Human Rights Legislation Reform

Steven Bonnar Excerpts

Monday 24th October 2022 Westminster Hall

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

It is a pleasure to see you in the Chair, Ms Fovargue. I commend the hon. Member for Blackpool South (Scott Benton) for moving the motion.

We have had a very good debate. It is clear that this issue is close to the hearts of many of our constituents across the four nations. We heard from my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), who is an authority on these matters. It is always worth noting all she has to say as the Chair of the Joint Committee on Human Rights.

We also heard from the hon. Member for Strangford (Jim Shannon); we are often on opposing sides in debates and Divisions in this place, but I fully agree with everything he has said today. I thank the hon. Member for Bromley and Chislehurst (Sir Robert Neill) and the hon. Member for Dagenham and Rainham (Jon Cruddas) for their excellent contributions. Of course, I also thank the hon. Member for Hammersmith (Andy Slaughter) for his interrupted contribution; I am glad to say that none of the points he was making was diluted—political bravado, indeed. I place on record my thanks to the public who have partaken in their democratic right and signed the e-petition, including 326 from my constituency of Coatbridge, Chryston and Bellshill.

I am grateful for the opportunity to speak on what can only be described as an unashamed attempted power grab by the Government, in the form of their proposed reform to the Human Rights Act. There is absolutely no justification for such reform at this time, other than this Government creating for themselves the potential to be above the law. Such is the UK Government’s desire to substantially harden an already hard Brexit that they are literally ripping out the final piece of European-related legislation that we have. It is not a piece of legislation that could, nor should, be changed lightly, if at all.

The Human Right Act aims to protect every individual across our society. We lose that at our peril. It is an essential law that has allowed us to challenge public authorities when they get things wrong. It has helped to secure justice on issues from the right to life to the right of freedom of speech. The Human Rights Act has changed many lives for the better; it must be protected and not subject to reform that reduces its scope or limits when people can rely on it. The reform is a threat to how and when we can challenge those in power; it will strip some people’s rights away and require people to have permission from a judge before they can take a state to court. The UK Government must respect the rule of law. Their changes will mean that future UK Governments, of all political leanings, will be beyond the reach of public accountability. Where is the democracy in that?

The utter contempt of the UK Tory Government for the upholding of human rights has been blatant; we see it in their attempts to send refugees, some of the most vulnerable people in our society, to Rwanda. Since that scheme was invented, public pressure and the protections in our legal system have meant that not one refugee has been sent on a plane. Ironically enough, we are on our third Home Secretary since then. I suppose that is not that surprising; we are also on our fourth Chancellor and third Prime Minister in that short space of time. The Government should focus on far more important things than tinkering with human rights legislation.

It was the words of that former Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), that I found most chilling—I alerted her to the fact that I would mention her. It was her “dream” to see planes of refugees sent to Rwanda. Of all the dreams to have! Surely the outcry at that statement proves that the Conservative party’s interpretation of human rights protections is starkly different from that of the wider public and Members from across this Chamber.

One of the most concerning elements of reform for my constituents in Coatbridge, Chryston and Bellshill is the implication for the integrity of the devolutionary settlement. We have heard from Members about the encroachments on that. The Scottish Government, along with other devolved Governments, have been abundantly clear that they do not support any such reforms, which would erode rights that years of devolution have achieved. A report published in July 2021 by the Joint Committee on Human Rights concluded,

“The Government should not pursue reform of the HRA without the consent of the Scottish Parliament”.

Well, that consent has not been given.

In their Bill of Rights, the Tories say they want to

“strengthen this country’s proud tradition of freedom, curtail abuses of the human rights system and reinforce the democratic prerogatives of elected Members in this House over the legislative process in respect of the expansion of human rights.”—[Official Report, 14 December 2021; Vol. 705, c. 913.]

It takes some serious neck from this Government to portray themselves as coming to the defence of judges, when they have been at constant war with them over the judgments they have given that the Government did not like. Tory proposals to uphold citizens’ rights simply do not equate with the reality of legislation passed under this UK Government, such as the Police, Crime, Sentencing and Courts Act 2022, the Judicial Review and Courts Act 2022, the Nationality and Borders Act 2022, the Elections Act 2022 and the Public Order Bill, all of which impede the rights of our citizens.

The UK Government must stop all attempts to rewrite the constitution and devolved settlements. Such practices cannot continue, and Scotland does not accept that manner of working. I implore the UK Government to stop all attempts to reform the Human Rights Act, and I fully support the aims of the petitioners.

--- Later in debate ---

[Gareth Johnson]

The Conservative party manifesto at the last general election made it clear that we wanted to review and update the Human Rights Act. We would still remain compliant with the European convention on human rights, whatever changes are made. It is purely to review and update the Act. The manifesto does not say that we wish to repeal and scrap the Human Rights Act.

[Steven Bonnar]

I thank the Minister for giving way; he is being very generous. He makes reference to manifesto pledges and his commitment to deliver on them. I wonder why it is only his Government who are allowed to deliver on their manifesto pledges. The Scottish Government have a clear manifesto pledge to deliver an independence referendum. Self-determination comes under human rights, and I wonder why he would like to deny that to the people of Scotland.

[Gareth Johnson]

That might take us down a rabbit hole that you, Ms Fovargue, might regard as being out of order. The hon. Gentleman will know that the Human Rights Act is not a devolved matter; it is retained by the UK Parliament to legislate on. Updating the Act to ensure that it serves its intended purpose and keeps up with the needs of a changing society is a crucial step towards doing just that, and the work to review how best to achieve that continues. I look forward to updating the House on that work in future. I reassure all hon. Members present that protecting the rights and freedoms currently enjoyed in this country will remain of the utmost importance throughout this process.