- Thu Nov 16, 2023 10:52 pm
#58054
These are her five tests. Naked authoritarianism if not fascism (the rule of law over-ridden by political expediency)
Parliament needs to amend the Illegal Migration Act so that it meets these five tests:
1
The Bill must address the Supreme Court’s concerns regarding Rwanda
Parliament is entitled to assert that Rwanda is safe without making any changes to our Rwanda partnership.
However, for substantive and presentational reasons, it would be preferable to amend that agreement to address issues identified by the judges. This could include embedding UK observers and independent reviewers of asylum decisions.
It is less important whether these commitments are embodied in an amended memorandum or a new treaty.
What is crucial is that they are practical steps to improve Rwanda’s asylum system. On the basis of these new commitments, Rwanda’s safety could be credibly confirmed on the face of the Bill.
2
The Bill must enable flights before the next general election
Legislation must therefore circumvent the lengthy process of further domestic litigation, to ensure that flights can take off as soon as the new Bill becomes law. To do this, the Bill must exclude all avenues of legal challenge. The entirety of the Human Rights Act and European Convention on Human Rights, and other relevant international obligations, or legislation, including the Refugee Convention, must be disapplied by way of clear “notwithstanding” clauses.
Judicial Review, all common law challenges, and all injunctive relief, including the suspensive challenges available under the Illegal Migration Act must be expressly excluded. Individuals would, however, be given the chance to demonstrate that they had entered the country legally, were under 18, or were medically unfit to fly – but Home Office decisions on these claims could not be challenged in court.
3
Swift removal must mean swift removal
Those arriving illegally must be removed in a matter of days rather than months as under the Illegal Migration Act. This means amending the Act to ensure that removals to Rwanda are mandated under the duty to remove, with strict time limits. This will streamline the Home Office process as much as possible, so that the only Home Office decision is to determine whether an individual falls within the scheme or not.
4
Those arriving here illegally must be detained
Legal challenges to detention must be excluded to avoid burdening the courts, making it clear that detention is mandated until removal.
5
This must be treated as an emergency
The Bill should be introduced by Christmas recess and Parliament should be recalled to sit and debate it over the holiday period.
The moneychangers have fled from their high seats in the temple of our civilization. We now restore that temple to the ancient truths. The measure of the restoration lies in the extent to which we apply values more noble than mere monetary profit.
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