UK Parliament / Open data

Safety of Rwanda (Asylum and Immigration) Bill

I think it is perfectly reasonable, if one wants to know the intention of the amendment, to look at the Member’s explanatory statement. That is, indeed, the purpose of the explanatory statement.

I note with interest, but not with surprise, that none of these amendments is signed by any member of the Opposition Front Bench. I am not surprised because no party that aspires to government could support the abdication of the responsibilities of government, which these amendments would achieve.

I will just say a word about Amendment 7 in the name of my noble friend Lord Hailsham and others. It asserts that the decision of the Supreme Court was a “finding of fact”. But it was not; it was a finding of opinion—the Supreme Court’s opinion that the removal of asylum seekers to Rwanda would expose them to the risk of refoulement. It is an opinion on which men of good faith and true can disagree. Indeed, it is an opinion on which distinguished judges disagreed.

The Divisional Court, one of whose two members was a Lord Justice of Appeal, came to the conclusion that what the Government were proposing was entirely lawful. The Court of Appeal, by majority, disagreed, but the then Lord Chief Justice dissented. In my view, when the Supreme Court reaches a conclusion on a matter of opinion, it is entirely legitimate and proper constitutionally for Parliament—the House of Commons is democratically accountable to the people, and the Supreme Court is not—to substitute its own opinion. That is what the Bill does, and that is why I support it.

Type
Proceeding contribution
Reference
836 c21 
Session
2023-24
Chamber / Committee
House of Lords chamber
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