European Union (Withdrawal) Bill — House of Commons, 2017-11-21
Topic: Civil Rights
Helen Elizabeth Hayes (Labour, Centre-left): I rise to speak in support of amendment 46 in the name of my right hon. Friend the Leader of the Opposition; amendment 8 in the name of the right hon. and learned Member for Beaconsfield (Mr Grieve); and new clause 16 in the name of my hon. Friend the Member for Nottingham East (Mr Leslie) The charter of fundamental rights is the most up to date, and therefore, in many respects, the most fit for purpose framework for the protection of human rights that UK citizens currently enjoy. It is broad based and comprehensive in its coverage but also specific in many aspects of its scope. Although the charter of fundamental rights draws together many rights and principles that are to be found elsewhere in legislation and case law, it also augments the legislation that predated it, and in doing so provides additional rights and protections to UK citizens that are not found anywhere else. It is not simply an amalgam of rights legislation that exists elsewhere in UK law, as the Government would have us believe The history of human rights legislation is cumulative. It has developed over centuries. Since Magna Carta, our understanding of the inalienable rights of all human beings has been growing, expanding and evolving, and legislation has been fought for and established in response. The charter of fundamental rights is the clearest articulation that we have of a 21st century commitment to human rights. It was developed painstakingly and collaboratively by all EU member states prior to its ratification in the Lisbon treaty, and it is therefore also a clear statement of our shared values and the aspects of our common humanity that bind us together and underpin the respect that we have for each other both within and across national borders The charter of fundamental rights is a deeply practical framework, which UK citizens rely on for protection every day. Article 1 enshrines human dignity as a right. Few would disagree that human dignity is a right, but the charter of fundamental rights is the only place in legislation that enshrines that right, affording the most basic protection to people in receipt of social care or medical treatment, among many other circumstances Article 8, the protection of personal data, is a new 21st century right, which provides a foundation of principle for the development of further specific legislation to protect the privacy of individuals and to regulate the use of data. Indeed, the right hon. Member for Haltemprice and Howden (Mr Davis) made use of that provision when making his case against the Data Retention and Investigatory Powers Act 2014, and I would therefore hope that he has no wish for this provision to be rescinded and for others to be denied this opportunity Article 21(1) is of particular importance for LGBT people as it is the only provision in international law ratified by the UK that expressly protects people from discrimination on the basis of their sexual orientation. It adds a layer of protection over and above the provisions contained in the Equality Act 2010 and the Human Rights Act, and that protection would therefore be diminished without it Article 28, the right of collective bargaining and action, establishes the right of workers and employers to negotiate and conclude collective agreements and to take collective action to defend their interests, including strike action. Workers can also rely on the charter to challenge laws that breach fundamental rights. For example, individuals working in the Sudanese embassy in the UK used the charter to successfully enforce their employment rights in the UK courts. There are countless such examples and workers would lose such powers if the charter no longer applied in the UK. This Government have already proved their commitment to weakening workers’ rights in their pernicious Trade Union Act 2016, so I am afraid we can have no confidence that the protection of such rights can be taken on trust for the future There are many other provisions that are unique to the charter of fundamental rights and without which the human rights protections afforded to UK citizens will be weakened. The charter applies to EU law, and the Government say that the Bill places all EU law on the UK statue book, but if the Government have their will, and the charter is not part of domestic law after exit day, the important additional rights it affords the British public will be lost. It is therefore simply not the case that this Bill is the simple cut-and-paste job the Government would have us believe it is.