Illegal Migration Bill

Debate between William Cash and Laura Farris

Committee stage
Monday 27th March 2023 Commons Chamber

[Sir William Cash]

Will my hon. Friend give way?

[Laura Farris]

I will in a moment; I am going to make my points.

On the first element of amendment 132, which seeks to exclude the operation of the Human Rights Act, the only realistic basis for someone who arrived via small boat to challenge their removal to a safe third country under the Human Rights Act would be either article 2 or article 3 of the European convention—the right to life, or not to have one’s life endangered, and the right to freedom from torture.

--- Later in debate ---

[Sir William Cash]

Will my hon. Friend give way?

[Laura Farris]

I am sorry; I will come to my hon. Friend in a moment.

My right hon. Friend the Member for Middlesbrough South and East Cleveland and my hon. Friends the Members for Devizes and for Stoke-on-Trent North (Jonathan Gullis) wrote an article in “Conservative Home” today in which they said and endorsed:

“Individuals would not be removed if they are medically unfit to fly, or will face persecution in the destination country.”

That is the non-refoulement principle, which is at the heart of the refugee convention. One thing that shows the lack of expertise in this area is that the same principle ripples through the common law, the refugee convention and the European convention of human rights; it applies across the board. It is even set out in terms in this legislation. Therefore, it would be pointless to derogate from the Human Rights Act on that question, because the principle that protects people from persecution is so embedded in any event.

[Sir William Cash]

Is my hon. Friend going to give way?

[Laura Farris]

I will give way.

[Sir William Cash]

I just wanted to point out, in case other Members of the House do not know, that Professor Ekins is a professor of law at Oxford University and Sir Stephen Laws is a former first parliamentary counsel. I think those are rather good credentials compared with the views of what I would describe as ordinary barristers.

[Laura Farris]

No disrespect is intended, but it is clear that they are not frequently in court arguing these cases, because if they were, they would know the way the law ran.