Commons Sense

House of Commons · Ministers' Questions

Illegal Immigration Bill: ECHR Compatibility

Thursday 30 March 2023 · 8 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 7 Not answered 0

Key points

  • The Attorney General stated that legal advice on the Illegal Migration Bill's compatibility with the ECHR is confidential and cannot be disclosed.
  • The Attorney General confirmed the Government's commitment to remaining a signatory to the ECHR.
  • The Attorney General reaffirmed the importance of Government lawyers testing legal positions to evolve case law.

Topics (select to filter)

Questions & Answers

Q1 Kirsten Oswald SNP
Immigration Asylum & Refugees
Context

Discussions about the compatibility of the UK's Illegal Migration Bill with the convention relating to the status of refugees.

Question

What discussions she has had with Cabinet colleagues on the compatibility of the Illegal Migration Bill with the convention relating to the status of refugees. The questioner seeks clarity on whether the Government's proposed bill aligns with international refugee protection standards and if legal advice indicates any conflicts or breaches.

Answer from Victoria Prentis

By convention, where the law officers have been asked to provide advice, the contents of any such advice is not disclosed outside Government. That protects our ability as legal advisers to give the Government full and frank legal advice.

Partly answered

Not addressed: Specific details about the compatibility issues between the Illegal Migration Bill and the convention relating to the status of refugees were not provided, only a general statement on confidentiality was given.

How: By Convention

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Q2 Alistair Carmichael Lib Dem Orkney and Shetland
Brexit Democracy & Elections
Context

The Attorney General's previous statements on the European convention on human rights and her current stance in relation to the Illegal Migration Bill.

Question

Will she confirm that her past thinking still informs her assessment of these questions? The questioner cites a previous statement made by the Attorney General emphasizing the sovereignty of Parliament over the ECHR, questioning if this remains her position now regarding the Bill's compatibility issues.

Answer from Victoria Prentis

Well, Madam Deputy Speaker, I assure the right hon. Gentleman that the admiration is entirely mutual. I also assure him that I heard very recently the Prime Minister, from this Dispatch Box, assure the House that it is the Government's policy to remain a signatory to the ECHR.

Partly answered

Not addressed: Specific stance on compatibility issues was not addressed; only general reassurance about remaining a signatory to the ECHR was provided.

How: Mutual Admiration

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Q3 Stuart McDonald SNP
Immigration NHS
Context

The questioner points out that the Illegal Migration Bill denies trafficking victims access to support required under international trafficking conventions, questioning if this aligns with legal obligations.

Question

Articles 12 and 13 of the trafficking convention require states to support a trafficking victim's physical, psychological and social recovery, but clauses 22 onwards of her Government's Bill expressly deny such support. The questioner seeks confirmation on whether the Attorney General believes this conflicts with international obligations.

Answer from Victoria Prentis

As I have said, all lawyers have a duty of confidentiality to their clients and I am simply not permitted to tell the hon. Gentleman, or indeed anybody else, what legal advice has been shared between our office and that of the Government. The use of the Human Rights Act 1998 section 19(1)(b) statement does not mean that the Bill breaches the ECHR.

Partly answered

Not addressed: Details on whether the amendments conflict with international obligations were avoided, only a general statement about legal advice confidentiality was provided.

How: Confidentiality

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Q4 Kirsten Oswald SNP
Immigration Foreign Affairs
Context

The questioner seeks details on the legal assessment made by the Attorney General regarding amendments to the Illegal Migration Bill that might ignore rulings from the European Court of Human Rights.

Question

Can the Attorney General clarify what assessment she has made of the legality of the amendments to the Illegal Migration Bill? The questioner also asks if accepting such amendments could put the UK's place on the Council of Europe at risk, seeking specific legal and diplomatic consequences.

Answer from Victoria Prentis

As I have said, I am not able to share my assessment, but perhaps it might be useful for the House to know when a section 19(1)(b) statement has previously been used. It was used in relation to the Communications Act 2003 by Tessa Jowell.

Partly answered

Not addressed: Specific legal assessment of recent amendments and potential impacts were avoided; only a reference to previous use of section 19(1)(b) statement was provided.

How: Use Of Precedent

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Q5 Bob Neill Con
Context

The questioner raises the importance of testing legal positions through case law to adapt to changing circumstances and emphasizes this as a normal practice, questioning if it applies to current debates.

Question

Does she agree that testing legal positions is an important aspect of evolving case law in adapting to new situations? The questioner seeks confirmation on whether this principle supports the Government's approach to challenging existing norms through legislation.

Answer from Victoria Prentis

I agree wholeheartedly. I feel it is perfectly proper for lawyers—Government lawyers, in this case—to test a novel idea before the courts. In fact, one reason I very much enjoyed my career in the Government Legal Service is that Government lawyers frequently do so.

Partly answered

Not addressed: Specific application to recent legislative debates was avoided; only general agreement on principle of testing legal positions through case law was provided.

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Q6 Peter Bone Con
Immigration Migrants & Borders
Context

The questioner criticizes the Attorney General's approach to answering questions and seeks a direct response on whether amendments will be made to protect trafficking victims under international conventions.

Question

Will the Illegal Migration Bill be amended so that people forced into prostitution or slave labour are still protected by the convention? The questioner demands a clear yes or no answer regarding potential amendments for protecting trafficking victims.

Answer from Victoria Prentis

My hon. Friend is a staunch defender of the procedures and the propriety of our activities in this House. I know that he will agree that it is important that the Law Officers convention is upheld. As I have said, I cannot share my advice with this House; I would very much like to do so, but I am unable to.

Partly answered

Not addressed: Specific amendments for protecting trafficking victims were not addressed directly; only a reaffirmation of the importance of legal procedures was provided.

How: Upholding Conventions

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Q7 Andrew Slaughter Lab Hammersmith and Chiswick
Justice & Courts Standards & Ethics
Context

The House of Lords Constitution Committee found the Government had introduced legislation undermining the rule of law, referring to the United Kingdom Internal Market Bill and the Northern Ireland Protocol Bill. The Attorney General previously stated government lawyers have a duty to ensure the Government acts within the rule of law.

Question

Last month, the Attorney General told the Justice Committee it is important that Government lawyers work to keep the Government acting properly and within the rule of law. Given recent findings by the House of Lords Constitution Committee on legislative breaches, when will her duty as an officer of the court trump loyalty to a lawbreaking Government?

Answer from Victoria Prentis

My first duty is to the court and the rule of law. I have no hesitation about restating this belief deeply held by me and the Solicitor General. The advice on the Illegal Migration Bill cannot be shared with the House, though the use of section 19(1)(b) statement is unusual but not unprecedented or improper.

Partly answered

Not addressed: The specific ask about when duty to court will trump loyalty was not directly addressed.

How: Restating Belief Without Concrete Details

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Q8 Angela Crawley SNP
Migrants & Borders Standards & Ethics
Context

The Attorney General is known to have reservations about the Illegal Migration Bill. Far-right members of her party are planning to rebel, aiming to push the Bill further into breaking international law.

Question

Given that it is known the Attorney General has reservations about the Illegal Migration Bill and far-right members of her party intend to rebel to push the Bill into breaking international law, will she do the honourable thing today and confirm if the Prime Minister concedes on this issue, she will make a stand and declare the Bill unlawful?

Answer from Victoria Prentis

The Illegal Migration Bill passed its Committee stage in the House without amendment, indicating there are no issues with it breaking international law as far as this stage is concerned.

Not addressed: The specific ask about declaring the Bill unlawful was not addressed. Instead, she mentioned the progress of the Bill's Committee stage.

How: Changing Subject To Bill Progress

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