Clause 12 - Duty to consider derogation from Convention

Part of Overseas Operations (Service Personnel and Veterans) Bill – in a Public Bill Committee at 12:45 pm on 22 October 2020.

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Photo of Chris Evans Chris Evans Labour/Co-operative, Islwyn 12:45, 22 October 2020

I absolutely agree. We do not know who will lead our combined forces in the future. If we have a piece of legislation that allows us to derogate from the European convention on human rights, that puts us at a disadvantage. This year we celebrated the anniversary of VE and VJ Day. Of course, during the famous D-day landings, we were led by an American, General Eisenhower. We might be putting our forces at risk if we are allowed to derogate from the European convention on human rights.

Given the UK’s standing and influence, there is a risk that if this provision remains in the Bill as it is, and is acted on without parliamentary scrutiny or consent, it would set a dangerous precedent to other countries in future conflicts. Having carte blanche to derogate from international conventions is not a precedent that the UK should set. As I said, other countries look to us for the standards that we have set in the past. We should be setting the highest standards in the future.

Other organisations have also raised their concerns about the Bill and giving the Government the ability to ignore international law. Justice stated:

“the Bill would damage the standing of the armed forces by acting contrary to established legal norms—both domestic and international…The Bill risks both contravening the UK’s obligations under the European Convention on Human Rights…and other international legal instruments, many of which the UK helped to create.”

Our country has a proud history of upholding international conventions on human rights across the globe, but the Bill threatens to undo our international standing as the rightful champion of human rights. Amendment 57 will make it clear that our country still sees international obligations and human rights conventions as vital. It states that the Government will not derogate from human rights conventions without real and significant cause. It shows a commitment to transparency and parliamentary scrutiny.