Human Rights Legislation Reform

Debate between Scott Benton and Andy Slaughter

Monday 24th October 2022 Westminster Hall

[Scott Benton]

The hon. Lady will be aware that the Government are actively considering that. To be entirely honest, I wish the Government had moved ahead on the issue at different points over the past 12 months, but we have had consultations and things that rightly need to be considered in the round. Today we have a new Prime Minister. It will be up to him and his team to set out the new direction forward. I am sure those comments will be reported back to the Department by the Minister. The overreaching ECHR is tipping the balance away from national security and effective border controls in favour of serious criminals and terrorists who are abusing the legislation to avoid deportation. Various ECHR articles have been expanded beyond their original intention. What most frustrates me and the residents of Blackpool is the expansion of article 8 on the right to respect for private and family life, which serious criminals are using to make mockery of our broken asylum system.

In 2020, the Strasbourg court made the controversial decision to allow a Nigerian national who was sentenced to four years in prison for drug offences and had a conviction for battery to remain in the UK on health grounds. That has set the dangerous precedent that if the state wishes to deport an individual, it must be able to show that, when compared with the NHS, the healthcare to which the individual would be entitled in their own country would not significantly impact on their life chances. That is obviously an unrealistically high bar to meet.

In a second case, another convicted drug dealer used article 8 on the right to family life despite assaulting his partner and making no child maintenance contributions whatsoever—what complete and utter irony! The absurd list goes on and on. More than 70% of successful deportation appeals are now based solely on article 8.

[Andy Slaughter (Hammersmith) (Lab)]

I am a little confused by the hon. Gentleman’s speech, and I wonder whether the 230,000 who have signed the petition would think that they were listening to the right debate. I thought he said that he wishes to remain in the ambit of the European convention on human rights, and therefore of the Court—I think that that is Government policy as of last week—but he now seems to be arguing against that. Where exactly does he stand?

[Scott Benton]

I am far from a legal expert, but there is a middle way between protecting people’s fundamental human rights and continuing to enshrine the ECHR in British law, and ensuring that the Government have wiggle room so that serious foreign national offenders can be deported and our asylum system is not overtly abused. Of course, that is the subject of the Government’s ongoing consultation. I look forward to the Government, and far more experienced legal minds than me, finding a way through that minefield.

We cannot fix a broken asylum system until we reform the Human Rights Act. Someone who wants to claim asylum should go through the correct procedure, under which the UK has a number of safe and legal routes. However, 28,000 people illegally crossed the channel in small boats last year, and 75% of them were men between the ages of 18 and 39. Although asylum claims should be processed within six months, many claimants do not hear back within that time, and the appeals process can take many years. Frankly, the residents of my Blackpool constituency are fed up of seeing the asylum system being abused and of the time it takes to deport those who come here, which lengthens year after year.

Simplifying the system, ensuring that claimants demonstrate that they have been materially disadvantaged before they can make a claim and strengthening the emphasis on societal impacts such as criminal behaviour will help to protect our national security and save the taxpayers’ money that is spent in the courts system and on costs associated with accommodating and supporting asylum seekers who have pending applications.

The Human Rights Act received Royal Assent in 1998 and came into force in 2000. Tony Blair’s aim was to incorporate into UK law the rights contained in the ECHR, which took effect in 1953, but after such a long time, the Human Rights Act could not have foreseen the incredibly complex challenges that we face today. It is absolutely right that the Government review that Act with a focus on the modern era, while reinforcing the primacy of UK law and protecting the fundamental freedoms that we all enjoy.