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Human Rights: Domestic and International Obligations

Volume 594: debated on Tuesday 24 March 2015

3. What recent discussions he has had with Cabinet colleagues on implementation of the UK’s domestic and international legal obligations on human rights. (908285)

6. What recent discussions he has had with Cabinet colleagues on implementation of the UK’s domestic and international legal obligations on human rights. (908288)

I have regular discussions with colleagues about a large number of important issues. As the House knows, by convention advice the Law Officers may have given is not disclosed outside Government. However, domestic and international human rights remain an important aspect of our law and key considerations in the Law Officers’ work.

Since human rights is an international issue and an international obligation, and rights are universal, will the Attorney-General take this opportunity to say he has no intention of withdrawing from the European convention on human rights and thus undermining the whole cause of human rights and justice across the continent and diminishing Britain’s ability to criticise anybody else for human rights abuses?

As I think the hon. Gentleman knows, I make a distinction between what is in the convention, which I wholly support, and the interpretation of the convention given by the European Court of Human Rights in Strasbourg, with which I have some disagreement, and I do not think we should confuse the two. Neither do I believe that it is axiomatic that the only way to have a good record on human rights is to be a member of the European convention on human rights and a signatory to it. Countries such as New Zealand, Australia and Canada, none of which, obviously, are signatories to this document, all have a very good record.

Similarly, it is not right to assume that countries that are members of the European convention on human rights have a spotless human rights record. That clearly is not the case either; one need only look at some of the countries that are signatories to see that. Membership of the convention is neither necessary nor sufficient for a country to have a good human rights record, but I can tell the hon. Gentleman that a future Conservative Government will be utterly committed to the maintenance of human rights, both domestically and abroad.

I know the Attorney-General’s primary job is to advise the Government, but on this occasion, just for old time’s sake, could he advise me? Given the Conservative party’s plan to scrap the Human Rights Act 1998, what rights do my constituents currently have that they will not have under the next Government if the Conservatives are elected?

What I believe—and what I suspect many of our constituents believe—is that human rights are important, but that it should be our courts that adjudicate on such questions rather than the Court in Strasbourg. It is extremely important to recognise that the Court in Strasbourg has given rulings suggesting that responsibility for some matters that the right hon. Gentleman and I would agree should be determined by Parliament in this country should be accrued to that Court in Strasbourg. That is simply wrong. He knows that, and I know that. The other thing that he knows, as a member of the Opposition home affairs team and a former Minister in the Home Office, is that it has been extremely difficult to deport those who create a real threat to the British people, because of their abuse of human rights laws. We intend to do something about that, but it appears that his party does not.

Does my right hon. and learned Friend agree that it would be prudent to revert to the situation that we had before the Human Rights Act was passed, in which a court case could be referred to the European Court of Human Rights, and the ruling could then be applied to the law of the land?

I certainly think that the judgments of the Court in Strasbourg will be looked at by our courts in the circumstances that my hon. Friend describes, and that they will no doubt take note of some of them. I do not think it right, however, that the courts in this country should be obliged to take account of the judgments of the Strasbourg Court, and that is what we would change. It is perfectly reasonable for the courts in this country to look at judgments not only from Europe but from other jurisdictions, but it should not be obligatory for them to do so, and that is what we would change.

We need clarification on this point, because the Government’s position on human rights is chaotic. We know that the Law Officers are at loggerheads on this issue, and that the very sensible former Attorney-General, the right hon. and learned Member for Beaconsfield (Mr Grieve), was sacked in the Prime Minister’s massacre of the moderates because of his “poor” human rights stance. The Minister knows, however, that the European Court declares more than 98% of claims against the UK to be without merit, so why will he not celebrate the excellent Human Rights Act and commend Strasbourg for its common-sense decisions in most of those cases?

The hon. Gentleman seems to be inviting me to accept that it is fine to have a power that one should not have, so long as one does not use it all the time. That is simply not the position that we should be in. He is, of course, right to suggest that this is an important subject, and it will be an important subject in 44 days’ time when the British people will make a judgment on it. It would be useful to know whether Labour is utterly content with the state of human rights law in this country and would make no changes to it whatever. If that is Labour’s view, as it seems to be, the public need to understand that, come election day.