Part of Safety of Rwanda (Asylum and Immigration) Bill - Committee (3rd Day) (Continued) – in the House of Lords am 10:15 pm ar 19 Chwefror 2024.
Lord Stewart of Dirleton
The Advocate-General for Scotland
10:15,
19 Chwefror 2024
I gave the noble Baroness a list of the recommendations, or the proposed amendments to the rules, but I do not see them as answering all of the concerns which the noble Lord, Lord Faulks, expressed, and with which I agree. The question of the ability to go to court directly after an indication has been made, or an interim interdict or injunction in our jurisdictions has been granted, and to argue the point with the court, does not form part of the reforms to the direct ability to challenge which the Strasbourg court has announced.
The rules will also confirm the practice of the Strasbourg court of granting measures in exceptional circumstances where there is a risk of irreparable harm. The United Kingdom has responded formally to the court’s consultation on these measures. While we welcome the review conducted by the court and the changes to be implemented, this does not remove the need for Clause 5—that interim measures should be decided on by a Minister of the Crown and that the court must not take them into account.
To conclude, Clause 5 makes it clear that it is for a Minister of the Crown to personally make the decision about whether to comply with a Rule 39 interim measure indicated by the Strasbourg court. The Minister will be accountable to Parliament for the exercise of that personal discretion. It makes it clear that domestic courts may not have regard to the existence of any interim measure when considering any domestic application or appeal following a decision to remove a person to Rwanda in accordance with the treaty. On that basis, I invite the noble Lord, Lord German, to withdraw his Amendment.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
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