Oral Answers to Questions

Wendy Chamberlain Excerpts

Tuesday 22nd March 2022 Commons Chamber

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

21. What recent discussions he has had with Cabinet colleagues on reforming the human rights framework.

[Wendy Chamberlain (North East Fife) (LD)]

22. What assessment he has made of the implications for his policies of the independent Human Rights Act review published in December 2021.

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

The Government were elected on a manifesto commitment to replace the Human Rights Act 1998, and we have launched a consultation on a UK-wide Bill of Rights. We intend to bring forward legislation in the next Session.

--- Later in debate ---

[Dominic Raab]

Although I disagree with the hon. Gentleman, I pay respect to the way he has introduced this question. There is a school of thought—I have been up to Edinburgh and discussed this with the Scottish Government—that we should expand a wider range of policy issues, social and economic, and environmental goals, and turn them into judicially enforceable rights. Many of those areas involve collective issues that require finely balanced judgment calls and often require public finances to be allocated in a very sensitive way, and I think they should be decided by hon. Members in all parts of this House, accountable to the British people, not lawyers in a courtroom.

[Wendy Chamberlain]

It is agreed by legal experts in areas ranging from local government to the House of Lords that the HRA is a delicate and well-tuned piece of legislation, and the organisation Lawyers in Local Government said in its response to the independent HRA review that the Government’s proposals not only risk reducing the accountability of public authorities and undermining the rules but will concretely cause further delay in reaching decisions on social housing, which is worse for all our constituents and for councils. This is not about ideology but about real-world outcomes. The HRA is working well, so will the Government accept that plans to scrap it are counterproductive?

[Dominic Raab]

I am afraid that I will not, and I respectfully disagree. I will side with the local authorities of whatever political colour or composition who are trying to serve their constituents. They of course need to be held to the rule of law and be accountable, but I am not on the side of the lawyers suing local authorities.