Illegal Migration Bill

Joanna Cherry Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

I am very grateful to my hon. Friend for those kind words. We value his expertise, knowledge and commitment on this issue. He has made the Bill better, stronger and more likely to succeed in our objective, which is to stop the boats and restore the public’s confidence.

It has always been our intention that the only claims that could delay removal would be the factual suspensive claims and serious harm suspensive claims provided for in the Bill. All other legal challenges—be they rights-based or other claims—would be non-suspensive. New clause 22, tabled by my hon. Friend the Member for Devizes, makes it crystal clear not only that any judicial reviews will be non-suspensive, but that it will not be open to the Court to grant interim remedies that have the effect of blocking removals pending a substantive decision on a judicial review.

In a similar vein, new clause 24 makes it clear that any legal challenges relating to a decision about a person’s age are also non-suspensive. Through new clause 25, we are taking a power to make regulations setting out the circumstances in which it can be assumed that someone who refuses to undergo a scientific age assessment is an adult. I can assure the House that we will make such regulations only once we are satisfied that the scientific models are sufficiently accurate so that applying an automatic assumption will be compatible with the European convention on human rights. On that question, I thank in particular of my right hon. Friend the Member for South Holland and The Deepings, who has worked closely with the Government to achieve our shared objective.

On interim relief, we are replacing the marker clause relating to interim measures indicated by the Strasbourg Court. As my right hon. Friend the Home Secretary indicated on Second Reading, the Strasbourg Court is itself carrying out a review of the rule 39 process at the encouragement of a number of member states, including us. The former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), who was then Lord Chancellor, and the current Attorney General, have had constructive discussions with the Court about reform, including on rule 39. However, we can and should do more.

New clause 26 will confer on the Home Secretary or any other Minister of the Crown a discretion, to be exercised personally, to suspend the duty to remove a person where an interim measure has been indicated on an individual case. The new clause sets out a non-exhaustive list of considerations to which the Minister may have regard when considering the exercise of such a discretion in that case. The Minister will be accountable to Parliament for the exercise of that personal discretion. The Government expect that the Minister will carefully consider the UK’s international obligations when deciding whether to disapply the duty.

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

It seems to me that new clause 26 effectively introduces a presumption that the UK Government will breach international law when interim measures are handed down by the Court in Strasbourg. The Home Secretary has already said on the face of the Bill that she cannot certify that it is compatible with the ECHR, but she has declined to give evidence to the Joint Committee on Human Rights to assist our legislative scrutiny of the Bill. Can the Minister explain to the House why the Home Secretary is so reluctant to come to the Joint Committee to justify her admission that the Bill is not compatible with the ECHR?

[Robert Jenrick]

The Government believe that the Bill is compatible. We believe there are strong arguments, and of course there will be legal debate, but were any aspect of the Bill to be challenged, we look forward to defending it robustly. We take our treaty obligations—

[Joanna Cherry]

rose—

[Robert Jenrick]

I will not give way to the hon. and learned Lady a second time, if she does not mind. We have been very clear that we take our treaty obligations seriously. In respect of the ministerial discretion in the clause, the Home Secretary, or whichever Minister of the Crown exercised that discretion, would of course take those obligations seriously and judge the individual case.

[Robert Jenrick]

No. As I have already said, we take our treaty obligations very seriously and the Minister who exercises this discretion would have to do so. This discretion would be exercised highly judiciously and would ultimately be judged on the facts and be very fact-dependent.

[Joanna Cherry]

rose—

[Sir Geoffrey Cox]

Will my right hon. Friend give way on that point?