Human Rights Legislation Reform

Debate between Yvonne Fovargue and Andy Slaughter

Monday 24th October 2022 Westminster Hall

[Yvonne Fovargue (in the Chair)]

The debate may now continue until 7.53 pm. I call Andy Slaughter.

[Andy Slaughter]

Thank you, Ms Fovargue. That welcome respite from my speech gives me a hint not to go on too long.

Before we were interrupted by the bell, I was saying that reforming human rights legislation should not be a priority for the Government. Having had time to study his brief, the Minister knows—perhaps he will even still be in post tomorrow; who knows?—that the criminal and civil courts face some of their worst backlogs. There is a real crisis of confidence in the justice system. There is also real crisis in accessing justice, and particularly in legal aid, as the Government concede to some extent in the reviews they have undertaken—or, in the case of the civil legal aid review, are undertaking. There is more than enough for the Minister and his colleagues to do without looking for work and interfering with legislation that is working well.

In a way, the Government are in a favourable position. They have an excuse to move on and quietly forget the bee in the bonnet of the right hon. Member for Esher and Walton. If they wish to follow the lead of the Chair of the Justice Committee and look at the matter again, they have a really fine report by Sir Peter Gross and his colleagues. They do not really need to go any further than that. I will not go through this in depth—I do not see any point in doing so until we know what the Government are bringing forward—but it made me weep to see the way that the Human Rights Act was being misconstrued, whether in relation to parliamentary sovereignty or in relation to the margin of appreciation. The proposed reforms, particularly to sections 2 and 3 of the Act, really distorted both the purpose and the effect of the Act.

Constitutional legislation is a very difficult thing to get right, but the Act was thought to be a success, and it effectively made the conduct of justice easy, because it brought human rights down to domestic level. It gave direct access to the UK courts, and it meant that justice was obtainable at lower cost, more speedily and in a more relevant way. The Government have said they will not take us out of the European convention on human rights, and that we will still be subject to the judgments of the European Court, so the only change will be that it the process will be much more protracted. How can that be in the interests of justice, or the interests of the citizen?

As my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) said, this is not about lawyers or high-falutin’ principles; it is about the ability of citizens to challenge the state and institutions on important areas of law, and regarding decisions that fundamentally affect their everyday lives, when they get things wrong. What is obnoxious about that? That is the role that the Human Rights Act performed; that is the role it continues to perform, with or without the sort of amendments that we have talked about today. To repeal it, as an act of political bravado, is simply irresponsible and I urge the Minister away from that course.

I like to think that we will hear a little bit more from the Minister. I am not hopeful because the Secretary of State has already said that he will take his time, but I hope that we will hear at least a little bit about the direction of travel and where the Government think we should be going on this issue. That would be a helpful outcome of this debate. The almost 250,000 people who have urged caution on him would be pleased to hear that that message is being heeded in the Ministry of Justice.