Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Jackson of Peterborough and Baroness Meacher

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

I am interested that the noble Baroness for the Liberal Democrats is so keen to avoid debate but, for the avoidance of doubt, I have not repeated any points I previously raised.

[Baroness Meacher (CB)]

We do not make Second Reading speeches on Report.

[Lord Jackson of Peterborough (Con)]

I take on board the noble Baroness’s view, but I am not making a Second Reading speech. I am speaking specifically about these amendments.

[Lord Jackson of Peterborough (Con)]

I thank the Whip for that guidance. If I can proceed to conclude my remarks—

[Baroness Meacher (CB)]

No.

[Lord Jackson of Peterborough (Con)]

However much the noble Baroness heckles from a sedentary position, I will not sit down and I will finish my speech. Rule 39 interim measures, as we learned in Committee, were not in any meaningful sense court rulings per se and, more specifically, great British statesmen and jurists such as David Maxwell Fyfe, who has been quoted, and Winston Churchill never signed up to the court taking powers upon itself to make binding injunctions. This is at the very heart of these amendments. Indeed, it was debated and specifically rejected in terms. It is only since 2005, when activist judges were acting in the case of Mamatkulov and Askarov v Turkey, that the court has given itself a power ultra vires to the original convention—an important point enunciated previously by, among others, the noble Lord, Lord Faulks, the noble and learned Lord, Lord Woolf, and my noble friend Lord Sandhurst.

The clause that amendments today seek to strike down, eviscerate and render otiose is not an example of arbitrary power but a specific power for this Bill and a set of unprecedented geopolitical and economic circumstances: mass migration. It is not a blanket disregard but a specific power. In summary, Rule 39 rules were never part of the European convention or constitution and there is no evidence, other than the hyperbole in this Chamber, that the UK not being bound by these interim measures undermines our overall compliance with international law and our international obligations, responsibilities or undertakings. The irony of these amendments is that they lock in the UK to adherence to a regime that even the court itself accepts is suboptimal and needs urgent reform. These amendments offer a carte blanche to a broken system.

The court itself does not work in its efficacy and the power to produce a desired result, with 48% of leading judgments being unaltered and not acted upon in the past 10 years across all 46 members of the convention. We have a failing, politicised, secret and unreformed court that some noble Lords wish to legislate to usurp the sovereignty of our Parliament. For these and other reasons, I ask your Lordships to resist these amendments because they are not only consequential but dangerous.