Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

William Bain Excerpts
Tuesday 13th September 2011

(12 years, 8 months ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Clarke
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My hon. Friend makes extremely sensible and welcome suggestions. We have not decided exactly what form the ban will take yet, so I will not predetermine its eventual form. As the professional bodies strongly support us, we look forward to their co-operation because they are in the best position of all to ensure that different types of abuse with the same bad consequences are not used to evade the ban.

William Bain Portrait Mr William Bain (Glasgow North East) (Lab)
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9. If he will make an assessment of the effectiveness of the Human Rights Act 1998 in respect of the balance between fundamental liberties and obligations to society.

Lord Clarke of Nottingham Portrait The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)
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We have established an independent commission to investigate the creation of a United Kingdom Bill of Rights. The commission is due to report no later than the end of next year and the Government look forward to receiving and considering its findings.

William Bain Portrait Mr Bain
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I am grateful for that answer. Does the Secretary of State support Liberty’s campaign, entitled “Common Values”, that seeks to separate the myths from the truths of the Human Rights Act, which has, for example, protected the victims of rape from being cross-examined in court by their assailants? Is this not the right way to tackle what the Prime Minister recently called the misrepresentation of human rights?

Lord Clarke of Nottingham Portrait Mr Clarke
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The best way to answer that is to say that I agree with the campaign, with the hon. Gentleman and with the Prime Minister. A perfectly serious debate has taken place about human rights legislation and I look forward to the commission’s advice. A lot of the difficulty comes when human rights are invoked by officials in excuse for bad decisions or in all kinds of cases that have nothing to do with any human rights legislation. We would have an altogether more sensible debate if people understood the real problems and difficulties—and that they are not all problems and difficulties.