Migration and Economic Development

Joanna Cherry Excerpts

Monday 19th December 2022 Commons Chamber

[Suella Braverman]

My hon. Friend is right. We have always maintained that this policy is lawful, and today the court has upheld that. We know that further legal challenges are possible, and we will continue to defend this policy vigorously in the courts. However, once the litigation process has come to an end, we will move swiftly in order to be in a position to operationalise the policy and deliver on our promise.

[Joanna Cherry (Edinburgh South West) (SNP)]

Can I caution the Home Secretary gently against getting overexcited about a decision at first instance? Often, important constitutional decisions at first instance are overturned on appeal. A recent example was when the last Prime Minister but one unlawfully prorogued Parliament. I think an appeal is inevitable. In the meantime, removals to Rwanda cannot take place because of the interim measures issued by the European Court of Human Rights. Perhaps she would like to explain to some of her Back Benchers the concept of an interim order issued by a judge sitting alone to preserve the status quo, which happens, I believe, in English law regularly by way of injunction.

The Home Secretary seems to be implying that she will obtemper the order of the European Court of Human Rights issued under article 34 of the convention, which the United Kingdom is bound by. I know she is not a great fan of the convention, and a lot of her Back Benchers are asking her about the notwithstanding clause, so is it her intention to domestically legislate her way out of our international treaty obligations?

[Suella Braverman]

It is not appropriate for me to speculate on the claimants’ response or whether there will be any appeals following today’s judgment. We welcome today’s findings and we will vigorously defend any appeal on the substantive matters of the lawfulness of the policy. We have been clear that, in designing and introducing our legislation next year, we will have to ensure that it is sufficiently robust to promote a scheme to ensure that if people arrive here illegally, they will be detained and swiftly removed to a safe country for your asylum claim to be processed.