Human Rights Act

Debate between Sadiq Khan and Jeremy Corbyn

Tuesday 30th June 2015 Westminster Hall

[Jeremy Corbyn]

That is an interesting point, but I am not sure the hon. Gentleman is correct. My right hon. Friend the Member for Tooting (Sadiq Khan) is about to correct me to correct him.

[Sadiq Khan (Tooting) (Lab)]

To clarify the apparent misunderstanding among Government Members, section 2 of the Human Rights Act is quite clear. The former Attorney General, the right hon. and learned Member for Beaconsfield (Mr Grieve), was careful to remind the House of the careful steps that the Government went through before 2000. Section 2 says that UK courts and tribunals should take account of Strasbourg case law. It is not that they have to do so; it is possible for a UK court to consider and then ignore the jurisprudence. The understanding is that it is about taking account of, rather than blindly following the jurisprudence.

[Jeremy Corbyn]

It says “take into account”, and that is what it means. In forming the judgment, the court “must take into account” the convention. The court might decide—it sometimes does—

--- Later in debate ---

[Jeremy Corbyn]

Thank you, Mr Betts. May we get back to the question of the Human Rights Act and what it says? It incorporates the convention into British law and requires courts to take account of the contents of the convention and the rights within it. The Conservative party’s love affair with the tabloids before the last election was all about walking away from this controversial thing because it interfered with British law. Interestingly, the Government, in the person of the Foreign Secretary, now say that we will not leave the convention, but that we might not operate within the purview of the European Court of Human Rights in the future. I am not sure how those two things can be put together. The Foreign Secretary said he will restore rights to British courts, but the rights of British courts have never actually been taken away; they have been asked to take into account an important convention.

The politics are simple. If Britain withdraws from the European convention on human rights and sets up a British Bill of Rights that is outwith that convention and may have all kinds of things within it—good, bad, indifferent, appalling or wonderful—it sends a message to every other country in Europe. Those countries thinking about withdrawing from the European convention because they have been criticised for their treatment of Travellers, for their treatment of gay, lesbian or transgender people, for suppressing popular protest or for closing down internet sites and suppressing newspapers would be a little bit happier if one country withdrew. If Britain—one of the original authors of the document—withdraws, I suspect that many others will withdraw, and the human rights of the whole continent will be significantly damaged as a result. I urge the Government to think carefully about this issue before they go any further.

The Prime Minister was quick to quote Magna Carta, but then bizarrely went to Runnymede to make a speech saying, in a sense, that he would ignore Magna Carta and withdraw from the European convention. He did not seem to realise that most of Magna Carta has been overturned by subsequent legislation anyway, and I think it is only the section on the right to trial by jury that remains. There was also a fundamental misunderstanding about Magna Carta defending the rights of free people. Unfortunately, the statutes of the time defined free people as those who had been given their freedom by the King. The vast majority of the population—the peasantry—was not given any rights at all.

In St Stephen’s, there is a wonderful painting of King John reluctantly putting his seal to Magna Carta. All the barons are saying, “Do it,” but a peasant is lying on the ground saying, “There is nothing in this for me. This is between the barons and the King.” The principles set out in Magna Carta—I would urge people to visit the Magna Carta exhibition at the British Library—descended through the law in many other ways, on the basis that irrational Government should be held to account for what they do and that everybody should be given rights to stand up for what they believe in, with the rest of society being required to allow them to do so.

I do not know what will be in this British Bill of Rights, if it comes about, but I am pretty horrified by the mood music surrounding it, which is about damaging our civil liberties and rights.

[Sadiq Khan]

Does my hon. Friend agree that, just as judges often made decisions that did not please all the tabloid media before the Human Rights Act was passed, it is possible that judges will make decisions that some newspapers do not find to their liking even after a Conservative Bill of Rights has been introduced?

[Jeremy Corbyn]

It is part of the balance in our constitutional process that Parliament is independent of the Executive and that the judiciary is independent of Parliament. Sometimes, the judiciary makes perverse decisions, and sometimes its decisions upset Ministers and lots of other people. That is the point of having an independent judicial system and of referring to the basic principles in the European convention on human rights—the right to assembly, the right to free speech, the right to know and the right not to be discriminated against.

I urge the Government not to go down this road, but to accept that the contribution made in the aftermath of the horrors of the second world war by the European convention on human rights and the wonderful document that is the universal declaration of human rights, with the work that Eleanor Roosevelt put into it, is part of a narrative of giving rights to everybody around the world, whatever their station. If this country, which prides itself on being the longest continuous democracy and having the longest lasting parliamentary system of government and judicial system, walks away from the European convention, every dictator and every person who is annoyed by international conventions will be a bit happier, and it will be a sad day for those who are standing up bravely for human rights against the most oppressive regimes in the world. Please don’t do it!

Justice and Security Bill [Lords]

Debate between Sadiq Khan and Jeremy Corbyn

Tuesday 18th December 2012 Commons Chamber

[Sadiq Khan (Tooting) (Lab)]

The Minister without Portfolio has spoken for exactly one hour. Everyone will be pleased to know that my contribution will be far shorter.

Before us is a Bill that is less bad than when the Government first published it. It is less bad because of the changes made to it by colleagues in the other place, which have started to restore some equilibrium in the great balancing act that we face between our nation’s security and the rights of individuals up and down the country. I want to make it clear, up front and in very simple terms, that Labour Members fully recognise the very important issues that the Government are seeking to grapple with in this Bill. The Minister called for a serious debate, and I hope that we get one this afternoon and in Committee.

Our intelligence agencies do untold amounts of good work in keeping the citizens of this country safe. I should like again to put on record our appreciation of this role. Our intelligence agencies are fighting to defend our democratic values, so it is only right that those same agencies should be subjected to those same democratic values, which include judicial and parliamentary scrutiny. That is why part 1 is so important. It outlines attempts progressively to reform the work of the Intelligence and Security Committee, giving it a formal statutory footing with improvements in how the membership and Chair are chosen. I agree with what the Minister said about this, and my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) will say more on that at the conclusion of the debate.

The issue in part 2 is one of allowing justice to take its course, with those on the end of alleged true abuses of power and indiscretions allowed to seek full and proper recourse, and with the Government also in a position whereby they can defend themselves. I intend to focus my remarks on this part, especially given the changes made by colleagues in the other place. The Minister informed the House that he will accept some of them, albeit not yet all of them.

The marriage of justice and security in the Bill’s title hints at the difficult but not impossible balancing act that is required. It is simply wrong to argue that the achievement of one is to the detriment of the other. Those who take this view are failing to show sufficient respect for the nature of the issues. Openness and transparency of justice is a hugely important principle. Any deviation from this hundreds-of-years-long tradition should be considered only in the most extreme of circumstances and must be accompanied by transparent checks and balances. The Bill, as first published by the Government, failed in that respect.

At this point, I must turn my attention to the role of the Minister without Portfolio, who kept hold of the responsibility for this Bill after the reshuffle. The House will know that I have a huge amount of respect for him, and—dare I say it?—affection as well. He is a national treasure. It is worth considering the suspicion that many felt as to why the Prime Minister decided that he should retain control of the Bill. It is hard not to conclude that it was for his “liberal credentials”. The suspicion was that the Prime Minister thought that the right hon. and learned Gentleman would make a better sell of the proposals on secret courts than his successor as Lord Chancellor, the right hon. Member for Epsom and Ewell (Chris Grayling), who does not have quite the same “liberal credentials.”

That may well be the case. In any event, I am afraid that the Minister has made a hash of the Bill up until now. He has rushed headlong into legislation, despite guarantees to the contrary. He has failed to listen to the concerns of a very wide range of groups and experts. He has criticised those who have genuine concerns, as he did again today, building up straw men only to knock them down. I am afraid that on some occasions he has given the impression that he has failed to understand the details of his own Bill. I do not know about pushing at an open door, but he has now been on the receiving end of three humiliating defeats in the House of Lords and forced to concede further changes or face the prospect of even more defeats.

Part 2 includes clauses 6 to 13 on the introduction of closed material proceedings, or CMPs, into our civil justice system. CMPs will allow the Government to hold in secret parts of court hearings in which an individual is seeking recourse through our civil courts. These are civil actions for damages for claims ranging from allegations of rendition to allegations of complicity in torture and the most serious forms of tort there are.

[Jeremy Corbyn]

Will my right hon. Friend give way?

[Sadiq Khan]

Just this once. I want to make progress because many other Members want to get in.

[Jeremy Corbyn]

My right hon. Friend will be well aware that in cases of allegations of torture and extraordinary rendition it has been the devil’s own job to get any information, transparency or accountability, and this has gone on for a very long time. Does he not think that this Bill misses an opportunity to lift the cover on the whole miserable period since 2001 when we have had extraordinary rendition and Guantanamo Bay?