Oral Answers to Questions

Stuart C McDonald Excerpts

Tuesday 8th February 2022 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

5. What steps he is taking in response to the publication of the Independent Human Rights Act Review published by his Department in December 2021.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

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

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

Under this Prime Minister and this Government, before the next election, we will replace the Human Rights Act 1998 with a Bill of Rights to end the abuse of the framework and the system by dangerous criminals and to restore some common sense.

--- Later in debate ---

[Dominic Raab]

We have been around this house a few times. It is precisely because our reforms through a Bill of Rights can make a substantial difference by injecting some common sense without leaving the European convention that we will proceed. I will give one example. I visited HMP Frankland in Durham. It is a high-security category A prison. One of the challenges in dealing with terrorist offenders, particularly those who could infect the minds of others, is the issue of separation centres. We are increasingly seeing litigation claims claiming article 8 as a right to socialise getting in our way. That is a good example for the common-sense approach and the balance we want to have. I am very surprised that the right hon. Gentleman is opposed to it.

[Stuart C. McDonald]

The position is that the Government commissioned an independent review, did not like the conclusions and so have simply just ditched them. Why should anyone have any faith that the Government will listen to their consultation responses if they are so hellbent on pursuing what Sir Geoffrey Bindman QC has labelled an

“indefensible…inward-looking and cowardly”

retreat from human rights?

[Dominic Raab]

I am very grateful for the independent Human Rights Act review. We looked very carefully at all the recommendations, some of which we take on board and for others we are going to innovate in different areas. I will give one example. I suspect the hon. Gentleman’s constituents would want us to reform the system to stop foreign national offenders, whether they are living in Scotland or any other part of the UK, from frustrating deportation orders on the most flimsy, elastic grounds created by article 8. That is something we will do, and I think he should support it.