(1 year, 5 months ago)
Commons ChamberIt is pretty rich of the hon. Lady to complain about our plans, given that her party has put forward a series of botched policies, flip-flops, U-turns and changes on the economy and energy prices. Moreover, when it comes to stopping the boats and illegal migration, Labour Members have no plan. They do not speak for the British people; they speak for their vested interests. They would rather campaign to stop the deportation of foreign criminals and vote against every measure we have put forward to reform our asylum system than be on the side of the British people and stop the boats.
We all know that the Home Secretary’s instincts on this are right. However, the wider Government promised to stop the boats and clearly we have not stopped them yet, so I fully support her decision to seek leave to appeal to the Supreme Court, as I think will most people in this country. Given legal procedural issues and judicial recesses, it could take months for the case to reach the Supreme Court, let alone for a judgment to be handed down. In the meantime, the boats will keep coming, now probably all summer.
May I ask the Home Secretary two questions? First, with her extensive legal experience, can anything be practicably done to expedite the Supreme Court’s decision in this case? Secondly, was my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) right that the only way we will ultimately solve the problem is to achieve a derogation from the ECHR?
(1 year, 9 months ago)
Commons ChamberIt is irresponsible to suggest that someone who wants to control our borders and who says that the numbers are out of control and that we need a firm but compassionate line on migration is racist. That is irresponsible, it is wrong, and it should not be put forward.
I warmly welcome the principle of the Bill, not least because the whole House knows that the people traffickers are immoral and utterly heartless, but the elephant in the room, as has already been alluded to, is the ECHR. Unless we can somehow face it down, we will remain tied up in legal knots in our own domestic courts and ultimately in Strasbourg. Can the Home Secretary assure the House that when we see the Bill, it will contain specific measures to do that, so that the Bill will achieve its purpose?
My right hon. Friend is right to highlight the legal complexity of this issue. There will be measures relating to rule 39 orders, and I refer him to the disapplication of section 3 of the Human Rights Act. That sends a message to the judiciary about how Parliament intends the Bill, when it becomes an Act of Parliament, to be interpreted in the courts.