Question to the Home Office:

To ask His Majesty's Government what assessment they have made of the effect of Article 3 of the European Convention on Human Rights on the deportation of illegal immigrants.

Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment is an absolute right and cannot be balanced against the public interest.

Over time, the interpretation of “inhuman or degrading treatment or punishment” has been expanded. We have seen that Article 3 can create a barrier to return - including in medical cases, extradition and foreign national offenders excluded from protection.

In line with The Chisinau Political Declaration, adopted by consensus by the Council of Europe, the Government will ensure that Article 3 must remain tightly applied, with a high threshold.