Illegal Migration

Debate between Joanna Cherry and Suella Braverman

Monday 5th June 2023 Commons Chamber

[Suella Braverman]

My hon. Friend is absolutely right that the processing of asylum claims is fundamental to bearing down on the backlog and reducing the number of people accommodated in hotels, which costs us £6 million a day right now. That is why I am very pleased that we have increased the number of caseworkers making those decisions and improved and made the process more efficient and speedier, so that we can make progress in bearing down on the asylum backlog, ensure that we save money for the taxpayer, and, ultimately, fix the challenge of illegal migration.

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

May I take the Home Secretary back to the point about Afghan asylum seekers made by my hon. Friend the Member for Glasgow Central (Alison Thewliss)? As my hon. Friend said, the latest ONS figures show that only 108 people have been resettled under pathways 1, 2 and 3 since the fall of Kabul nearly two years ago. At the same time, 8,429 Afghans arrived in the UK by small boats in the year ending March 2023, as compared with 2,466 in the previous year. Can the Home Secretary not see that the absence of functioning safe and legal routes means that many eligible Afghans to whom the United Kingdom owes a debt of honour, including war veterans, feel that they have no choice but to use small boats to get here? Can she not acknowledge that Home Office intransigence on the Afghan schemes is pushing vulnerable Afghans—some of them veterans, as I say—to come here by small boats?

[Suella Braverman]

I disagree. I am very proud that a high number of Afghans have been resettled in and welcomed to the United Kingdom between 2015 and 2022. Almost 50,000 people have been resettled or relocated; more than 21,000 of them went through the Afghan schemes—the ACRS and ARAP—and more than 28,000 went through established resettlement schemes relating to other countries. I think that that is a good track record. There is a high number of people coming from those countries where there are troubles. The simple truth is this: there is never a good reason to pay a people-smuggling gang to embark on a lethal journey and take an illegal crossing over the channel to get to the UK.

Illegal Migration Bill

Debate between Joanna Cherry and Suella Braverman

2nd reading
Monday 13th March 2023 Commons Chamber

[Suella Braverman]

I am afraid that my right hon. Friend raises a very worrying fact about what we are seeing. When I have spoken to police chiefs around the country, they tell me that criminality—particularly drug supply and usage—is now connected to people who came here illegally on small boats in the first place.

Thirdly, Rwanda is a fundamentally safe country, as affirmed by the High Court. It has a proud track record of helping the world’s most vulnerable, including refugees, for the United Nations.

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

People who are same-sex attracted and trans people are not covered by anti-discrimination laws in Rwanda. Does the Home Secretary think that makes it a safe country for gay people and trans people?

[Suella Braverman]

I am sure the hon. and learned Lady has read the High Court judgment, which is an exhaustive and authoritative analysis by senior, learned judges of how our world-leading Rwanda partnership complies with international obligations, including the European convention on human rights and the refugee convention. It has been deemed to be a proper, lawful partnership. I refer her to the judgment.

Illegal Migration Bill

Debate between Joanna Cherry and Suella Braverman

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

Our 10-point plan announced in December deals with the issue of asylum accommodation. It is unacceptable that over 40,000 people are being accommodated in hotels all over the country, at a cost of £6 million a day. My right hon. Friend the Minister for Immigration is therefore working intensively with other Departments and local authorities throughout the country to identify and procure sustainable and appropriate asylum accommodation.

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

The Home Secretary has often said that she would be quite happy if the United Kingdom left the European convention on human rights, and when the Justice Secretary gave evidence to the Joint Committee on Human Rights last year, he said that the Government were not ruling out leaving the convention. The Home Secretary said in her statement that she cannot make a definitive statement of compatibility with the ECHR under section 19 of the Human Rights Act 1998, which comes as no surprise to most of us. Is the plan behind the Bill simply this: the legislation will go through in the certain knowledge that the domestic courts of the United Kingdom will find that it is incompatible with international law and the ECHR; and then the Tories will fight the next general election on a promise to take the United Kingdom out of the European convention on human rights? That is the whole point of this, is it not?

[Suella Braverman]

I refer the hon. and learned Lady to her comments on the Rwanda partnership about a year ago. Many people here denounced it as unlawful, cruel and illegitimate, yet not very long go we had an exhaustive and authoritative judgment from the High Court saying the exact opposite—that it is compliant with human rights, compliant with the refugee convention, and lawful.

Migration and Economic Development

Debate between Joanna Cherry and Suella Braverman

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.

Western Jet Foil and Manston Asylum Processing Centres

Debate between Joanna Cherry and Suella Braverman

Monday 31st October 2022 Commons Chamber

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

May I gently remind the Home Secretary that it is not illegal to seek asylum? What is illegal is to detain people without a proper basis in law. Will she confirm that she has ignored legal advice that keeping asylum seekers at Manston for more than 24 hours could be illegal detention? Has she been advised that what is happening at Manston may amount to unlawful deprivation of liberty in terms of article 5 of the European convention on human rights, and inhuman and degrading treatment in terms of article 3? Despite her best efforts, we are still bound to comply with the convention by virtue of domestic law. What will she do about all of this? Even if she does not care about the human rights of the people detained at Manston, does she understand that her failure to obey the law may end up costing taxpayers vast amount of money in court fees and damages?

[Suella Braverman]

I confirm that I have not ever ignored legal advice. The Law Officers’ convention, which I still take seriously, means that I will not comment on the contents of legal advice that I may have seen. What I will say is this: I am not prepared to release migrants prematurely into the local community in Kent to no fixed abode. That, to me, is an unacceptable option.

Oral Answers to Questions

Debate between Joanna Cherry and Suella Braverman

Thursday 24th September 2020 Commons Chamber

[The Attorney General]

I thank my hon. Friend for raising this important point. There has been an unprecedented focus over the last few years on ensuring that investigators and prosecutors are properly equipped to deal with large volumes of electronic evidence. The proliferation in technology and digital devices has put pressure on the disclosure process and notably increased the resources required. That does present a challenge for our investigators and prosecutors. There is not a silver bullet that will solve it, but I can assure my hon. Friend that this issue is not being left to languish. The Crown Prosecution Service, in particular, is investing in tools and working closely with its policing colleagues to meet these challenges.

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

What recent assessment she has made of the effectiveness of her role in ensuring compliance with (a) domestic and (b) international law.

[The Attorney General (Suella Braverman)]

On 10 September, I wrote to Select Committee Chairs to set out the Government’s legal position on the withdrawal agreement and the provisions in the UKIM Bill, and that position has not changed. We will ask Parliament to support the use of clauses 42, 43 and 45 of the UKIM Bill, and any similar subsequent provisions, only in the case of the EU being engaged in a breach of its legal obligations and thereby undermining the Northern Ireland protocol and its fundamental purpose. This creates a legal safety net and takes powers in reserve whereby Ministers can act to guarantee the integrity of the United Kingdom and protect the peace process. We are very clear that we are acting in full accordance with UK law and the UK’s constitutional norms.

[Joanna Cherry]

The Attorney General has justified her support for the Bill by reference to the domestic legal principle of parliamentary supremacy and the judgment of the UK Supreme Court in Miller. But in that case, the UK Supreme Court also said, at paragraph 55, that “treaties between sovereign states”, such as the withdrawal agreement,

“have effect in international law and are not governed by the domestic law of any state.”

The Supreme Court was quite clear that such treaties

“are binding on the United Kingdom in international law”.

Why did the Attorney General omit reference to that part of the Supreme Court’s judgment? Did she not learn the rule against selective citation when she was at law school?

[The Attorney General]

On the principle, the dualist nature of our constitution makes it clear that international law and international treaty obligations only become binding in the UK until and unless Parliament says they do. That is a reflection of the supremacy of Parliament and of how, effectively, international law gives way to domestic law.

I am grateful to the hon. and learned Lady for several reasons. The first is for intervening in the Miller litigation. Her intervention allowed the Supreme Court to find unanimously, and hold on this point, for the sovereignty of Parliament when it comes to international law. Secondly, she has allowed me to give examples of where domestic legislatures have acted in breach of international obligations. She will be familiar with the controversial “named persons” legislation that was introduced by the SNP at Holyrood. It was ruled by the Supreme Court to be in breach of international law, namely article 8 of the European convention on human rights. Finally, I thank the hon. and learned Lady for allowing me to refer to her point about breaching the rules and the rule of law. May I gently suggest that she directs her anger closer to home: towards her SNP colleagues and those who sit on the National Executive Committee, who, as we speak, appear to be changing the rules to prevent her exclusively from standing as an MSP? Breaking the rules—the SNP could write the textbook on it!

--- Later in debate ---

[The Attorney General]

The Coronavirus Act 2020 was put before Parliament and went through every stage that a Bill is expected to go through. Any regulations made under it are also subject to parliamentary approval. There is also a sunset provision in the Coronavirus Act, which means it will expire automatically after two years, if not extended. There is a parliamentary review every six months, which will give this Parliament the chance—for example, this coming Wednesday—to vote on a motion stating that the Act should not end.

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

On a point of order, Mr Speaker.