Human Rights (Joint Committee) Debate

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Department: Leader of the House

Human Rights (Joint Committee)

Patrick Grady Excerpts
Wednesday 21st October 2015

(8 years, 6 months ago)

Commons Chamber
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Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
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I wish to state how important this Committee is. At a time when this Government are thinking of reviewing the Human Rights Act 1998 as early as November, with no Green Paper or White Paper, the imperative must be to set up this Committee to examine the matter of human rights and the most fundamental Act protecting humans and their rights in this country and in Europe. This is a crucial time for the House to have a Select Committee on a major constitutional issue. If there are changes to be made to its make-up further down the line, so be it, but there should be no delay in establishing this very important Select Committee.

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Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
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I hope that when the Joint Committee on Human Rights does finally meet it will consider the European convention on human rights, protocol 1, article 3, which states:

“The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.”

Of course, the vast majority of legislators in this country—in this Parliament—are unelected; they are up the corridor in the House of Lords. It is therefore a complete disgrace and a total irony that the third largest party in this House is not to be represented on the Joint Committee on Human Rights. One day, a Government of this country are going to find themselves in the High Court or the Supreme Court across the road with democratic citizens rightly challenging the fact that they are not allowed to vote for the largest number of legislators in this Parliament. It is a total and utter democratic outrage.

Mike Weir Portrait Mike Weir
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Does my hon. Friend not agree that it is even worse than that because, again, this Government have suggested that they will appoint a huge number of new peers to make sure they get their legislation through?

Patrick Grady Portrait Patrick Grady
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I totally agree with my hon. Friend. We heard the hon. Member for Gainsborough (Sir Edward Leigh) making a point of order earlier in the day about precisely that matter: that the House of Lords might choose to undermine or vote against the current Government’s policy. I do not know whether it was him or someone else, but it was suggested that the solution to that, rather than abolishing the House of Lords or electing Members of the House of Lords and giving it a mandate, was simply to create yet more peers to outnumber us even more. I am sure the irony was not lost on those of us who were sitting in the Royal Gallery yesterday: the question of where elected mandates come from.

As my colleagues have stated, the human rights framework is at the core of the Scotland Act 1998 and it is fundamental to the new democracy that exists north of the border. Given that the Government seem determined to undermine the Human Rights Act here in this Parliament, it is even more concerning that we are not being given a voice on the Joint Committee—they are refusing to give a voice to the third party. We have a democratic right, as democratically elected Members of this House, and a duty to look out for the human rights of our constituents. Tomorrow, the Government are going to force through Standing Orders that will further undermine our rights, and it raises the question: where is this respect agenda? Where is the respect for the decision that the people of Scotland made last year when they said to stay in the UK, for now.

Tommy Sheppard Portrait Tommy Sheppard
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Does my hon. Friend agree that another context to this debate is the recent discussion in Scotland? Scottish people who voted to remain part of the United Kingdom were given every assurance that Scotland would play a full role within that Union, but they now see not only no SNP representation, but no Scottish representation on this Joint Committee.

Patrick Grady Portrait Patrick Grady
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Absolutely. I completely agree with my hon. Friend. The Labour party could nominate its Member from Scotland for the Committee—perhaps even the Liberal Democrats could do so as well. The reality is that this matter is not simply about the third party, but about a complete lack of geographical representation, and the point that my hon. Friend makes is very well made.

If the Government are serious about the respect agenda and about respecting the decisions that have been made by the people in Scotland both in the referendum last year and in the election this year, I strongly encourage them to reconsider the decision that they are making tonight, to listen to the constructive suggestions that have been made and to bring this matter back when there is a decent proposal that represents and respects the views of the people of Scotland.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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This is a very important debate and it is good that we are having it. Human rights are incredibly important and this country led the world in 1950 in drawing up the European convention on human rights, which created the Council of Europe, and the Joint Committee on Human Rights is a direct child of that.

I hope the Government are listening, as some good points have been made. Those of us who take the Union very seriously want to ensure that the Scottish National party, as the properly elected representatives of the Scottish people—no one can deny that they are that—are given an absolute, complete and full role in our Parliament.

As I said earlier, I will take this matter back to the Procedure Committee. We should resolve it as quickly as possible. It has been a good debate and my personal view is that the SNP should be on this Committee. It would be very easy to resolve the issue. I do not want to repeat attacks on cronies and donors in the other place. I have never been a donor—I have no money—or a crony.

Patrick Grady Portrait Patrick Grady
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You will get there one day.

Edward Leigh Portrait Sir Edward Leigh
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I wish I was a donor and a crony, because it sounds like a rather nice place to be.

Seriously, it would very easy to increase the Committee’s membership. I do not think for one moment that anyone would mind that. Without reducing the excellent contribution of highly skilled lawyers in the other place—people who have tremendous knowledge of human rights legislation— it would be perfectly possible to increase the size of this Committee and have a full role for the SNP.

Finally, this whole human rights thing is so important that the Government must take it very seriously, particularly in the light of what they want to do with the Human Rights Act, which I fully support. They have to show that they take this matter seriously and that they want to get the Committee set up quickly, and, if I may crave your indulgence for one second, Mr Speaker, they must establish the delegation on the Council of Europe as quickly as possible, because otherwise we are in danger of losing the plot there as well. I am sure that the Government are listening—they are, after all, a listening Government—and that this debate has had some effect, and in that sense, it is all to the positive.