On Tuesday 7th March 2023, the Home Secretary introduced a new Bill called the “Illegal Migration Bill”. The Bill puts a duty on the Home Secretary to arrange the removal of people who come to the UK without permission if they have not arrived directly from a country where their life and liberty is at risk. If they make an asylum claim, it will be declared “inadmissible” – so it won’t be heard – and there is no right to appeal.
The Home Secretary said, "our approach is robust and novel, which is why we cannot make a definitive statement of compatibility under section 19(1)(a) of the Human Rights Act 1998" - meaning she cannot make a statement that the law is compatible with the human rights in the European Convention on Human Rights and the Human Rights Act. She has instead made a Section 19(1)(b) statement that says while she can't say the law is compatible with human rights, she wants to proceed with it anyway. Parliament can choose to do so because of the principle of parliamentary sovereignty (that Parliament is the ultimate power in the UK and cannot be overruled).
Our Chair, Sir Nicolas Bratza, told Channel 4 news that it was "curious to say that [the Government] couldn't give a statement of compatibility with the Convention but nevertheless were satisfied that it was compliant with international law - of course the Convention is an important part of international law".
The Bill was not published until after the Home Secretary’s speech. It is now available to read online. It has some things in common with the Rights Removal Bill – including that it raises a number of human rights concerns.
Here's what some MPs had to say about the Bill, including concerns about the UK's future membership of the European Convention on Human Rights.
Chair of the Joint Committee on Human Rights, Joanna Cherry, said “isn’t the plan behind this legislation simply this: the legislation will go through in the certain knowledge that the domestic courts of the United Kingdom will find that it’s incompatible with international law and the European Convention on Human Rights and then the Tories will fight the next general election on a promise to take the UK out of the European Convention on Human Rights?”
The Home Secretary said many people denounced the Rwanda policy as cruel and illegitimate but the High Court recently said it’s legal.
John McDonnell MP said he welcomes people seeking asylum in his constituency. He said he is amazed at the range of skills and qualifications they have and they “just want employment – they want to be able to contribute but they’re trapped in this system.” He also asked the Home Secretary to “please tone down her inflammatory language. It’s putting these people at risk and those who represent them.”
The Home Secretary said they’re “making good progress” on the backlog but did not address the question about the language.
Tonia Antoniazzi MP said the Prime Minister recently committed to staying in the European Convention on Human Rights because leaving it would breach the Good Friday Agreement. She asked if the Home Secretary agrees.
The Home Secretary said the Bill meets international obligations.
Andy Slaughter MP told the Home Secretary that there are children from Afghanistan who were living in his constituency but were moved to new hotels 200 miles away just before they started their GCSEs. He said the Home Office have not arranged new schools for them and initially denied they moved at all. He asked if the Home Secretary would look at their cases and her policy.
The Home Secretary said he can’t complain because Labour voted against their measures to streamline the asylum process.
Rachael Maskell MP (of York Central in England’s only human rights city) asked the Home Secretary if she would publish the legal advice that said the Bill is compatible with international law including the European Convention on Human Rights. The Home Secretary said the UK Government does not disclose legal advice.
Patrick Grady asked how the Home Secretary “can know if someone is a genuine asylum-seeker or not unless they’re allowed to make a claim and that claim is fairly and independently assessed?” He asked whether the Home Secretary has ever listened to the stories of the people who come here on small boats.
The Home Secretary said, “we need to all work together to find a pragmatic and compassionate and fair solution.”
A section-by-section guide to the ECHR.
A section-by-section guide to the ECHR.
Find out which human rights often come up when working with migrants, people seeking asylum and refugees in the UK.
Find out which human rights often come up when working with migrants, people seeking asylum and refugees in the UK.
A section-by-section guide to the Human Rights Act.
A section-by-section guide to the Human Rights Act.
Research & Communications Associate