to hold other countries in the world to high standards, we must espouse the same high standards rather than water them down.

Embarking on a course of so-called reform is never a very good idea unless we have a good idea about what we want to do and why we want to do it. Since the UK Government announced that they intended to bring forward a Bill of Rights in the Queen’s Speech last year, we have seen a great deal of confusion in the Government about what they want to do. The Justice Secretary has appeared before parliamentary Committees several times to try to explain why they are pursuing a path of so-called reform of the Human Rights Act: sometimes his position seems to be informed by his Euroscepticism; sometimes he talks of giving powers to British judges rather than to European ones; and sometimes he says that we only need to tweak the Human Rights Act. Both he and his junior Minister, the hon. Member for Esher and Walton (Mr Raab), whom I see on the Front Bench, have told us that they wish to stay in the European convention on human rights, but the Home Secretary recently gave a speech in which, according to my reading, she was pretty clear that she thought we should leave it.

I suggest that this confusion and lack of clarity do not bode well for the Government’s plans on human rights, but the Scottish Parliament will be happy to ride to the rescue. In all three separate devolution arrangements, the Human Rights Act is a matter reserved for the Westminster Government, but human rights themselves are not so reserved. Members will search in vain for human rights in the schedule of reserved matters to the Scotland Act 1998, because they are not reserved. If this Parliament wants to legislate in the field of human rights, it will be required to obtain the consent of the Scottish Parliament.

The First Minister, Nicola Sturgeon, has made it very clear that there is absolutely no question of such consent being given. The reason consent would have to be given is the Sewel convention, which has now found statutory form in section 2 of the new Scotland Act 2016. On 11 November 2014, the Scottish Parliament, as then constituted, voted by 100 votes to 10 in favour of a motion supporting the Human Rights Act and expressing confidence in it.

I believe that the Northern Ireland Assembly passed a similar vote of confidence in the Human Rights Act in June 2015. It recognised the “vital importance” of the Act to the Good Friday agreement, which we should never overlook. The National Assembly for Wales also passed a motion with overwhelming support in November, stating that

“we oppose any attempt to repeal the Human Rights Act”.

I believe that the Welsh First Minister has argued that scrapping it would make the UK

“look like a banana republic.”

I could not have put it better myself.

Since the Scottish Parliament last gave its overwhelming backing to the Human Rights Act, there has been an election in Scotland, which was won by the Scottish National party. The fact remains that in the new Scottish Parliament the parties that support the Human Rights Act far outweigh those that do not, but we are not sure of the position of the Scottish Conservatives. Their leader, Ruth Davidson, recently gave an interview to the Pink News, a paper dear to my heart and hers, in which she said she opposed the Home Secretary’s plans to withdraw from the European convention on human rights. However, Ruth Davidson has as yet been silent on the repeal of the Act.

During the election in Scotland the Scottish Tories took great care to distance themselves from this Government—they did not even mention the Conservative party on their leaflets. But Ruth Davidson will not be able to duck the issue forever: my colleague Ben Macpherson, the new SNP MSP for Edinburgh Northern and Leith, has lodged a parliamentary motion in the Scottish Parliament calling on all MSPs to make it clear that the new Scottish Parliament will refuse consent to repeal the Human Rights Act. It is time for the Ruth Davidson party to get off the fence. But even if she ends up siding with her colleagues here—as she usually does, when push comes to shove—the overwhelming majority of Members of Scottish Parliament want to keep the Human Rights Act and will keep it for the whole United Kingdom.

--- Later in debate ---

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

I cannot help but feel an ominous sense of déjà vu. Prior to the general election, the Conservatives vowed to bring forward their British Bill of Rights proposals in their first 100 days in office. Kicked into the long grass last year, these plans have once again reared their ugly head. Like many in this place, I find it infuriating that the Government refuse to drop their attack on human rights. Let us be clear: that is exactly what this is. No amount of Government spin will convince me or many others that plans to scrap the Human Rights Act are anything other than an outright assault on human rights themselves.

The Human Rights Act is a very important piece of legislation, and the Government have seriously underestimated sentiment towards it. There is little public appetite for their plans, and plenty of opposition. The Prime Minister’s plans are not that new. Let us remember that it is more than a decade since he set up a panel of legal experts to draw up a British Bill of Rights to replace the Human Rights Act. He has been utterly unable to sell these plans 10 years on, despite being in power for more than half that time. Rather than admit defeat and allow these plans to die a dignified death, he insists on keeping them on life support. His pig-headedness is becoming a source of huge embarrassment, again.

The existing legislation is a very modern Bill of Rights. It protects sovereignty and safeguards the rights and freedoms across all our nations. It underpins the Good Friday agreement, and the Government’s plans could be a breach of that monumental and hard-won concord. Indeed, if the Government press ahead with their plans, they risk eliciting a constitutional crisis. It is time the Government stopped fluffing this issue. They should either kill the Bill or introduce concrete plans.

The Government must disclose details and a timetable for the consultation on the British Bill of Rights. The consultation needs to be far-reaching. Although downplayed by the Government, this will mean a fundamental change in the rights of all British citizens. Any consultation held must engage civic society. In that regard, the Government could learn from the inclusive manner with which Scottish parliamentary consultation is carried out. Views from the public are actively sought, with consultations well advertised, utilising social media channels, as well as conventional ones.

Of course, if the Government want to kick their plans into the long grass again this year, there will be no complaints from me. I only ask that they kick them hard enough to ensure that they are unable ever to find them again.