Oral Answers to Questions

Debate between Paul Blomfield and Alex Chalk

Tuesday 29th June 2021 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

What recent assessment he has made of the effectiveness of legislation in protecting victims from image-based abuse.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

We recognise and share public concern over abuses of new technology to harm victims, and we are taking action. Today, new provisions on threatening to share private sexual images come into force, and we are going further. We have asked the Law Commission to review the law on image abuse to ensure that victims are properly protected. The commission will publish recommendations in spring next year, and we will consider them very carefully.

[Paul Blomfield [V]]

My constituent Helen Mort had the appalling experience of finding out that someone unknown to her had taken ordinary images from her social media and superimposed them on violent and extreme pornography. These were not intimate images, but they were used to create deepfakes. When she went to the police, she was told that there was no crime to investigate as the original images were not private. The Law Commission’s review, to which the Minister refers, proposes extending the criminalisation of sharing intimate images to include deepfakes. Will the Minister ensure that the Government respond positively and quickly to those proposals so that people like Helen are protected in the future?

[Alex Chalk]

I am very grateful to the hon. Gentleman for raising that harrowing case. He is absolutely right to do so. We recognise that the law needs to keep pace with those who would use technology to perpetrate dreadful abuse. We have asked the Law Commission to act, as he indicated. It is doing so at pace, and we will be looking very carefully with a view to extending the law where it is appropriate to do so.

European Union (Withdrawal) Bill

Debate between Paul Blomfield and Alex Chalk

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Paul Blomfield]

I was not about to go on to that, but clearly I am now. The hon. Gentleman knows that the charter was not binding when it was first adopted in 2000. It was made legally binding by the Lisbon treaty of 2007, which entered into force in 2009. It has, as the right hon. and learned Member for Beaconsfield pointed out, increased in significance, and the rights that it contains have become more visible and correspondingly more effective. Labour supported the charter then, and we support it now, because it has enhanced and improved European human rights protection, and by doing so it has significantly developed the quality of human rights protection in the UK. The wider point that the hon. Member for Stone (Sir William Cash) makes is not relevant to the issue under discussion.

[Alex Chalk (Cheltenham) (Con)]

The charter applies only when national authorities are implementing EU law. Does the hon. Gentleman not agree that if it is retained, it risks creating a confusing inconsistency by giving citizens powerful rights to strike down some pieces of legislation, but not others? Is it not a case of doing either the whole thing, or nothing at all?

[Paul Blomfield]

I will come on to this point, but the charter is key to ensuring that retained law is treated properly and that the same rights of enforcement continue in the future. Without the charter, those rights are significantly diminished and access to them is diminished.

Let me proceed with the point I was making about how the charter goes wider than the Human Rights Act and the European convention on human rights, which I hope I am right in saying the Government accept. As other Members have already pointed out, it was the Secretary of State for Exiting the European Union who relied on the charter in the case he brought before the High Court in 2015, against the then Home Secretary and now Prime Minister, when he was worried that the Data Retention and Investigatory Powers Act 2014 would impact on MPs’ ability to communicate with constituents confidentially. He cited the charter, and his lawyers argued that it went beyond the European convention on human rights and granted further protection. He relied on the charter precisely because it provided greater human rights protection than was provided for by UK law and even by the case law of the European Court of Human Rights.

Despite this, the Government have not indicated which decisions of the Court of Justice of the European Union under the charter they disagree with. Moreover, the explanatory notes to the European Union (Withdrawal) Bill justify the decision to exclude the charter from retained EU law by saying:

“The Charter did not create new rights, but rather codified rights and principles which already existed in EU law. By converting the EU acquis into UK law, those underlying rights and principles will also be converted into UK law, as provided for in this Bill.”

If that were the case, it would be fine, but it is clearly not the case.

Drawing on existing rights, the charter set out a new framework for human rights protection under EU law. The rights contained in the charter may have existed in EU law for decades—the Government are relying on that point—but that is not enough. The whole point of the charter was that nobody could verify those rights or their sources, and as the lawyers among us will know, identifying the source of a right is imperative in securing effective recourse. In his speech, will the Minister therefore clarify whether the Government have succeeded, where others have not, in comprehensively identifying every single source of these rights? If not, how do they plan to uphold the same level of protections for these rights once we have left the European Union, because a right without effective recourse is rendered effectively meaningless?

By compiling and codifying these rights in a single document, the charter in effect created new rights and certainly created new protections. In short, the charter is the most effective key to unlocking vital rights, and to fail to transpose it and make it operable in UK law is to lock away those rights and deny UK citizens the key to accessing them.

On the data protection point on which the Secretary of State relied—my right hon. Friend the Member for East Ham (Stephen Timms) raises it in his amendment 151, which we support—the right to data protection exists in various documents, such as directives and regulations, but it was only by virtue of the charter creating the expressed right to data protection in article 8 that we were given the right to be forgotten.

The rights extended by the charter are not only data protection rights. Such rights start in article 1, which includes the right to human dignity. This does not exist as an enforceable right in common law or statute law applicable to retained law post-Brexit. Will the Minister, when he responds, explain how this right will be enforced after exit day if the charter is not retained?