Select committee: Constitution Committee

3rd Report - Safety of Rwanda (Asylum and Immigration) Bill

Published 9 February 2024

Constitution Committee Report on parliament.uk ↗

At a glance2 recommendations · Government response published 14 March 2024

The government's response

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".

Read the government's response ↗ Report an error

What the committee recommended 2

57
We reiterate that respect for the rule of law requires respect for international law. Recommendation
63
We reiterate that where domestic and international law diverge, the duty reflected in the Ministerial... Recommendation

Sources

3rd Report - Safety of Rwanda (Asylum and Immigration) Bill ↗The committee's report, parliament.uk
Government response to Safety Of Rwanda (Asylum And Immigration) Bill report ↗The government's response, 14 March 2024, parliament.uk

Recommendations and conclusions 2

57
We reiterate that respect for the rule of law requires respect for international law. Recommendation Recommendation (the committee's words)
We reiterate that respect for the rule of law requires respect for international law. Legislation that undermines the UK’s international law obligations threatens the rule of law. We invite the House to consider the consequences should the enactment of this Bill in its current form breach the UK’s international obligations.
63
We reiterate that where domestic and international law diverge, the duty reflected in the Ministerial... Recommendation 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.