Select committee: Constitution Committee
Recommendation 63
3rd Report - Safety of Rwanda (Asylum and Immigration) Bill
Published 9 Feb 2024
Constitution Committee All items in this report Report on parliament.uk ↗
Recommendation (the committee's words)
We reiterate that where domestic and international law diverge, the duty reflected in the Ministerial Code to comply with international law remains. There would be significant consequences for the rule of law were ministers to determine that the UK was not to abide by an interim measure of the European Court of Human Rights in circumstances which placed them in breach of international law. W e consider that clause 5 raises serious constitutional concerns.
From: Constitution Committee, 3rd Report - Safety of Rwanda (Asylum and Immigration) Bill, 9 February 2024
Government response
The government responded to the whole report on 14 March 2024.
Summary written by Accountability Index from the government's response. It is not the government's own words.The government does not accept the Committee's constitutional concerns, stating it is "satisfied" that the Bill is compliant with the UK's international obligations, including the ECHR.
- On the courts and the separation of powers, it says "We do not accept that this Bill is being used to reverse factual conclusions made by the Supreme Court"; it says the treaty and evidence of change in Rwanda will "enable Parliament to conclude that Rwanda is safe".
- On access to justice, it says clause 4 protects access to courts on "compelling evidence" about individual circumstances, but accepts that the Bill "will however preclude almost all grounds for individual challenge" and that individuals can still go to Strasbourg.
- On guidance to decision-makers, it says guidance "will be provided" but that it "would not be appropriate or proportionate for Home Office guidance to be put before Parliament".
- On the section 19(1)(b) statement, it says this "does not mean that the Bill is incompatible" with the Convention, and that the Government "is satisfied that the Bill is compatible with the Convention rights".