Human Rights Act

Oral Answers to Questions — Justice – in the House of Commons at 12:00 am on 6 December 2016.

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Photo of John Nicolson John Nicolson Shadow SNP Spokesperson (Culture, Media and Sport) 12:00, 6 December 2016

What recent progress has been made on the Government’s plan to replace the Human Rights Act 1998.

Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice

As is well known, we shall set out our proposals for a Bill of Rights in due course, and we shall of course consult fully on those proposals.

Photo of John Nicolson John Nicolson Shadow SNP Spokesperson (Culture, Media and Sport)

In the light of the United Nations Committee on the Rights of Persons with Disabilities finding that cuts to benefits meet the threshold for human rights violations, instead of replacing the Human Rights Act, should not the Secretary of State focus on ensuring the protection of rights to which the Government are already committed?

Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice

The UK Government and this country do not need lectures about our human rights record. Our country has a proud tradition that goes back 800 years of pioneering human rights and spreading our values around the world. We do not need any lessons.

Photo of Julian Brazier Julian Brazier Conservative, Canterbury

Does my right hon. and learned Friend agree that not only is it a good idea to make the change, but that we were members of the European convention on human rights for a whole generation before we put human rights legislation into British law, and that the clear understanding needs to be that British courts, informed by legislation from this Parliament, make the decisions?

Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice

Of course it was Winston Churchill in his famous speech in Place Kléber in Strasbourg who pointed out the importance of fundamental human rights after the second world war, and British lawyers played a very important part in framing the European convention on human rights. Having said that, it is right to consider what that should be in the modern context, and whether we need a British jurisprudence over those rights. That is what we are doing.

Photo of Deidre Brock Deidre Brock Shadow SNP Westminster Group Leader (Scottish Parliament/Scottish Government Liaison), Shadow SNP Spokesperson (Devolved Government Relations)

Five times in the past few years the UK Government have been found guilty of a breach of article 3 of the European convention on human rights for their treatment of people with mental health problems in immigration detention. Many more cases have been settled or are pending. Will the Minister confirm that the solution to that shameful state of affairs is not to water down that absolute right in order to avoid being found out?

Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice

Of course we respect human rights and the rights that are within the convention. No country has a better record of abiding by those decisions than this country. Having said that, there is a need to look critically at the Human Rights Act and how it operates, which is what we will do.

Photo of David Nuttall David Nuttall Conservative, Bury North

Does the Minister agree that the example of countries such as New Zealand, Canada and Australia prove that a country does not have to be a member of the European convention on human rights to have an excellent human rights record?

Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice

My hon. Friend’s point is that those countries have the common law tradition that was founded in this country by our judges and our Parliament. The fact that it is expressed differently in Canada and countries of that sort does not mean that it does not have the same root. We in this country should be proud of that.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.