Human Rights

Exiting the European Union – in the House of Commons at 12:00 am on 9 March 2017.

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Photo of Jim Cunningham Jim Cunningham Labour, Coventry South 12:00, 9 March 2017

What steps he is taking to ensure that maintaining human rights protections is included in negotiations on the UK leaving the EU.

Photo of David Davis David Davis The Secretary of State for Exiting the European Union

The UK has a long-standing tradition of ensuring that our rights and traditional liberties are protected domestically and of fulfilling our international human rights obligations. The decision to leave the European Union does not change any of that. That is the approach we will take as we enter negotiations, and I can confirm that the Government have no plans to withdraw from the European convention on human rights.

Photo of Jim Cunningham Jim Cunningham Labour, Coventry South

Given that answer, will the Secretary of State set out a full and detailed list of all fundamental rights currently guaranteed under EU law and what approach the Government intend to take towards them?

Photo of David Davis David Davis The Secretary of State for Exiting the European Union

We will be putting the great repeal Bill in front of the House at some point in the near future. That will carry into British law the existing law of the European Union and the case law that goes with it. But British human rights have not depended on the European Union; they have been intrinsic to our history and our tradition, and we—I most of all—will continue to defend them.

Photo of Rosie Winterton Rosie Winterton Chair, Finance Committee (Commons), Chair, Finance Committee (Commons)

I very much welcome what the Secretary of State said about the Council of Europe and the European Court of Human Rights. With that in mind, will he consider giving his support to a fourth summit of the Council of Europe to look at the way forward for the Council and how human rights could be strengthened through the European Court of Human Rights?

Photo of David Davis David Davis The Secretary of State for Exiting the European Union

The right hon. Lady knows about my ongoing passion for human rights. That is the first I have heard of a proposal for a fourth summit, but I will certainly look at it. She can guess what my sentiments will be.

Photo of Barry Sheerman Barry Sheerman Labour/Co-operative, Huddersfield

Is it not a human right to have some certainty about the future? Is the Secretary of State not aware of how many talented, hard-working and entrepreneurial people who have come to this country have no idea whether they can stay here? The Government are now demanding that to be able to stay, people must have full health insurance for life.

Photo of David Davis David Davis The Secretary of State for Exiting the European Union

I am not sure whether certainty about the future is a human right—

Photo of David Davis David Davis The Secretary of State for Exiting the European Union

As I was saying, Mr Speaker, I am not sure whether certainty about the future is a human right, and I am certainly not sure whether the House would necessarily extend it to the hon. Gentleman. The simple truth is that we have a large group of people—some of them European citizens and some of them British citizens abroad—to whom we want to give certainty across the board about their right to remain, their right to healthcare, their right to welfare, and so on. I have now seen, one way or another, representatives of around half the member states, and it is plain to me that they all treat this issue seriously and want to see it dealt with early in the negotiations. That is the Government’s policy—to ensure certainty for everybody.

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.

European Court of Human Rights

Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.

Council of Europe

An international organisation of member states (45 at the time of writing) in the European region; not to be confused with the Council of the European Union, nor the European Council.

Founded on 5 May, 1949 by the Treaty of London, and currently seated in Strasbourg, membership is open to all European states which accept the princple of the rule of law and guarantee fundamental human rights and freedoms to their citizens. In 1950, this body created the European Convention on Human Rights, which laid out the foundation principles and basis on which the European Court of Human Rights stands.

Today, its primary activities include charters on a range of human rights, legal affairs, social cohesion policies, and focused working groups and charters on violence, democracy, and a range of other areas.

Speaker

The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.