Illegal Migration Bill

Debate between Simon Hoare and Laura Farris

Committee stage
Monday 27th March 2023 Commons Chamber

[Laura Farris]

I am sorry, Dame Eleanor.

To respond to my right hon. Friend’s intervention, it is dangerous to conflate what has been understood on the Conservative Benches to have been called “overreach” in the application of rule 39—on which I agree—with an overenthusiasm of the Court to involve itself in primary legislation, which is what the Bill will be. I see no precedent for that concern, so I hope that I can allay my right hon. Friend’s fear to some extent.

[Simon Hoare (North Dorset) (Con)]

To add to the list of our right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), is there not a fourth option in—call me old fashioned—ensuring that His Majesty’s Government meet our international obligations wherever that may be? That is option four, and one that I think commands quite strong support across the Committee.

[Laura Farris]

I thank my hon. Friend for his intervention, which brings me to my final argument.

Wrenching change from either the applicability of the Human Rights Act or the jurisdiction of the Court is a dangerous path to go down. The European convention on human rights is fundamental to the devolution settlements in Wales and Northern Ireland, and it also plays a distinct role in the Belfast/Good Friday agreement. As we are so near to the 25th anniversary of that agreement, I want to read out how the European convention on human rights was framed as an integral safeguard:

“There will be safeguards to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected, including…the European Convention on Human Rights (ECHR)…which neither the Assembly nor public bodies can infringe”.

At the time of the conclusion of that agreement, there was a climate of deep scepticism about British courts following the establishment of, for example, Diplock courts and other things that were controversial. The European Court of Human Rights is not just something to which lip service is paid; it is integral to the proper functioning of that agreement.

I must mention our proud history in the formation and construction of the European convention on human rights—it is well known that David Maxwell Fyfe was a Conservative MP. It is unsurprising, then, that we are one of the states with the lowest number of adverse findings. We should be very wary of quick fixes. We said throughout the Brexit debate that we would be taking back control of our borders, but it is more complex than that. My point tonight is that leaving the convention, or derogating from it, is not the answer. That will not do the job and will undermine the effect of the Bill, which I think will be upheld as lawful by the European Court of Human Rights in the event that it is referred there.