In Dialogue with the United Kingdom, Experts of the Human Rights Committee Welcome Renewed “A” Status for the National Human Rights Institutes of Scotland and Northern Ireland, Ask about the Northern Ireland Troubles Act and the Illegal Migration Act
The Human Rights Committee today concluded its consideration of the eighth periodic report of the United Kingdom on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming the renewed “A” status for the national human rights institutes of Scotland and Northern Ireland, and raising issues concerning the Northern Ireland Troubles (Legacy and Reconciliation) Act and the Illegal Migration Act.
One Committee Expert welcomed that the national human rights institutes of Scotland and Northern Ireland had been reaccredited with “A” status by the Global Alliance of National Human Rights Institutions.
The Expert said that, in relation to the Troubles in Northern Ireland, the United Kingdom had yet to establish an adequate transitional justice mechanism. The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 was being criticised because it could grant immunity to persons who had committed serious human rights violations, and it established procedural barriers to criminal investigations. Did the State party intend to withdraw or substantially reform the Act?
The Expert also said the Illegal Migration Act deprived asylum seekers of the most basic rights and was in contradiction with the principle of non-refoulement. Under the Act, persons could not make asylum applications; pregnant women and children could be detained; and the detention of an "illegal migrant" could not be challenged for 28 days. Did the State party intend to appeal the Illegal Migration Act?
On the Northern Ireland Troubles, James Dowler, Director, International Rights and Constitutional Policy Directorate, Ministry of Justice of the United Kingdom and head of the delegation, said that last year, the Parliament passed legislation to establish the Independent Commission for Reconciliation and Information Recovery to conduct reviews of Troubles-related deaths and serious injury, provide information to victims and families, and facilitate wider societal reconciliation.
Under the new Troubles legislation, the delegation said, conditioned immunity could be granted to people for providing information about what had happened. The State party believed an approach focused on information recovery was more effective than a prosecution-based approach, which rarely had a positive outcome for victims.
The delegation said the State party disagreed that the Illegal Migration Act contravened international standards. The legislation established the principle of non-refoulement. Persons could raise claims that could suspend their deportation. There was no formal time limit on immigration detention, but indefinite detention was not permitted. Seventy-four per cent of people in immigration detention were detained for less than one month, and less than one per cent of people were detained for more than six months. Migrant children were detained to deter smugglers from trafficking children.
In concluding remarks, Mr. Dowler said he hoped that the delegation’s answers had demonstrated the respect that the United Kingdom held for the Covenant. The State party looked forward to receiving the Committee’s concluding observations, which it would consider carefully.
Tania María Abdo Rocholl, Committee Chairperson, in her concluding remarks, said issues addressed in the dialogue included accountability for past human rights violations; sexual and reproductive rights; the prohibition of torture and other cruel, inhuman or degrading treatment; trafficking and smuggling of foreigners; statelessness; the independence of the judiciary; conditions in prisons; and the rights of minors, among others. The Committee sought to accelerate the implementation of the Covenant in the United Kingdom.
The delegation of the United Kingdom was made up of representatives of the Ministry of Justice; Cabinet Office; Home Office; Foreign, Commonwealth and Development Office; Northern Ireland Office; Scottish Government; Northern Ireland Civil Service; Department of Justice Northern Ireland; Welsh Government; Isle of Man Government; Government of Jersey; and the Permanent Mission of the United Kingdom to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Thursday 14 March to begin its consideration of the fourth periodic report of Serbia (CCPR/C/SRB/4).
Report
The Committee has before it the eighth periodic report of the United Kingdom (CCPR/C/GBR/8).
Presentation of the Report
JAMES DOWLER, Director, International Rights and Constitutional Policy Directorate, Ministry of Justice of the United Kingdom and head of the delegation, said the United Kingdom implemented its international human rights obligations through appropriate legislation and administrative measures. It was a party to the European Convention on Human Rights, and its people therefore had access to the application process to the European Court of Human Rights when they had exhausted the various domestic remedies. For this reason, the State party held that there was currently no need to ratify the first Optional Protocol to the Covenant on individual communications.
The United Kingdom remained committed to upholding human rights. There were very few judgments by the European Court of Human Rights that found violations by the United Kingdom: only two were given in 2022, and one in 2023. The Government decided not to proceed with the bill of rights bill to focus on other key commitments. Action had been taken in the Parliament to deal with specific issues related to the Human Rights Act. The Overseas Operations Act 2021, the Illegal Migration Act 2023, and the victims and prisoners bill currently before Parliament all addressed the Government’s policy priorities.
The devastating fatal incidents which occurred in the English Channel highlighted the unacceptable risks that migrants and criminal gangs were running in pursuing these dangerous crossings. Robust action had been taken to crack down on people smuggling gangs and to deter migrants from making perilous crossings. There has been success in intercepting vessels, which led to a 36 per cent reduction in crossings last year.
Last year, the Parliament passed legislation to establish the Independent Commission for Reconciliation and Information Recovery. This was an independent body of the Government chaired by a former Lord Chief Justice for Northern Ireland. The Commission had been set up to conduct reviews of Troubles-related deaths and serious injury, provide information to victims and families, and facilitate wider societal reconciliation.
The United Kingdom had been consistent in its support for the rights of individuals to peacefully protest. People were free to gather and to demonstrate their views, provided they do so within the law. Recent legislation, such as the Public Order Act 2023, improved the police’s ability in England and Wales to manage such protests and balance the rights of protestors against the rights of others to go about their daily business.
Since 2018, the Scottish Human Rights Defender Fellowship had offered respite and capacity-building support for international human rights defenders working in difficult circumstances. In December 2023, the Scottish Parliament passed legislation to incorporate the Convention on the Rights of the Child requirements and its first two Optional Protocols directly into Scottish law, within the limits of devolved competence. In 2020, the Convention on the Rights of the Child and its first two Optional Protocols were extended to the Crown Dependencies of Guernsey and Alderney. The Welsh Government continued to progress its commitment to incorporate the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination against Women into Welsh law.
In February 2023, legislation came into force raising the minimum age of marriage and civil partnerships to 18 in England and Wales. This ended provisions which allowed a party to marry or enter a civil partnership at 16 or 17 with judicial or parental consent. The Council of Europe Istanbul Convention came into force in the United Kingdom in November 2022. This demonstrated the State party’s commitment to tackling violence against women and girls.
The United Kingdom was committed to upholding the rights set out in the Covenant, and to participate in the reporting process. The State party was keen to engage openly and constructively with the Committee.
Questions by Committee Experts
A Committee Expert said concern had been expressed regarding an overall backsliding on domestic human rights protections and undermining of international standards by the State party. How did the State party ensure domestic human rights protections? Why was the European Union Charter of Fundamental Rights not included into United Kingdom law?
The Committee had received allegations of violations committed inside the United Kingdom and outside it by authorities in the context of anti-terrorist activities. Could the delegation comment on initiatives to broaden the scope of crimes related to terrorism and reform the law of treason? Did the Counter Terrorism and Border Security Act 2019 limit freedom of expression? What was the average and maximum duration of pre-charge detention in terrorism cases? How effective was the Multi Agency Public Protection Arrangement in managing terrorist offenders?
Another Committee Expert asked about the likelihood of the Human Rights Act 1998 being superseded by a new legislative framework. Was the Covenant being considered in reform of the Act? What was the status of the Northern Ireland bill of rights? Were there challenges impeding its establishment?
In what circumstances did the State party apply the Covenant extraterritorially? What was the State party’s position concerning general comment 31 on the extraterritorial application of human rights obligations? What legal frameworks governed the conduct of United Kingdom forces operating abroad, and how did the State ensure compliance with these?
The Committee strongly encouraged the State party to reconsider its reservations to articles 10, 14 and 24 of the Covenant. Why did the State party maintain these reservations? Regarding article 10, why did the State party consider mixing of adults and juveniles in prisons to be mutually beneficial? Regarding article 14, what measures had the State party undertaken to address the shortage of legal practitioners and ensure the provision of free legal assistance? What criteria did the State employ to determine a "sufficient connection with the United Kingdom" in relation to the acquisition of nationality under article 24(3)? How did the State party safeguard Covenant rights across all regions of the United Kingdom?
One Committee Expert said that, in relation to the Troubles in Northern Ireland, the United Kingdom had yet to establish an adequate transitional justice mechanism. The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 included the establishment of an independent commission for reconciliation and information. However, the High Court of Belfast had declared that the Act was contrary to the European Convention on Human Rights, and the Act was also the subject of a legal appeal by Ireland in 2024. The Act was being criticised because the commission it established lacked independence and investigative powers, the Act could grant immunity to persons who had committed serious human rights violations, and it established procedural barriers to criminal investigations. Did the State party intend to withdraw or substantially reform the Act?
What investigations into historic crimes had been carried out? There had been systematic abuses against women and children in institutions such as the Magdalene Laundries and the Mother and Baby Institutions and there appeared to be no transitional justice mechanisms in place. How had the State party followed up on the Truth Recovery Design Panel’s recommendations and provided compensation for victims? In what cases were “closed material procedures” applied and what specific judicial safeguards were in place for such procedures?
What investigations had been carried out into cases related to the violation of the right to life committed by British forces in Iraq in the early 2000s? In 2021, the State adopted the Overseas Operation Act, which raised many concerns. The Act established a "presumption against prosecution" in favour of military personnel deployed outside the territory. How was this Act compatible with the Covenant?
A Committee Expert said several reports indicated discriminatory practices against the Gypsy, Roma and Traveller communities and persons of African descent. The Gypsy, Roma and Traveller communities faced discrimination in access to public services and had the highest rate of exclusion of all ethnicities. How did the State party plan to address the inequalities and discriminatory practices faced by these communities? There were reports of discrimination of racial minorities in judicial proceedings, in the provision of State services, and in police stop-and-search activities. What measures would the State party take to prevent such discrimination? How would the State party train the police on the human rights of ethnic minorities? How would the State party address the increasing use of tasers against ethnic minorities, including children and persons with disabilities? Hate crime offences had surged across the State over the reporting period. Crimes motivated by race accounted for 70 per cent of hate crimes. What measures were in place to address hate crimes and intolerance, investigate all cases, prosecute perpetrators, provide reparation to victims, and improve reporting mechanisms?
Abortion services had been formally commissioned in Northern Island in 2022, but the services were not yet fully operational and there were barriers to accessing abortions. Many individuals who sought abortions saw no other option but to travel to other regions to obtain them. How would the State party ensure the availability of abortion services in Northern Island? Did the State party plan to fully decriminalise abortion by repealing the 1861 Offences against Persons Act?
One Committee Expert said that torture was recognised as a criminal offence in the United Kingdom, but individuals who could provide an excuse for that conduct could be absolved of responsibility. How would the State party address its non-compliance with the Covenant in this respect? What measures were in place to ensure that those with authority received training to ensure that torture was never used inside and outside of the State’s borders?
A 2018 report found that British officials were complicit in numerous rendition cases since 2009. The Committee had previously requested an investigation into allegations of torture by British officials committed overseas. How did the United Kingdom plan to conduct these investigations, prevent torture, and strengthen monitoring mechanisms? What measures was the State taking to ensure that renditions were not occurring on United Kingdom territory, and what sanctions were issued for breaches of assurances? There were concerns over the lack of clarity regarding legislation on torture, unlawful killing and rendition. How would this legislation be amended in collaboration with civil society? There were two cases in which the Secret Intelligence Service reportedly did not exercise due diligence in the detention of persons overseas. What measures was the Secret Intelligence Service implementing to ensure that detentions conducted overseas upheld human rights standards?
Responses by the Delegation
The delegation said the Government would continue to ensure that human rights laws were fit for purpose. The Government had last year decided not to take forward the bill of rights bill, and there were no current proposals to amend the Human Rights Act. The decisions of the European Court of Human Rights regarding individual complaints were binding, and the United Kingdom saw this as a more effective complaints mechanism compared with the non-binding mechanism of the Committee. Hence, there were no plans to ratify the first Optional Protocol. The Covenant was considered in courts and in the development of common law. The Human Rights Act was one of many domestic laws that implemented Covenant rights.
In the Virgin Islands, children were not detained with adults. Segregation policies in each territory were governed by local legislation. The United Kingdom continued to work with overseas territories to address capacity issues in prisons and regarding the provision of legal aid. Children born in the overseas territories after May 2002 had access to British nationality. Children born in those territories who did not receive nationality automatically could apply to receive it.
The United Kingdom Government was committed to establishing a Northern Ireland bill of rights. A consensus had not been reached on a bill of rights thus far. The Northern Ireland Assembly had collapsed in 2022 and had only been restored last month. It could now resume deliberations on a bill of rights. The Government believed that the independent commission for reconciliation was the best way to support families and address legacy issues. It was committed to implementing the Legacy Act and hoped that this would provide families with more information about what happened to their loved ones. The Northern Ireland Executive would take forward work on violations that had occurred at the Magdalene Laundries and Mother and Baby Institutions.
Abortion services were available in all five health trusts in Northern Ireland, and training would be provided to health workers to build resilience in these services. Information on how to access abortion services had been published by the Northern Ireland Government, and a related social media campaign would be launched soon.
The definition of terrorism in the Terrorism Act 2000 was regularly and independently reviewed. The Government was considering revising treason legislation. The Counterterrorism and Border Security Act ensured that the police had appropriate abilities to respond to terrorism threats. Under this Act, officers could detain persons accused of terrorist acts for up to 14 days. There were oversight mechanisms for police actions and detention procedures.
Stop-and-search was a vital tool to tackle knife and drug crimes but needed to be used fairly. Body cameras and community oversight mechanisms were used to prevent racial profiling, and the rate of stop-and-searches of persons of African descent had decreased in recent years. Complaints about stop-and-searches and strip searches could be submitted to the independent police oversight commission. A new code of ethics for policing had been released this year. It called on police to protect human dignity and uphold human rights. Use of force by the police needed to be reasonable, proportionate and necessary. Police could be held criminally liable for violations.
There was a robust legal framework to respond to hate crimes. An online hate crime reporting portal had recently been released. Technology companies were required to identify and remove illegal content hosted online. Measures had been implemented to regulate stop-and-searches, promote the rights of Gypsies and Travellers, and address hate crimes and racism in Scotland and Wales.
The United Kingdom’s Race Disparity Audit aimed to improve the quality of data about ethnicity and identify disparities between ethnicities. The Government was taking actions to tackle racism. In England, investments had been made in supporting access to education and housing for the Gypsy, Roma and Traveller communities.
The State party accepted that it had obligations under the Covenant regarding the persons taken under custody by British forces overseas. There had been an increase in the use of closed material procedures, which respected the right to a fair trial. The Human Rights Act required the absolute prohibition of torture, thus there was no need to revise legislation on torture in this regard. Allegations against military personnel were investigated fully. The investigative powers amendment bill aimed to strengthen the investigatory powers of the International Police Association. Service police had carried out investigations into allegations of abuse of detainees by British forces in Iraq. No investigations had found sufficient evidence to justify prosecutions. The Overseas Operations Act did not seek to prevent persons from bringing forward allegations against military personnel.
Follow-Up Questions by Committee Experts
One Committee Expert welcomed that the national human rights institutes of Scotland and Northern Ireland had been reaccredited with “A” status by the Global Alliance of National Human Rights Institutions.
Committee Experts asked follow-up questions on the criteria used to determine whether police practices were excessive or harmful and measures for holding police accountable for violations; the delegation’s response to allegations that certain detainees had stayed in pre-trial detention for up to one year; whether funding for abortion services in Northern Ireland was sufficient; actions taken to protect women seeking abortions from anti-abortion activists; measures to reform the Gender Recognition Act 2004 in line with international standards and address discrimination based on sexual orientation and gender identity; reasons for switching from the former victim-centred act on transitional justice in Northern Ireland to the current act; the delegation’s position on the practice of conversion therapy on lesbian, gay, bisexual, transgender and intersex persons in Northern Ireland; the necessity of implementing the bill of rights in Northern Ireland; why the State party believed that the Covenant only applied outside of the United Kingdom in exceptional circumstances; and how the State party managed Ministers’ ability to make decisions concerning the torture of detainees by military personnel.
Responses by the Delegation
The delegation said persons could not claim in court that legal actions contravened the State’s international obligations. However, courts could examine international laws relevant to the cases they were assessing. The Covenant was applied extraterritorially in rare and limited cases.
Under the Terrorism Act, pre-charge detention was implemented up to a maximum of 14 days and was subject to judicial oversight. This maximum was reduced from 28 days in 2011. Of the arrests under the Terrorist Act in 2021, the largest number of individuals were detained for less than seven days. The only case in which pre-charge detention beyond 14 days was permissible was in states of emergency, and that was not currently the case.
Excessive use of force by State officials was prosecuted in civil courts. There was a robust legal framework to address hate crimes targeting sexual orientation and transgender identity. Police were required to investigate these cases and bring perpetrators to justice. The United Kingdom planned to introduce legislation to ban lesbian, gay, bisexual, transgender and intersex conversion therapy. The Government had no plans to reform the Gender Recognition Act.
The Northern Ireland Department of Health was required to provide the resources necessary to deliver full abortion services. Budget cuts would not have an impact on the delivery of these services. Statutory protections were provided to women and girls seeking information on abortion services. The Scottish Government welcomed proposals for legislation promoting safe access to abortion services. Draft legislation protected the rights of both persons seeking abortions and persons opposed to abortions.
The Government had revised legislation on providing families of the victims of the Troubles with information on what had happened. Under the new legislation, conditioned immunity could be granted to people for providing information about what had happened. The State party believed an approach focused on information recovery was more effective than a prosecution-based approach, which rarely had a positive outcome for victims.
There was a shortage of legal practitioners in some overseas territories. The United Kingdom was working to bolster capacity where possible and offering secondments of lawyers towards this aim.
The presumption against prosecution in the Overseas Operations Act only applied after five years. This legislation was not a bar to prosecutions. Allegations of serious offences would continue to be prosecuted. The Government did not recognise ambiguity in legal principles regarding the treatment of detainees overseas. Ministers were informed of the circumstances and causality of detainment overseas, and they investigated the full complexity of cases and legality before issuing orders. The United Kingdom was committed to reviewing the principles in 2025.
The State had recently held consultations on draft legislation prohibiting the blockage of access to abortion services.
Questions by Committee Experts
A Committee Expert said the State party had taken various measures to reduce the high number of suicides of persons deprived of liberty, but there had been a persistent increase in such suicides and self-harm in the reporting period. There had been a rise by 63 per cent in incidents of suicide in women’s prisons. How would the State party ensure that all instances of death in custody were properly investigated, put in place an accountability mechanism, and improve training for prison staff to prevent suicides?
The Grenfell Tower disaster resulted in the death of 72 people. The State party reportedly could have been aware of the risk posed by combustible cladding material but failed to act before the incident. What measures were planned to conduct investigations into the incident, prosecute any violations, and provide remedies for victims? Remedial works to replace cladding materials for some high-rise buildings had begun, but they had not been replaced in many buildings of a certain size. When would this be done?
Another Committee Expert said the previous legislative framework on trafficking had been deemed to be counter to international human rights standards. The Committee was concerned by the very high standard of proof used for trafficking survivors. There was reportedly a hostile climate against migrants in the State. Was the State party willing to amend the legislative framework to grant victims of trafficking access to the protections they were due? Migrant workers had no protection in cases of conflict with their employers. Would the State party implement a visa programme that was respectful of human rights?
The Illegal Migration Act deprived asylum seekers of the most basic rights and was in contradiction with the principle of non-refoulement. Under the Act, persons could not make asylum applications; persons who arrived illegally automatically lost their right to be labelled a victim of trafficking; pregnant women and children could be detained; and the detention of an "illegal migrant" could not be challenged for 28 days. The United Kingdom had submitted a reservation to the Istanbul Convention relating to the granting of residence visas to foreign women whose migration status depended on their spouse. Did the State party intend to appeal the Illegal Migration Act? How would the State party ensure that victims of trafficking were treated as such? Did the State party intend to withdraw its reservation to the Istanbul Convention?
The voting rights of detainees were automatically restricted. What measures had the State party taken to ensure that the rules governing the voting rights of detainees were pursuant to the Covenant?
Another Committee Expert asked about the current caseload of applications for statelessness status awaiting processing. Did the statelessness determination team have appropriate recourses to process this caseload? Were stateless persons informed of their rights in the application procedure? Were considerations for stateless status adequate and was there an appeal mechanism in place? How many stateless persons were currently in detention? There were instances where persons were deprived of British citizenship and other countries did not recognise the citizenship of the person, rendering them stateless. What happened when decisions to strip persons of citizenship were determined to be incorrect? What measures had the State party taken to prevent refoulement?
One Committee Expert expressed concern that the Illegal Migration Act 2023 expanded powers where detention of immigrants could be extended so removal orders could be given. For the State party, what was a “reasonable, necessary time” for the detention of immigrants? Did the State party intend to set a formal maximum time for the detainment of immigrants? Were there formal procedures to challenge immigration detention, and had these been used successfully? There had been an increase in compensation pay-outs for wrongful detention in 2023. Why was this? Why were parents detained and children not provided with food, medication and other social services? What alternatives to detention were provided to immigrants?
Did the State party intend to take steps to repeal the defence of “reasonable chastisement” of a child and promote non-violent forms of discipline? Were there awareness raising campaigns to inform parents, teachers and the public about the prohibition of corporal punishment? The United Kingdom continued to recruit 16- and 17-year-olds into the Armed Forces, despite evidence that this harmed those children’s physical and mental health. Would the State party raise the age for entering the Armed Forces and prohibit all forms of advertising by the military targeting children? Did the State party intend to raise the age of criminal responsibility throughout the United Kingdom and the Crown Dependencies, which was as low as 10 years old in some regions?
A Committee Expert said the legal aid sector was facing a significant depletion of lawyers due to low salaries across the United Kingdom. In Northern Ireland, there had been no review of legal aid lawyers’ salaries in 18 years. How would the State party raise legal aid rates to a level that made the work financially viable? How would the United Kingdom make legal aid accessible to victims of trafficking and modern slavery, and make it free in cases involving the best interests of the child?
There were concerns of proposed legislation weakening personal privacy protections through the collection of bulk personal datasets. How would the State party ensure that the collection of bulk personal datasets respected privacy? The Online Safety Act 2023 reportedly gave unchecked investigative and censorship powers to officials. How did the State party ensure that the Act did not unduly limit freedom of expression? Did the State party intend to criminalise end-to-end encryption? Biometric surveillance technology was used to monitor peaceful gatherings. What measures were in place to regulate and monitor the use of such technologies? There were concerns about data sharing arrangements that could allow foreign entities to access British intelligence data. How did the United Kingdom ensure that foreign intelligence agencies upheld the right to privacy in their handling of United Kingdom data?
Responses by the Delegation
The delegation said the relevant Government departments had apologised for the role they played in the Grenfell Tower incident. To prevent future incidents, combustible materials had been banned in residential buildings above 18 metres and guidance had been issued for buildings between 11 and 18 meters. All residential buildings above 11 metres would be able to receive funding to fix unsafe cladding from later this year. The independent inquiry planned to publish its next report before 14 June of this year.
In England and Wales, around 950 million pounds was spent annually on civil legal aid and around 900 million on criminal legal aid. The latter would soon be increased to over one billion pounds. All persons accused of crimes would soon become eligible for legal aid. Seventy-three per cent of applications under the exceptional case funding scheme for legal aid in civil cases had been granted. Around 135 million pounds was invested in legal aid in Scotland in 2022, a significant increase from 2021. There were plans to widen the scope of legal aid in Scotland. In Northern Ireland, the Department of Justice was reviewing criminal legal aid to enable efficient case progression and adjust renumeration levels.
The Government did not condone violence against children and had clear laws to deal with it. The English and Northern Ireland Governments had no plans to remove the defence of “reasonable chastisement”. Child protection agencies prosecuted cases of serious abuse. Measures were in place to promote positive parenting. In Wales, legislation had been introduced to remove the defence of “reasonable punishment” of children. Jersey introduced a ban on smacking children in 2020. Any persons who smacked children could face punishment.
In the Isle of Man and Jersey, the age of criminal responsibility was set at 10 years to make appropriate responses to illegal actions by juveniles as soon as possible. However, it was extremely rare for children below the age of 14 to be criminally prosecuted. The age of criminal responsibility had been increased from eight to 12 years in Scotland in 2021. A survey had found that most of the Northern Ireland public supported the revision of the age of criminal responsibility to 14 years. This would be considered by the Assembly in future.
The Armed Forces’ care and welfare policy included specific measures for persons under age 18. Marketing campaigns for the Armed Forces did not target persons under 18. Under 18s were not deployed in operations or exposed to hostilities.
At the end of 2023, prison officers had been increased by 6.5 per cent compared to 2022, increasing oversight of prisoners to prevent self-harm. The State had also implemented peer support mechanisms and revised the provision of razors in prisons. The Scottish Prison Service was ensuring effective mental health support for prisoners. All prison officers received training on preventing suicides. The Scottish Government was committed to funding 800 additional mental health workers for the prison service. In Wales, new mental health standards had been implemented in prisons, which included measures for managing self-harm. All prisoners could access a mental health support hotline.
Citizenship was only removed in the public interest, such as when the person threatened public safety. Individuals deprived of citizenship had the right of appeal.
The Investigatory Powers Amendment Bill 2023 sought to change the bulk personal dataset regime and expand the oversight regime to maintain robust and transparent safeguards. The Investigatory Powers Commissioner independently investigated complaints of abuse of investigatory powers. The bill did not rollback privacy safeguards. The Online Safety Act defended freedom of expression and freedom of the press. The largest online platforms had duties to prevent removal of legal content. Companies needed to have effective mechanisms to allow users to challenge wrongful takedowns. The Government had not criminalised end-to-end encryption. Intelligence data was shared internationally in accordance with international law. The Investigatory Powers Commissioner had the power to oversee sharing of intelligence with foreign intelligence services. Facial recognition technology helped police to quickly take actions to ensure public safety.
It was a priority of the Government to prevent people from making dangerous crossings to the United Kingdom and to stop the practice of people smuggling. Crossings to the United Kingdom had dropped by a third in 2023. The State party disagreed that the Illegal Migration Act contravened international standards. The legislation established the principle of non-refoulement. Persons could raise claims that could suspend their deportation. Immigration bail was available for persons detained, even after 28 days had elapsed. There was no formal time limit on immigration detention, but indefinite detention was not permitted. Seventy-four per cent of people in immigration detention were detained for less than one month, and less than one per cent of people were detained for more than six months.
Decision makers considered all available evidence that persons were victims of trafficking. The new reasonable grounds guidance made the decision-making process on trafficking more robust. The system was focused on ensuring that genuine victims received the support they needed. More than half of the persons who entered the system were identified as victims. Avenues of support existed for migrant workers who were abused by their employers.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on how changes in bulk information collection better protected the right to privacy; oversight into the practice of electronic monitoring of immigrants; measures to repeal legislation that threatened the public’s financial privacy; measures to expedite the application process for legal aid; whether a human rights based approach had been taken into the inquiry into the Grenfell Tower incident; measures to reduce the level of overcrowding in prisons; reasons for the United Kingdom Government vetoing the Scottish Gender Recognition Reform Bill; reasons for preventing legal challenges to the qualification of Rwanda as a safe country; protections of migrant women from domestic violence; measures to ensure fundamental rights were respected in privatised prisons; whether the police had the power to carry out preventive detentions during demonstrations, and whether the State party intended to repeal or amend the Public Order Act; whether depriving persons of nationality was necessary and proportionate for ensuring public safety; whether the Counterterrorism Act had been used to infringe the right of freedom of expression online; and measures in place to prevent over-penalisation of persons living in poverty.
Responses by the Delegation
The delegation said the Grenfell inquiry had taken a victim-centred and a regulatory approach. The legal aid agency operated effectively. The Gender Recognition Reform Bill was vetoed to prevent inconsistencies in legislation on gender identity.
Privately-run prisons were held to the same standards as State prisons. Mental health support schemes were being administered in such prisons. To address overcrowding, the State party was aiming to deliver 10,000 additional prison places by the end of 2025. The sentencing bill would introduce measures to suspend prison sentences of 12 months or less and release foreign national offenders up to 18 months before the end of their custodial sentences. In Scotland, segregation of prisoners only occurred when necessary. The budget for 2024-2025 included measures to promote alternatives to detention. Some 38.5 million pounds would be invested in additional measures to address overcrowding in Scottish prisons.
Electronic tagging was used as a bail condition and an alternative to detention. Migrant children were detained to deter smugglers from trafficking children. The State party believed that the agreement with Rwanda was in line with the United Kingdom’s international obligations. The State party could be able to withdraw its reservation to the Istanbul Convention in future depending on policy decisions related to migrant victims of domestic violence. The Counterterrorism Act did not impinge on the right of freedom of expression.
Under the investigatory powers oversight amendment bill, all datasets would need to be individually authorised and tested for their respect for privacy. The United Kingdom supported strong encryption but called on companies to take all measures necessary to protect children.
The State had not taken action to deprive persons of citizenship in cases where the person would be left stateless. There had been a decrease in the number of people granted stateless status in recent years. There were adequate resources to manage the caseload of applications for stateless status.
Concluding Remarks
JAMES DOWLER, Director, International Rights and Constitutional Policy Directorate, Ministry of Justice of the United Kingdom and head of the delegation, said he hoped that the delegation’s answers had demonstrated the respect that the United Kingdom held for the Covenant. Mr. Dowler thanked the Committee for the dialogue. The State looked forward to receiving the Committee’s concluding observations, which it would consider carefully.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, commended the members of the delegation for their professionalism. In the positive dialogue, issues addressed included accountability for past human rights violations; sexual and reproductive rights; the probation of torture and other cruel, inhuman or degrading treatment; trafficking and smuggling of foreigners; statelessness; the detention of migrants; the independence of the judiciary; conditions in prisons; and the rights of minors, among others. The Committee sought to accelerate the implementation of the Covenant in the United Kingdom.
CCPR24.006E