6. Debate: Human Rights

Part of the debate – in the Senedd at 4:57 pm on 3 May 2022.

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Photo of Sarah Murphy Sarah Murphy Labour 4:57, 3 May 2022

The human rights reform by the UK Tory Government has raised profound concerns regarding our civil rights, and in particular the liberties of those from minority communities. What is very telling with the Police, Crime, Sentencing and Courts Act was that it was set to be fast-tracked through Parliament in Westminster, but, obviously, to publish a 300-page Bill on a Tuesday and then hold a Second Reading the following Monday does not give Parliament enough time to scrutinise and fully assess the implications of the legislation. So, protests delayed that fast tracking—the very action the Act is now looking to restrict. Frustratingly the Police, Crime, Sentencing and Courts Act will radically restrict our freedom as citizens to stand up to the state and make our voices heard. In this very room, we don't always agree on what decisions are best for our communities, but our democracy relies on being able to have the right to express those views, for them to be scrutinised, and then come to an understanding.

The Act also enhances police powers to enforce facial recognition, fingerprint collection and other biometric surveillance without any consideration for the implications on our right to privacy, as stated in article 8 under the Human Rights Act, article 16 of the United Nations Convention on the Rights of the Child, and, Darren, I looked it up, it is principle 14 for the older people principles.

We must have a data collection system based around transparency and consent, but this Act would give police powers to obtain information on any one of us without the need to say why. The use and collection of data is already vulnerable to abuses. I believe this Act exacerbates that vulnerability.

We must also listen to Cardiff University's Data Justice Lab's concerns about what could lead to citizen scoring, when citizens are given scores that combine data from online and offline activity to categorise citizens, allocate services and predict future behaviour. Because let's make no mistake: the UK Government does plan to use algorithms for automated risk profiling. Algorithms are not created in a vacuum; they can be imbued and they are imbued with prejudice and bias, as with any other kind of categorisation and profiling. How do we know that people from ethnic minority communities won't be profiled and categorised to further expose them to intrusive practices, that those from lower income households won't be put in a category 'likely to commit crime'? Will people be profiled according to their protected characteristics without their knowledge? Because data may theoretically be neutral, but the how and why it is collected and used never is.

Open Rights Group, in their response to this Tory human rights reform, pointed out that fascism in Italy and Nazism in Germany were both a result of Governments using their majorities in Parliament to subvert democratic order. Our human rights depend on the protection of democracy, freedom of speech and transparency about the information that Governments collect from us. And I will take every opportunity in this Senedd and fight until my dying breath to fight the dangerous ideology that if you have nothing to hide, you have nothing to fear. It comes from a place of privilege; it is an ideology that is always used by the oppressor. Any impact on the human rights of anybody is an attack on us all. The provisions of these reforms will affect everyone.

Opposition to these reforms by the public has been massive. We must listen to experts, to campaigners and to those who will be most impacted. I agree with what Open Rights Group wrote in their response that this reform needs to go back to drawing board, and I agree with Welsh Government today that UK Government must reverse its aggressive approach to human rights.