Part of Safety of Rwanda (Asylum and Immigration) Bill - Committee (3rd Day) (Continued) – in the House of Lords am 9:00 pm ar 19 Chwefror 2024.
Lord Kerr of Kinlochard
Crossbench
9:00,
19 Chwefror 2024
I strongly agree with the point that the noble Baroness has made. My name is to Amendments 57 and 59. It is rather appropriate that we come to these amendments immediately after the House has considered the murder of Navalny.
There is a precedent for what we are asked to do in Clauses 5(2) and 5(3)—a Russian precedent. In 2016, the Russian Parliament passed a decree enabling the Russian Constitutional Court to ignore rulings from the European Court of Human Rights. It is not a very exact precedent; the Russian Parliament was passing permissive legislation, which permitted the Constitutional Court in Moscow to ignore rulings from Strasbourg.
What we are doing is not permissive but proscriptive and prohibitive. We are being asked to ban all our courts from having regard to or paying any attention to any interim measure from Strasbourg if it relates to a decision on transportation to Rwanda. We are being asked to pass a law which bans any official from paying any attention to a Strasbourg ruling in a relevant case; only a Minister is allowed to decide whether we comply or not. There is no role for Parliament or the courts, and the role of the Executive is strictly at ministerial level. That is extraordinary.
Russia is no longer in the Council of Europe. It lost some of its rights with the second Chechen war and more with the seizure of Crimea, and after the invasion of Ukraine it lost them all. However, we seem to think that we can stay even though the law we are being asked to pass is much more draconian, trenchant, in the words of the noble Baroness, Lady Chakrabarti, and hostile to the convention than the Kremlin’s. It is a very strange fact that at this moment—
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Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.
An international organisation of member states (45 at the time of writing) in the European region; not to be confused with the Council of the European Union, nor the European Council.
Founded on 5 May, 1949 by the Treaty of London, and currently seated in Strasbourg, membership is open to all European states which accept the princple of the rule of law and guarantee fundamental human rights and freedoms to their citizens. In 1950, this body created the European Convention on Human Rights, which laid out the foundation principles and basis on which the European Court of Human Rights stands.
Today, its primary activities include charters on a range of human rights, legal affairs, social cohesion policies, and focused working groups and charters on violence, democracy, and a range of other areas.
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