Safety of Rwanda (Asylum and Immigration) Bill

Debate between John Hayes and Suella Braverman

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Suella Braverman]

I will tell the hon. Gentleman where we have a problem with a foreign court. In that scenario, when English courts had refused injunctions by the migrants to get off the flight, the foreign court overrode English judges, overrode the will of the Government and overrode the will of the British people to control our borders and stop the boats. That is the problem with a foreign court, and that is the problem that we are trying to fix.

When that flight was grounded in June 2022, it was because of rule 39 interim injunctions. Those orders are not contained in the European convention on human rights, and they are not a product or a content of the original convention. They are a creation of the Strasbourg court and the Strasbourg judges, and they have evolved over time pursuant to the living instrument doctrine that is espoused by the Strasbourg court and that has inflated and expanded its remit over decades, beyond anything conceived by the original drafters or any intention set out in the original versions of the European convention.

I believe that no one here disagrees with the aspirations and the content of the European convention on human rights. I do not disagree with anything set out in that document, which contains noble, vital and fundamental human rights that we are all proud to defend fervently and fiercely: against oppressive regimes; against authoritarianism; against genocide; against mass killings; and against some of the worst atrocities history has seen. That is the context of the European convention’s genesis.

To respond to the hon. Member for Walthamstow, the problem we are dealing with is the Court. It is the Court that has become politicised. It is the Court that has become interventionist. It is the Court that does not follow the traditional common-law rules of precedent to which the English courts subscribe. The Strasbourg Court and its judges have distorted the original European convention on human rights into something that bears no reflection to its original intention.

That has been exacerbated by Labour’s Human Rights Act. In recent decades we have seen a rights culture and litigiousness around immigration, asylum and many other areas. Public sector decision making has been stymied, thwarted and undermined by a heavily resourced, activist legal industry that is undermining Government decision making, stymying policy making and undermining law enforcement and public safety.

I have a few examples. Take the case of OO, a Nigerian national who was sentenced in 2016 to four years in prison for offences including possession of crack cocaine and heroin with intent to supply. He pleaded guilty to battery and assault in 2017. Those are serious offences. In 2020, the first-tier tribunal allowed his appeal against deportation on the grounds that he had very significant obstacles to integration in Nigeria that outweighed the public interest in his deportation. Despite the seriousness of his offending, and despite the risk he posed to the public, his article 8 rights, interpreted in a vastly elastic way—a distorted, illogical way—operated to stop him being deported.

Article 3 was invoked in the case of D v. UK. We can all agree with article 3, which prohibits torture and inhumane or degrading treatment but, in this case of a non-UK national who was convicted of dealing drugs, the Strasbourg court held that the effect of discontinuing his medical treatment, available in the UK but not in his destination country, amounted to inhumane or degrading treatment under article 3. Why should a convicted drug dealer be entitled to public services here and not be deported?

[Sir John Hayes]

Surely on that basis almost any deportation could be blocked, for few countries in the world can match the standard of our NHS, and once that precedent has been set every person will claim that they require treatment for the most minor of ailments.

[Suella Braverman]

I am afraid that my right hon. Friend is absolutely right to highlight that point. Article 3, and a stretched interpretation of it originating in the jurisprudence of the Strasbourg Court, by politicised judges pursuing a political agenda, has led to a perception that here in the UK we have an international health service, not a national health service.

Lastly, let us consider the case of AM (Zimbabwe) in 2022, thanks to which it has now become law that states that want to remove someone have to prove that medical facilities available to the deportee in their home country would remove any real risk that their lifespan would be shortened by their removal from NHS facilities. That is exactly the point that my right hon. Friend has made: the UK Government now have a duty to establish that foreign health services are sufficient before we deport people who may well pose a risk to public safety and, in some cases, national security in this country.

Those are the overall problems with the Court—not the convention, but the Court. Rule 39 is another symptom of the problem that we have with the Court and the judges, which is why the amendment is vital. It will make it clear that rule 39 orders are not binding and that it will be for the UK Government to make the decision on deportation, not a foreign court—an unidentified judge somewhere far away who does not have the same ambition or aspiration as this UK Government to stop the boats. That is why I will support the amendment enthusiastically today.

Let me conclude by saying that this is our last chance to fix this problem. We have stretched the patience of the British people. This comes down to a simple but profound question: who governs Britain? Is it us, the democratically elected representatives who have been directly sent here on behalf of the British people, on a clear mandate and with a clear instruction of what to do, and whose laws are passed by a clear and transparent majority, to which we can all be held to account at the ballot box? Or is it an opaque forum many miles away, in a different country, that is distant, outsourced, foreign and does not share our values—

Manchester Arena Inquiry: Volume 3 Report

Debate between John Hayes and Suella Braverman

Monday 6th March 2023 Commons Chamber

[Suella Braverman]

May I associate myself with the comments that the hon. Gentleman has so powerfully made about his constituents? The report does not pull its punches. Sir John is unequivocal in his assessment of what happened, what should have happened, what could have happened, and what may have resulted as a consequence. That is why the director-General of MI5 and the lead at Counter Terrorism Policing did not shy away from the words that they expressed last week. It is absolutely right that we support the families going forward. I want them to know that I have full confidence in the process that Sir John has just run. It has been extensive and it has taken a long time. Some of the hearings had to be carried out during covid, with additional burden. The process was exhaustive and robust at all times. We have here an authoritative conclusion and assessment of what happened and, importantly, lessons that we can all learn and take forward, so that such an incident does not happen again.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The Home Secretary is to be commended for her statement today and for her refocusing of Prevent on Islamist fundamentalism. That tyranny is the greatest threat to us. Will she take account of the recommendations of this inquiry in two particular respects? The first is the relationship between counter-terrorism police and the intelligence services—she spoke about collaboration a moment ago. Secondly, as the shadow Home Secretary said, the continuing observation of those who were formerly subjects of interest but then moved to less stringent surveillance seems to be a critical element in this inquiry.

[Suella Braverman]

As Sir John said in his report, no one should underestimate the very difficult job that the Security Service and Counter Terrorism Policing do, and that job has become more difficult with the emergence of lone-actor terrorists whose activities are more difficult to track. That is why the Government, including MI5, are committed to doing everything in their power to strengthen our defences against terrorism. That is also why Prevent remains a vital tool for early intervention. Without a Prevent referral being made, it is impossible for authorities to intervene to support those susceptible to radicalisation. It is an essential tool in minimising and eliminating the threat posed by terrorism, and it is vital that we now carry out the reforms of William Shawcross to improve it so that we stamp out this insidious behaviour.