Human Rights Legislation

Steve Reed Excerpts

Tuesday 14th December 2021 Commons Chamber

[Steve Reed (Croydon North) (Lab/Co-op)]

I am grateful to the Secretary of State for advance sight of his statement, but the truth is that this country’s criminal justice system is in crisis. There are record backlogs and delays in the Crown courts, drug use by prisoners is out of control, and just 0.6% of rape cases reported by women and girls ever result in a charge. If the Secretary of State really wanted to restore confidence in the system, his priority would be sorting that out, but he is choosing to fiddle with the Human Rights Act instead of stretching every muscle and sinew to make sure that rapists and violent offenders are banged up behind bars where they belong.

Every time the Government are in trouble politically, they wheel out reforming the Human Rights Act. It is a dead cat distraction tactic by a Government who do not know how to fix the criminal justice system that they have broken and are desperate to divert attention from the corruption scandals that they started. This is little more than an attempt to wage culture wars because they have surrendered in the war on crime and corruption.

The Secretary of State says that he will restore the role of Parliament and the UK courts in interpreting rulings from Strasbourg, but they already have those powers under the margin of appreciation that gives national courts freedom to implement convention rights on the basis of local laws and custom, so he is offering nothing new. He is telling us today that it is not necessary to leave the ECHR to deport foreign criminals, so why have his Government done nothing about that in their past 11 years in office? A quarter fewer foreign criminals have been deported in the last year than in the previous year, so it is clearly not the Human Rights Act that is preventing foreign criminals from being deported; it is this incompetent Conservative Government.

The Secretary of State has become so overexcited by his empty rhetoric that he has missed warnings from senior figures in the intelligence services telling him that his reforms could actually make it harder to deport foreign criminals, including terrorists. They warn that, if the Government go too far in raising the evidence threshold a person must prove to claim that deportation would disrupt their family life, that could affect the ability of MI5 and MI6 to provide evidence in secret to the relevant courts and lead to more cases going directly to the European Court, where evidence cannot be submitted in secret. Perhaps this is the level of detail that we should expect from a Secretary of State who does not know that the police can investigate crimes a year after they are committed—even in Downing Street—but is he really prepared to stand by as cases collapse and terrorists walk free?

These proposals are all mouth and no trousers. They do nothing to deal with the severe failings in the criminal justice system, they repatriate no powers that are not already based here, and, astoundingly, they actually threaten to make it harder to deport the most dangerous foreign criminals, including terrorists. Labour will always defend the human rights of the British people to live in freedom, safety and security, but we face a Conservative Government who are high on tax, soft on crime and desperate to distract from their political failings. If the Secretary of State really wants to restore trust in the criminal justice system, his priority should be to fix it and bring wrongdoers more swiftly to justice. If he is prepared to ditch the empty rhetoric and political posturing, I will offer him my party’s full support in doing that.

[Dominic Raab]

I thank the hon. Gentleman for his response. I read his remarks, which were quoted in the early hours of this morning, before we had published our consultation and hence before he had read the proposals in it. He accused me of merely tinkering with human rights and, in the next sentence, of ripping human rights to shreds. That is an impressive feat of flip-floppng in a single press statement, but I think it highlights the fact that the Labour party, or at least its current Front Bench, has absolutely nothing to say about this issue.

The hon. Gentleman talked about rape. We have published scorecards and in the new year we will publish local scorecards, which will highlight various points where the challenge is so we can tackle it. We have published a consultation on a victims’ law. We are rolling out section 28 of the Youth Justice and Criminal Evidence Act 1999 to allow pre-recorded evidence from rape victims, and Operation Soteria is being piloted to bring about a better approach on the part of police and prosecutors. In fact, we are doing all the things that the hon. Gentleman mentioned. If he wants to be tough on criminals, as he claims, he should have supported our Police, Crime, Sentencing and Courts Bill. If he wants to come down hard on drug dealers and serious offenders whom we should remove from this country, he should back our proposals to allow them to be deported.

The hon. Gentleman asked about security, and seemed to warp even the ludicrous reports about it that have appeared in the papers. Let me be absolutely clear: the reforms that we propose would strengthen our ability to deport foreign national offenders, and the reason we have faced a challenge is Labour’s Human Rights Act. If he looks at the data—if he is remotely interested in the facts—he will see that. We are not talking about deporting someone back into the arms of a torturing tyrant. I would not support that, and my party and this Government would not support it. We are not talking about article 3, but we are talking about article 8 and the right to family life, which makes up 70% of all successful human rights challenges. Let me quote to him what the architect of the Human Rights Act, Jack Straw, said:

“There is a sense that”

the Human Rights Act has become

“a villains charter”.

I have not used language like that. There is a sense and a genuine concern that terrorists are not being deported and that criminals are benefiting—that was from Labour’s own architect of the Human Rights Act.

The hon. Gentleman went on to criticise the approach we take to the Strasbourg Court. Let me read to him from one of the premium textbooks on the subject. The author said that the Strasbourg Court is primarily concerned with supervision and its role is subsidiary to that of the domestic authority. That author stated that it

“has no role unless the domestic system for protecting human rights breaks down”.

I agree with that, but it is not what we have in the Human Rights Act. That quote actually comes from the leader of the Labour party, in his seminal textbook on the subject back in 1999. I have to say to the hon. Gentleman that Captain Hindsight rarely makes predictions for the future, but on this occasion he did and he was proved right, and that is exactly what our proposals for reform will deliver.