Part of Nationality and Borders Bill – in a Public Bill Committee am 4:15 pm ar 2 Tachwedd 2021.
God loves a tryer, and I do try. The amendments are another attempt to encourage the Government to set out their legal thinking on the compatibility of the clauses cited in amendment 109 with the refugee convention. How do the Government think that the provisions in clauses 27 to 35 can be consistent with the refugee convention?
There is significant concern among some Members from all parties on this issue. So far, we have been told repeatedly by a Minister that the Government are committed to living up to their international obligations, and we have had a lot of assertions that the Bill is consistent with those obligations. However, as I have said, I am not aware of any lawyer with expertise in the area who supports that conclusion.
On the contrary, we have a detailed published opinion from Matrix Chambers that the Bill is absolutely not compliant with the refugee convention. Alongside that, organisations such as the Immigration Law Practitioners Association and various others have come to the same conclusion. Crucially, the ultimate authority on the convention, the UNHCR, published detailed reasoning for its view that certain clauses do not comply with the convention.
In the circumstances, I might be asking a little too much to expect a detailed legal treatise from the Minister today. However, he must at least accept that this state of affairs is not good enough. On the one side, we have extensive published arguments that the Bill breaches the refugee convention and, on the other side, we just have assurances that everything is in accordance with our international obligations. If MPs are to make a properly informed judgment on this on Report and Third Reading, it is incumbent on the Government to provide their legal arguments in more detail.