Commons Sense

House of Commons · Ministers' Questions

International Law on Rights of Refugees: Government Compliance

Thursday 18 March 2021 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Kenny MacAskill questioned the use of military camps for asylum seekers and criticized the UK for potentially copying Australia's offshore processing model.
  • The Attorney General declined to comment on specific legal advice given to other Departments and would not discuss unannounced legislation.
  • The Attorney General emphasized that the UK takes pride in its leadership within the international system and complies with its international obligations in good faith.

Topics (select to filter)

Questions & Answers

Q1 Kenny MacAskill
Asylum & Refugees
Context

The question arises from concerns about the UK's adherence to international laws concerning refugees and asylum seekers. Specifically, there are questions regarding the use of military camps for housing these individuals.

Question

All are equal before the eyes of the law, and that includes those coming here seeking asylum. Why then are we using military camps, which are entirely unacceptable at the best of times and most certainly during a pandemic? Rather than seeking to copy Australia and transport asylum seekers abroad, is it not time that this Government accepted that refugees have rights and that the Attorney General took action to ensure that the Government adhered to their responsibilities?

Answer from Michael Ellis

Frankly, as the Home Office has made quite clear, the UK is a world leader in resettlement, so I do not recognise the point that the hon. Gentleman makes. If one looks at the actual figures, one sees that we have resettled nearly 30,000 people in the past five years, which is more than any other country in Europe. As for the use of former military barracks, if Her Majesty's armed forces personnel can be housed appropriately in those barracks, there is no reason why anyone else cannot be. We adhere to our international and national obligations. This country is extremely open and generous in these matters.

Partly answered

Not addressed: The questioner asked about the use of military camps during a pandemic and questioned whether the Attorney General would take action, but the answer did not address this specifically.

How: Does Not Recognise The Point, Home Office Has Made Clear

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Q2 Kenny MacAskill
Asylum & Refugees
Context

Recent press reports indicate the Home Secretary's plans to send asylum seekers coming across the Channel to be processed in other countries. This raises questions about the legal implications of such a proposal.

Question

Reports in the press this morning indicate that the Home Secretary plans to send asylum seekers coming across the channel offshore, thousands of miles away, to have their claims processed. May I welcome the Attorney General to his place and ask him whether he has been consulted on the legality of these proposals yet? Can he reveal which countries his Government are doing this reprehensible deal with, given that this would be relevant to the legality of the proposals?

Answer from Michael Ellis

I thank the hon. Lady for her question, but I am afraid that I cannot discuss what advice I give in other Departments and I cannot comment on legislation that the Government have not presented to Parliament. What I can say is this: the Government's position is that refugees should claim asylum in the first safe country in which they find themselves. That is an international understanding, and European countries through which they have travelled to board boats to the UK, such as France, are of course manifestly safe.

Not addressed: The questioner asked about legal consultations on offshore processing but was instead informed that specific details cannot be disclosed.

How: Cannot Discuss Advice Given, Cannot Comment On Legislation

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Q3 Angela Crawley SNP
Asylum & Refugees Foreign Affairs
Context

There is a concern about the effectiveness of the government department in ensuring that its actions comply with international laws, particularly concerning refugees and asylum seekers.

Question

What recent assessment he has made of the effectiveness of his Department in helping to ensure the Government's compliance with international law on the rights of refugees?

Answer from Michael Ellis

Any request for my advice is subject to the Law Officers' convention, but I must make it clear that the UK prides itself on its leadership within the international system and that it discharges its international obligations in good faith. I also point out that the Solicitor General, whom I very much welcome to her place, attends the Parliamentary Business and Legislation Committee, which scrutinises all the Government's legislation before it reaches Parliament.

Partly answered

Not addressed: The questioner asked for an assessment of effectiveness but received a broad statement about adherence to international obligations without specifics.

How: Subject To Law Officers' Convention, Uk Prides Itself On Leadership

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