Illegal Migration Bill

Lord Lamont of Lerwick Excerpts

Committee stage
Wednesday 24th May 2023 Lords Chamber

Moreover, Amendments 4 and 84 raise a significant constitutional point. Through the Human Rights Act we have already accepted the provisions of the convention into domestic UK law, and consequently that Act already provides a framework for public authorities and the courts to apply the convention rights. As my noble friends Lord Sandhurst, King’s Counsel, and Lord Wolfson ably pointed out, disapplying Section 3 simply ensures that the courts will not make strained interpretations of the Bill. It will not disturb our human rights framework.

[Lord Lamont of Lerwick (Con)]

When my noble friend was replying to the noble Lord, Lord Carlile, he said that the ECHR memorandum set out precisely which articles of the convention had that effect and which clauses in the Bill were compatible or not, and, as he says, different rights are listed. But what is the status of that definitive document? He says it is the answer to the noble Lord’s question, but what is its status? Presumably it does not have legal effect in itself.

[Lord Murray of Blidworth (Con)]

That is correct: the ECHR memorandum is one of the documents prepared to support the Bill in its passage through Parliament. Obviously, if a matter of interpretation were required, it is the sort of material that those looking for an interpretation might be minded to refer to. Indeed, it is open to those in Parliament to refer to such documents. It is, of course, right to say that the ECHR memorandum is a standard part of the package in relation to public Bills—so, in that sense, it has regular status.