Baroness Ludford
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Illegal Migration Bill
Baroness Ludford ExcerptsMonday 17th July 2023
(9 months, 3 weeks ago)
Lords ChamberRead Full debate Illegal Migration Act 2023 View all Illegal Migration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Message as at 17 July 2023 - (17 Jul 2023)
Baroness Jones of Moulsecoomb (GP)
I would just like to say, if I may, that I am surprised that the Government do not like this amendment. Quite honestly, it strengthens the Bill when it comes to legal procedure, and they would have fewer legal challenges to all their cases if it goes through. They should welcome it, particularly if there is no conflict with international law, as the Minister told us earlier, in order to restore certainty. The Government should support this amendment.
Noble Lords
Baroness Ludford (LD)
My Lords, I am speaking for these Benches.
The noble Baroness, Lady Chakrabarti, has eloquently explained why these amendments are necessary to uphold key rule of law and constitutional principles. Quite honestly, in the Minister’s argument about Amendment 90F, on regard being had to international obligations, he keeps regurgitating this idea of backdoor incorporation. That was thoroughly demolished by the noble and learned Lord, Lord Hope, last week—let us remember that he was Deputy President of the Supreme Court—when he said:
“This a pure interpretation provision, and it is entirely consistent with the way the courts approach these various conventions … I support the amendment because it is entirely orthodox and consistent with principle”.—[Official Report, 12/7/23; col. 1817.]
That was about the previous version, and as the noble Baroness explained, the new version is even more about reinforcing the interpretation. Quite honestly, the Minister’s argument holds no water.
Since the Government have been unable to vouch for the compatibility of the Bill with the European Convention on Human Rights because it is too novel and untested to evaluate, we need this safeguard in the Bill to ensure that the Government are kept to the straight and narrow.
The other points about the jurisdiction of the courts are straightforward rule of law issues. Is it the courts or the Executive who will have the final say on what happens to people, whether they are deported, detained or safe? It should be the courts.