Oral Answers to Questions

Scott Benton Excerpts

Tuesday 9th November 2021 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

6. What discussions he has had with Cabinet colleagues on reforming the UK’s human rights framework.

[Scott Benton (Blackpool South) (Con)]

17. What plans his Department has to reform the Human Rights Act 1998.

[The Lord Chancellor and Secretary of State for Justice (Dominic Raab)]

Under this Prime Minister and before the next election, we will overhaul the Human Rights Act to end its abuse by dangerous criminals and to restore some common sense to our justice system.

--- Later in debate ---

[Dominic Raab]

As a trainee lawyer I worked at Liberty, and I have huge respect for the work that it does. In fact, back then I took a test case to the European Court of Human Rights in Strasbourg relating to gender discrimination. However, it is also right that we listen to the wider voices, and we have conducted the independent Human Rights Act review to consider all the issues from all the different angles. We are grateful to Sir Peter Gross for chairing that review and we will carefully consider its recommendations in the round.

[Scott Benton]

The Human Rights Act handed power to unelected judges, both at home and abroad, meaning that Britain remains tied to a foreign court. The creeping power of the courts is directly interfering with the Government’s ability to conduct their business, not least in preventing the Home Secretary from combating the unacceptable numbers of illegal immigrants crossing the channel. In the light of this, does my right hon. Friend agree with many residents of Blackpool in thinking that it is time we scrapped the Act altogether?

[Dominic Raab]

We will look at reforming and overhauling the Human Rights Act, and I think my hon. Friend raises a reasonable point. I support continued membership of the European convention on human rights, but a fair challenge has been raised by lawyers and judges past and present about the elasticity of rights and whether, when they are expanded, that decision ought to be taken by elected Members of this House and not by courts and lawyers. That is a fair challenge, and if hon. Members look fairly at the data from successful challenges on seeking the deportation of foreign national offenders, they will see that there is a good argument that there are too many cases of criminals being able to flout the system because of that elastic interpretation of rights.