Commons Sense

House of Commons · Ministers' Questions

Illegal Migration Bill: Compatibility

Monday 20 March 2023 · 5 questions

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

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 4 Not answered 0

Key points

  • Ministerial assessment states that the Illegal Migration Bill is capable of being applied compatibly with the European convention on human rights and compliant with international obligations.
  • The response cited article 31 of the refugee convention, indicating states are not absolutely duty-bound to offer provisions to asylum seekers from safe countries.
  • Government believes the provisions of the Bill are capable of being compliant with the Human Rights Act and European convention on human rights, but does not make a declaration under section 19.

Topics (select to filter)

Questions & Answers

Q1 Anum Qaisar
Immigration Standards & Ethics
Context

The question arises from concerns about the compatibility of proposed legislation with international human rights standards.

Question

What recent assessment has she made of the compatibility of the Illegal Migration Bill with the European convention on human rights?

Answer from Suella Braverman

I refer the hon. Lady to the statement in my name that appears on the front of the Bill. I would add that I am satisfied that the provisions of the Bill are capable of being applied compatibly with the human rights convention and compliant with our international obligations, including the refugee convention.

Answered
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Q2 Marion Fellows SNP
Asylum & Refugees
Context

The UN High Commissioner for Refugees has criticized the bill, stating that it amounts to an 'asylum ban' and a clear breach of the Refugee Convention.

Question

Does she not realize that universal human rights should apply to all groups regardless of Government choice?

Answer from Suella Braverman

I refer the hon. Lady to article 31 of the refugee convention, which makes it clear that there is not an absolute duty on states to offer provision to asylum seekers, particularly if they have come from a safe country. It is important to note that the Bill applies to people who have come here illegally from a safe country.

Partly answered

Not addressed: universal application of human rights

How: Referencing Specific Article In Refugee Convention, Stating Bill'S Applicability

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Q3 Anum Qaisar
Context

The Home Secretary has made conflicting statements regarding the compatibility of the Illegal Migration Bill with human rights laws and conventions.

Question

Can she confirm which view she holds: confident it is compatible, unable to make a declaration under section 19 of Human Rights Act, or less than 50% compatible?

Answer from Suella Braverman

I do not think the hon. Lady has quite got the point of the Human Rights Act. Section 19(1)(b) is designed for exactly these purposes. Although the Government believe our provisions are capable of being compliant with the Human Rights Act and the European convention on human rights, we are, none the less, testing legal arguments and legal bases, and there is nothing wrong with that.

Partly answered

Not addressed: confirmation of specific view stance

How: Explaining Purpose Of Section 19(1)(B), Mentioning Previous Labour Administration

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Q4 Richard Fuller Con North Bedfordshire
Asylum & Refugees
Context

There are questions about the effectiveness of existing refugee conventions in light of modern global migration crises.

Question

Will she have the courage to lead international discussions on updating the conventions to meet current challenges?

Answer from Suella Braverman

My hon. Friend makes an incredibly powerful point, and I agree with his sentiment. The historic conventions to which we subscribe are fundamentally challenged by modern travel and a global migration crisis in which more than 100 million displaced people are on the move today.

Partly answered

Not addressed: commitment to lead discussions

How: Acknowledging Challenge

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Q5 Aaron Bell
Context

There are concerns that comparing current policies to those of the 1930s Germany is a gross misrepresentation.

Question

Does she agree with opponents who say such comparisons represent an 'appalling' lack of understanding?

Answer from Suella Braverman

Many people have commented on this. All I will say is that people who resort to such analogies have already lost the argument.

Partly answered

Not addressed: historical comparisons

How: Declaring Those Making Comparisons Have 'Lost The Argument'

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