Illegal Migration Bill

William Cash Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

I fundamentally disagree with almost everything that the hon. and learned Member for Edinburgh South West (Joanna Cherry) said, as many people may understand.

I believe in the rule of law, I believe in Parliament, I believe in democracy and I believe in the sovereignty of this Parliament. I therefore want this Bill to work, but I do believe that it will require amendment in Committee or on Report. There needs to be a “notwithstanding” formula in the Bill to enable us to ensure that the courts cannot simply apply the arrangements currently in operation. As Lord Sumption said at the weekend, of course the courts will obey an Act of Parliament where it is necessary to do so.

I agree very much with my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) about clause 49, which addresses interim measures of the European Court; I have made the same point myself, as indeed has Professor Ekins, a professor of constitutional law at Oxford. The bottom line is that we will have to make certain that only final judgments will apply, not interim measures. I could spend much more time on that point, but I will not. I am quite sure that a “notwithstanding” provision will be required, because otherwise I am afraid that the clause may not work effectively.

On international law, I simply say to hon. Friends that article 31 of the refugee convention, which deals with unlawful refugees in respect of, for example, the United Kingdom, does not apply at all unless such refugees have come

“directly from a territory where their life or freedom was threatened”.

It therefore does not apply if they have come from France or Albania, for example. For the same reasons, article 33 does not apply. We are compliant with international law in these respects, which is of great benefit to us and to everybody concerned.

We have prevaricated for far too long. The Labour party will never sort this out. The unelected Lords will oppose this Bill. The Bill, as amended by this elected House, must therefore be made subject to the Parliament Acts and must receive Royal Assent before the general election. The Prime Minister is right to say, “Stop the boats,” but it has to be done lawfully. Under the Bill, with some amendment, we will be able to achieve that. Promises will not do. I am sure that we will find that the promises that have been made can be fulfilled.

[Several hon. Members rose—]