(7 years, 1 month ago)
Commons ChamberThe United Kingdom has a long tradition of ensuring that rights and liberties are protected domestically, and of fulfilling its international human rights obligations. The decision to leave the European Union does not change this.
No. The reason is that the charter of fundamental rights, as the Labour Government indicated at the time, does not create any new rights. It incorporates rights that are already part of European Union law, and the Government’s intention is to translate those substantive rights into domestic law by the operation of the withdrawal Act. We do not intend to incorporate the charter of fundamental rights into domestic law.
How will leaving the European Union protect and enhance our rights, under the European convention on human rights, to free and fair elections of the legislature? Given that the vast majority of legislators in this country are not elected—they are Members of the House of Lords—are the Government confident that they will be complying with their ECHR obligations both before and after Brexit?
Yes, we are confident that we are compliant with our ECHR obligations. The hon. Gentleman enables me to point out that, as he knows, our ECHR obligations will remain after we have left the European Union.
(8 years, 8 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I understand my hon. Friend’s position very clearly. He is right, of course, that that record of protection of, and respect for, human rights, and indeed of fighting on behalf of those whose human rights may be being infringed, is a proud and long-standing one. That will not change.
Article 3 of protocol 1 of the ECHR 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.”
Given that the majority of legislators in this country are unelected—that is, the Members of the House of Lords—is the Attorney General satisfied that the UK Government actually comply with that protocol, or is that another reason why they want to withdraw?
The hon. Gentleman tempts me to give some legal advice in the Chamber, which I must not do. I am grateful to him, however, as what he has just read out is the part of the convention relied upon by the Strasbourg Court to suggest that prisoners should have the vote. I did not detect any reference to prisoners’ having the vote anywhere in the text that he just read. I maintain the view that that is for this Parliament to decide.