Human Rights Act 1998 (Repeal and Substitution) Bill

Thérèse Coffey Excerpts

Friday 1st March 2013 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

I beg to move, That the Bill be now read a Second time.

I have brought the Bill to the House today because human rights are important. Human rights matter, but they are in crisis today, with a substantial majority of the British people regarding human rights as a charter for criminals and the undeserving. A new settlement is needed to restore trust and confidence in human rights—a settlement that works for Britain.

Before 1998, the United Kingdom had a home-grown human rights settlement that worked well. It had been built up over centuries, and it was accepted and even respected by the British people. In 1998, the Human Rights Act brought the European convention on human rights directly into British law, along with the European Court of Human Rights’ body of case law. That change has, without doubt, transformed human rights in the UK in ways that are wholeheartedly rejected by the British people.

It is not difficult to see why there is so much public concern. We see many cases reported in our newspapers day after day, week after week, that give us a sense that a great injustice has happened and that the balance is not right. I will give the House some examples. An alleged Rwandan war criminal, suspected of committing crimes in the 1994 Rwandan genocide, could not be deported because he could not get a fair trial in Rwanda to answer for his crimes. Today, he is to be found driving a taxi around Essex. I do not think that that strikes the right balance, and I think that most people would agree with me.

A Honduran man could not be deported to answer charges of murder because of the family life that he had established in the UK since he arrived here after escaping from custody in Honduras. He killed someone, then came here and established a family, and was able to use that family as a shield against facing justice for the crimes that he is alleged to have committed.

A failed asylum seeker could not be removed from the UK even though he had committed a string of criminal offences, including a hit-and-run incident in which he killed 12-year-old Amy Houston, because of the family life that he had established in this country illegally. I am sure that it strikes us all as odd, if not thoroughly wrong, that someone can deny family life to another yet have their own family life protected.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I strongly agree with my hon. Friend. What would he say to people who are very concerned about supposed family life being used as an excuse? If a family is together, does it matter where in the world they live? Perhaps the wife or husband and children should move back to their own country. That view is often put forward; what would my hon. Friend say about that?

[Charlie Elphicke]

That is a fair point. I think we need to look at the individuals asserting a right. They might say “I have established a family; I have a right to family life” and we say, “Yes, family life is important and it does matter”. In view of the fact that someone else’s family life has been taken away, however, how could anyone stand on that right? How can that be right? A key part of my Bill is that anyone who asserts a right cannot just stand on that right and say “That’s my right”. The courts need to look at the wider circumstances of the case, including at the person’s conduct, to establish whether they come to justice, as it were, with clean hands themselves. Their own conduct should be examined and taken into account. We need to assess whether it is in the interests of justice in the round for those people to be able to assert that right.