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28 Oct 2002 : Column 604—continued

Mr. Grieve: Will the Parliamentary Secretary give way?

Mr. Cash: Will the Parliamentary Secretary give way?

Yvette Cooper: I will give way to the hon.Gentlemen. I would like to give way to the hon. Member for Beaconsfield, followed by the hon. Member for Stone to hear their individual points. I noticed that the hon. Member for Stone completely disagreed with the hon. Member for Beaconsfield and, by contradicting his hon. Friend, gave a clear account of the importance of parliamentary sovereignty under the Human Rights Act. However, the hon. Member for Stone did of course contradict himself later on; perhaps we should give him two opportunities to intervene so that we can hear all three possible views from the Opposition Front Bench.

Mr. Grieve: I am grateful to the Parliamentary Secretary for having briefly stopped her peroration. Will she answer a specific question that I asked her? We are not talking about challenging decisions or arguing a case. It is the Home Secretary's stated position that if court decisions go against him, he will legislate to ensure that those decisions are overruled. What is the Lord Chancellor's view of that, given that he is the great craftsman of the Human Rights Act? Is that the Government's position? How do they intend to implement it? These are simple questions, which I should like her to answer.

Yvette Cooper: The Human Rights Act allows Parliament to respond. Parliament can legislate to respond, it can accept a judgment of the court and, because Parliament is sovereign, it can choose to ignore the decision of the court under the Human Rights Act and refer it to the European Court of Human Rights, as has been the case for the past 50 years.

Mr. Cash: Will the Parliamentary Secretary get down to the nub of the issue? Is the British Parliament able to amend European Court of Human Rights enactments? Is this Parliament able to amend the Human Rights Act 1998, or not?

Yvette Cooper: Interestingly, that probably gets to the heart of the disagreement between the two hon. Gentlemen. I suspect that the hon. Member for Stone is quite happy with the Human Rights Act. It is the European convention on human rights to which he is fundamentally opposed, because he freaks out whenever Europe is mentioned. I suggest that the hon. Member for Beaconsfield has reconciled himself to aspects of the convention simply because it has been in place for 50 years, but cannot cope with the Human Rights Act because that was introduced by a Labour Government.

Of course, Governments can strongly support the Human Rights Act and still take a strong view on whether an individual decision or statute is compliant with it. Of course cases may be found against the Government, and then it is for Parliament to decide how to respond.

Mr. Cash rose—

Yvette Cooper: Of course I will give the hon. Gentleman a second opportunity to disagree with himself.

Mr. Cash: The Minister really is talking a lot of nonsense. Will she please answer the simple question, are the Government prepared to amend the Human Rights Act in line with some of the statements made by the Home Secretary, to rectify the unfairness to the British people that it can create?

Yvette Cooper: Rectify what? Conservative Members seem to be calling for a Human Rights Act that is drafted to be whatever Parliament says. They want it to be continually compatible with anything that any member of any Executive does, and with any parliamentary decision. It is not clear what kind of Act that would be. They must recognise that, logically, they are arguing for pulling out of the European convention on human rights..

The hon. Member for Beaconsfield and the right hon. Member for West Dorset (Mr. Letwin) cannot quite bring themselves to say that explicitly. In his recent pamphlet, the latter set out what he means by

Xthe concepts of liberty that have served this country so well for so long",

as the motion says. He said that it was a matter of

Xa freedom attaching to those who were British Citizens",

not foreign nationals. Not for him, then, any concept of a common humanity regardless of birth or beliefs, or any recognition that people in other countries have rights, too. The logical extension of what he and the hon. Member for Beaconsfield have argued is that we should pull out of the convention. [Hon. Members: X No."] Then they should get up and say that they are committed to staying in the convention.

Luckily, the hon. Member for Stone is not so squeamish. Back in 1995, he wrote in The Independent:

XWe would lose nothing if we withdrew from the court and the convention; we would barely notice it."

Now he seems suddenly to have decided that Europe is perhaps not such a bad thing after all. This is an amazing conversion to the European cause. We have been signed up to the convention for more than 50 years. British lawyers helped to draft it and it reflects many of the values set out in our common law. The former Conservative Lord Chancellor, David Maxwell Fyfe, was involved in the drafting and debate. Past Tory Governments have accepted it, accepting the court's judgments and the rule of law. Even Margaret Thatcher did not try to pull out of it.

The really absurd thing about the position of the hon. Member for Stone is that he fails to recognise that the Human Rights Act brings the convention back home, allowing the rights to be decided by British judges in the British courts.

At least the hon. Member for Stone is honest about it: he just hates Europe.

David Maclean (Penrith and The Border) rose in his place and claimed to move, That the question be now put.

Question, That the Question be now put, put and agreed to.

Question put accordingly, That the original words stand part of the Question:—

The House divided: Ayes 133, Noes 350.

Division No. 331 [9:59 pm

AYES

Ainsworth, Peter (E Surrey)
Amess, David
Ancram, rh Michael
Arbuthnot, rh James
Atkinson, David (Bour'mth E)
Atkinson, Peter (Hexham)
Bacon, Richard
Barker, Gregory
Baron, John (Billericay)
Bellingham, Henry
Blunt, Crispin
Boswell, Tim
Bottomley, Peter (Worthing W)
Bottomley, rh Virginia (SW Surrey)
Brady, Graham
Brazier, Julian
Browning, Mrs Angela
Burnside, David
Burt, Alistair
Butterfill, John
Cameron, David
Cash, William
Chapman, Sir Sydney (Chipping Barnet)
Chope, Christopher
Clappison, James
Clarke, rh Kenneth (Rushcliffe)
Clifton-Brown, Geoffrey
Collins, Tim
Conway, Derek
Cormack, Sir Patrick
Curry, rh David
Davies, Quentin (Grantham & Stamford)
Davis, rh David (Haltemprice & Howden)
Djanogly, Jonathan
Dodds, Nigel
Donaldson, Jeffrey M.
Duncan, Alan (Rutland)
Duncan, Peter (Galloway)
Evans, Nigel
Fabricant, Michael
Fallon, Michael
Field, Mark (Cities of London & Westminster)
Flight, Howard
Flook, Adrian
Forth, rh Eric
Fox, Dr. Liam
Francois, Mark
Gale, Roger (N Thanet)
Garnier, hon. Edward
Gibb, Nick (Bognor Regis)
Gillan, Mrs Cheryl
Goodman, Paul
Gray, James (N Wilts)
Green, Damian (Ashford)
Greenway, John
Grieve, Dominic
Hague, rh William
Hammond, Philip
Hawkins, Nick
Hendry, Charles
Hoban, Mark (Fareham)
Horam, John (Orpington)
Howarth, Gerald (Aldershot)
Hunter, Andrew
Jack, rh Michael
Johnson, Boris (Henley)
Key, Robert (Salisbury)
Kirkbride, Miss Julie
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lansley, Andrew
Letwin, rh Oliver
Lewis, Dr. Julian (New Forest E)
Liddell-Grainger, Ian
Lidington, David
Lilley, rh Peter
Luff, Peter (M-Worcs)
McIntosh, Miss Anne
MacKay, rh Andrew
Maclean, rh David
McLoughlin, Patrick
Malins, Humfrey
Maples, John
Mawhinney, rh Sir Brian
May, Mrs Theresa
Mercer, Patrick
Moss, Malcolm
Murrison, Dr. Andrew
O'Brien, Stephen (Eddisbury)
Osborne, George (Tatton)
Ottaway, Richard
Page, Richard
Paice, James
Paterson, Owen
Pickles, Eric
Portillo, rh Michael
Prisk, Mark (Hertford)
Randall, John
Redwood, rh John
Robathan, Andrew
Robertson, Hugh (Faversham & M-Kent)
Robertson, Laurence (Tewk'b'ry)
Robinson, Mrs Iris (Strangford)
Roe, Mrs Marion
Rosindell, Andrew
Ruffley, David
Selous, Andrew
Simmonds, Mark
Soames, Nicholas
Spicer, Sir Michael
Spink, Bob (Castle Point)
Spring, Richard
Stanley, rh Sir John
Streeter, Gary
Swire, Hugo (E Devon)
Syms, Robert
Tapsell, Sir Peter
Taylor, John (Solihull)
Taylor, Sir Teddy
Tredinnick, David
Trend, Michael
Turner, Andrew (Isle of Wight)
Tyrie, Andrew
Viggers, Peter
Waterson, Nigel
Whittingdale, John
Widdecombe, rh Miss Ann
Wiggin, Bill
Wilkinson, John
Wilshire, David
Winterton, Sir Nicholas (Macclesfield)
Yeo, Tim (S Suffolk)
Young, rh Sir George

Tellers for the Ayes:

Chris Grayling and
Mr. Desmond Swayne

NOES

Abbott, Ms Diane
Adams, Irene (Paisley N)
Ainger, Nick
Ainsworth, Bob (Cov'try NE)
Allen, Graham
Anderson, rh Donald (Swansea E)
Anderson, Janet (Rossendale & Darwen)
Armstrong, rh Ms Hilary
Atkins, Charlotte
Baird, Vera
Baker, Norman
Banks, Tony
Barrett, John
Battle, John
Beard, Nigel
Begg, Miss Anne
Benn, Hilary
Bennett, Andrew
Benton, Joe (Bootle)
Berry, Roger
Best, Harold
Betts, Clive
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Blunkett, rh David
Borrow, David
Bradley, rh Keith (Withington)
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brake, Tom (Carshalton)
Breed, Colin
Brennan, Kevin
Brooke, Mrs Annette L.
Brown, rh Nicholas (Newcastle E Wallsend)
Brown, Russell (Dumfries)
Browne, Desmond
Bruce, Malcolm
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnett, John
Burnham, Andy
Burstow, Paul
Byers, rh Stephen
Caborn, rh Richard
Cairns, David
Calton, Mrs Patsy
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, rh Menzies (NE Fife)
Campbell, Ronnie (Blyth V)
Caplin, Ivor
Casale, Roger
Caton, Martin
Cawsey, Ian (Brigg)
Challen, Colin
Chapman, Ben (Wirral S)
Chaytor, David
Chidgey, David
Clapham, Michael
Clark, Mrs Helen (Peterborough)
Clark, hon. Dr. Lynda (Edinburgh Pentlands)
Clark, Paul (Gillingham)
Clarke, rh Tom (Coatbridge & Chryston)
Clelland, David
Clwyd, Ann (Cynon V)
Coaker, Vernon
Coffey, Ms Ann
Coleman, Iain
Colman, Tony
Connarty, Michael
Cooper, Yvette
Corston, Jean
Cotter, Brian
Cousins, Jim
Cox, Tom (Tooting)
Cruddas, Jon
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cummings, John
Cunningham, rh Dr. Jack (Copeland)
Cunningham, Jim (Coventry S)
Cunningham, Tony (Workington)
Dalyell, Tam
Davey, Edward (Kingston)
Davey, Valerie (Bristol W)
David, Wayne
Davidson, Ian
Davies, rh Denzil (Llanelli)
Davies, Geraint (Croydon C)
Davis, rh Terry (B'ham Hodge H)
Dawson, Hilton
Denham, rh John
Dhanda, Parmjit
Dismore, Andrew
Dobbin, Jim (Heywood)
Dobson, rh Frank
Donohoe, Brian H.
Doran, Frank
Doughty, Sue
Dowd, Jim (Lewisham W)
Drew, David (Stroud)
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Ellman, Mrs Louise
Ennis, Jeff (Barnsley E)
Etherington, Bill
Farrelly, Paul
Fisher, Mark
Fitzpatrick, Jim
Flint, Caroline
Flynn, Paul (Newport W)
Follett, Barbara
Foster, rh Derek
Foster, Don (Bath)
Foster, Michael (Worcester)
Foster, Michael Jabez (Hastings & Rye)
Foulkes, rh George
Francis, Dr. Hywel
Gapes, Mike (Ilford S)
Gardiner, Barry
Gerrard, Neil
Gibson, Dr. Ian
Gilroy, Linda
Godsiff, Roger
Goggins, Paul
Green, Matthew (Ludlow)
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grogan, John
Hall, Mike (Weaver Vale)
Hall, Patrick (Bedford)
Hamilton, David (Midlothian)
Hamilton, Fabian (Leeds NE)
Hancock, Mike
Hanson, David
Harman, rh Ms Harriet
Harris, Tom (Glasgow Cathcart)
Harvey, Nick
Havard, Dai (Merthyr Tydfil & Rhymney)
Healey, John
Henderson, Doug (Newcastle N)
Henderson, Ivan (Harwich)
Hendrick, Mark
Hepburn, Stephen
Heppell, John
Hermon, Lady
Heyes, David
Hill, Keith (Streatham)
Hodge, Margaret
Hoey, Kate (Vauxhall)
Holmes, Paul
Hope, Phil (Corby)
Hopkins, Kelvin
Howarth, George (Knowsley N & Sefton E)
Howells, Dr. Kim
Hoyle, Lindsay
Hughes, Beverley (Stretford & Urmston)
Hughes, Kevin (Doncaster N)
Hughes, Simon (Southwark N)
Humble, Mrs Joan
Hurst, Alan (Braintree)
Illsley, Eric
Ingram, rh Adam
Irranca-Davies, Huw
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Alan (Hull W)
Jones, Helen (Warrington N)
Jones, Kevan (N Durham)
Jones, Lynne (Selly Oak)
Joyce, Eric (Falkirk W)
Keeble, Ms Sally
Keen, Alan (Feltham)
Kennedy, rh Charles (Ross Skye & Inverness)
Khabra, Piara S.
Kidney, David
King, Andy (Rugby)
King, Ms Oona (Bethnal Green & Bow)
Knight, Jim (S Dorset)
Ladyman, Dr. Stephen
Lamb, Norman
Lawrence, Mrs Jackie
Laws, David (Yeovil)
Laxton, Bob (Derby N)
Lazarowicz, Mark
Lepper, David
Leslie, Christopher
Levitt, Tom (High Peak)
Lewis, Ivan (Bury S)
Lewis, Terry (Worsley)
Liddell, rh Mrs Helen
Linton, Martin
Lloyd, Tony (Manchester C)
Llwyd, Elfyn
Love, Andrew
Lucas, Ian (Wrexham)
Luke, Iain (Dundee E)
Lyons, John (Strathkelvin)
McAvoy, Thomas
McCabe, Stephen
McCafferty, Chris
McDonagh, Siobhain
MacDonald, Calum
McDonnell, John
MacDougall, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
McKechin, Ann
McKenna, Rosemary
Mackinlay, Andrew
McNulty, Tony
MacShane, Denis
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Mahmood, Khalid
Mahon, Mrs Alice
Mallaber, Judy
Mann, John (Bassetlaw)
Marris, Rob (Wolverh'ton SW)
Marsden, Gordon (Blackpool S)
Marshall, David (Glasgow Shettleston)
Marshall, Jim (Leicester S)
Martlew, Eric
Merron, Gillian
Michael, rh Alun
Miller, Andrew
Mitchell, Austin (Gt Grimsby)
Moffatt, Laura
Mole, Chris
Moran, Margaret
Morley, Elliot
Mountford, Kali
Mudie, George
Mullin, Chris
Munn, Ms Meg
Murphy, Denis (Wansbeck)
Murphy, Jim (Eastwood)
O'Brien, Mike (N Warks)
O'Hara, Edward
Olner, Bill
O'Neill, Martin
Öpik, Lembit
Organ, Diana
Osborne, Sandra (Ayr)
Owen, Albert
Palmer, Dr. Nick
Perham, Linda
Pickthall, Colin
Pike, Peter (Burnley)
Plaskitt, James
Pollard, Kerry
Pope, Greg (Hyndburn)
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Prescott, rh John
Price, Adam (E Carmarthen & Dinefwr)
Primarolo, rh Dawn
Prosser, Gwyn
Pugh, Dr. John
Purchase, Ken
Purnell, James
Quin, rh Joyce
Quinn, Lawrie
Rammell, Bill
Reed, Andy (Loughborough)
Reid, rh Dr. John (Hamilton N & Bellshill)
Rendel, David
Robertson, Angus (Moray)
Robertson, John (Glasgow Anniesland)
Robinson, Geoffrey (Coventry NW)
Rooney, Terry
Ross, Ernie (Dundee W)
Roy, Frank (Motherwell)
Ruane, Chris
Ruddock, Joan
Russell, Bob (Colchester)
Russell, Ms Christine (City of Chester)
Salmond, Alex
Sanders, Adrian
Savidge, Malcolm
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Sheerman, Barry
Sheridan, Jim
Shipley, Ms Debra
Simpson, Alan (Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, rh Andrew (Oxford E)
Smith, Geraldine (Morecambe & Lunesdale)
Smith, Jacqui (Redditch)
Smith, Llew (Blaenau Gwent)
Smith, Sir Robert (W Ab'd'ns & Kincardine)
Southworth, Helen
Steinberg, Gerry
Stevenson, George
Stewart, David (Inverness E & Lochaber)
Stewart, Ian (Eccles)
Stoate, Dr. Howard
Stringer, Graham
Stunell, Andrew
Sutcliffe, Gerry
Taylor, Dari (Stockton S)
Taylor, David (NW Leics)
Taylor, Matthew (Truro)
Thomas, Gareth (Clwyd W)
Thomas, Gareth (Harrow W)
Thomas, Simon (Ceredigion)
Tipping, Paddy
Todd, Mark (S Derbyshire)
Tonge, Dr. Jenny
Touhig, Don (Islwyn)
Trickett, Jon
Truswell, Paul
Turner, Dennis (Wolverh'ton SE)
Turner, Dr. Desmond (Brighton Kemptown)
Twigg, Derek (Halton)
Tyler, Paul (N Cornwall)
Vaz, Keith (Leicester E)
Vis, Dr. Rudi
Ward, Claire
Wareing, Robert N.
Watson, Tom (W Bromwich E)
Watts, David
Webb, Steve (Northavon)
White, Brian
Whitehead, Dr. Alan
Wicks, Malcolm
Williams, rh Alan (Swansea W)
Williams, Mrs Betty (Conwy)
Williams, Hywel (Caernarfon)
Williams, Roger (Brecon)
Willis, Phil
Winnick, David
Winterton, Ms Rosie (Doncaster C)
Woodward, Shaun
Woolas, Phil
Worthington, Tony
Wright, Anthony D. (Gt Yarmouth)
Wright, David (Telford)
Wright, Tony (Cannock)

Tellers for the Noes:

Dan Norris and
Joan Ryan

Question accordingly negatived.

28 Oct 2002 : Column 604

Question, That the proposed words be there added, put forthwith, pursuant to Standing Order No. 31 (Questions on amendments), and agreed to.

Mr. Speaker forthwith declared the main Question, as amended, to be agreed to.

Resolved,

That this House notes that the Human Rights Act 1998 is fully in conformity with parliamentary sovereignty, which enables Parliament to reflect the democratic will of the people; and further notes that the Human Rights Act enshrines the concepts of liberty that have served this country so well for so long.

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