division_name: Safety of Rwanda (Asylum and Immigration) Bill &#8212; Clause 3 - Disapplication of the Human Rights Act 1998
motion: <p class="indent" pid="c835.5/2" pwmotiontext="yes">&#8220;, and of the Illegal Migration Act 2023 insofar as they relate to the removal of persons to Rwanda&#8221;.</p>
  
  <p class="indent" pid="c835.6/3" pwmotiontext="yes">&#8220;, in relation to both of those Acts in relation to the removal of a person to Rwanda&#8221;.</p>
  
  <p class="indent" pid="c835.6/9" pwmotiontext="yes">&#8220;in relation into provision made by or by virtue of this Act, the Illegal Migration Act 2023 and the Immigration Acts in relation to the removal of a person to Rwanda&#8221;.</p>
  
  <p class="indent" pid="c835.6/12" pwmotiontext="yes">&#8220;, the Illegal Migration Act 2023 or the Immigration Acts&#8221;.</p>
  
  <p class="indent" pid="c835.6/18" pwmotiontext="yes">&#8220;provision made in relation to the removal or proposed removal to Rwanda by or by virtue of this Act or the Illegal Migration Act 2023.&#8221;.</p>
  
  <p class="indent" pid="c835.6/39" pwmotiontext="yes">&#8220;in consultation with the Attorney General.&#8221;.</p>
  
  <p class="indent" pid="c835.6/69" pwmotiontext="yes">&#8220;England and Wales and Northern Ireland.&#8221;.</p>
  
  <p class="indent" pid="c835.6/73" pwmotiontext="yes">&#8220;shall only come into force only when each House of Parliament has come to Resolution on the following motion tabled by a Minister of the Crown: That the Agreement, done at Kigali on <phrase class="date" code="">5 December 2023</phrase>, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the Provision of an Asylum Partnership Agreement to Strengthen Shared International Commitments on the Protection of Refugees and Migrants (CP 994), a copy of which was laid before Parliament on <phrase class="date" code="">6 December 2023</phrase>, should not be ratified.&#8221;.</p>
  
  <p class="indent" pid="c835.6/76" pwmotiontext="yes">&#8220;on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has been fully established (and see section (suspension of Act if Monitoring Committee not in operation))&#8221;.</p>
  
  <p class="indent" pid="c835.6/79" pwmotiontext="yes">&#8220;in England and Wales and in Northern Ireland&#8221;.</p>
  
  <p class="indent" pid="c835.6/82" pwmotiontext="yes">&#8220;, or the day on which a full economic impact assessment for the bill is published including any financial memorandum signed between Rwanda and the UK relating to the Rwanda Treaty, whichever is later&#8221;.</p>
  
  <p class="indent" pid="c835.6/135" pwmotiontext="yes">&#8220;uphold the intention of Parliament to respect and abide by the Human Rights Act 1988 and International law (see subsection (6)) in respect of&#8221;.</p>
  
  <p class="indent" pid="c835.6/144" pwmotiontext="yes">&#8220;Parliament of the United Kingdom will normally legislate with the intention of abiding by, complying with, and implementing, international law&#8221;.</p>
  
  <p class="indent" pid="c847.3/3" pwmotiontext="yes">&#8220;I&#8217;m afraid that this headline draws matters of judicial responsibility into the political arena&#8230;matters of deployment of judges, the allocation of work for judges and the use of courtrooms is exclusively a matter for the judiciary and, more specifically, a matter for myself and the senior president of the tribunals. It&#8217;s really important that people understand that clear division.&#8221;</p>
  
  <p class="indent" pid="c850.4/2" pwmotiontext="yes">&#8220;The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.&#8221;</p>
  
  <p class="indent" pid="c854.0/2" pwmotiontext="yes">&#8220;a country to which persons may be removed from the United Kingdom&#8221;.</p>
  
  <p class="indent" pid="c854.0/5" pwmotiontext="yes">&#8220;in compliance with all of the United Kingdom&#8217;s obligations under international law that are relevant to the treatment in that country of persons who are removed there&#8221;.</p>
  
  <p class="indent" pid="c855.1/4" pwmotiontext="yes">&#8220;from which a person removed to that country will not be removed or sent to another country&#8221;.</p>
  
  <p class="indent" pid="c855.1/6" pwmotiontext="yes">&#8220;in contravention of any international law&#8221;.</p>
  
  <p class="indent" pid="c855.1/8" pwmotiontext="yes">&#8220;in which any person who is seeking asylum or who has had an asylum determination will both have their claim determined and be treated in accordance with that country&#8217;s obligations under international law.&#8221;</p>
  
  <p class="indent" pid="c856.1/6" pwmotiontext="yes">&#8220;the validity of an Act is unaffected by international law.&#8221;</p>
  
  <p class="indent" pid="c857.0/7" pwmotiontext="yes">&#8220;The principle of the unlimited sovereignty of Parliament is a distinctively English principle, which has no counterpart in Scottish constitutional law&#8221;.</p>
  
  <p class="indent" pid="c859.1/5" pwmotiontext="yes">&#8220;Tension between the sovereignty of Parliament to legislate, and the role of the courts in enforcing the rule of law principle that executive bodies must exercise their powers within their  statutory limits, may be tempered by restraint on both sides. If either the courts or Parliament ceased to exercise such restraint, significant constitutional uncertainty could result.&#8221;</p>
  
  <p class="indent" pid="c866.0/3" pwmotiontext="yes">&#8220;the Bill goes as far as reasonably possible without risking collapse of the Rwanda scheme as a whole&#8221;.</p>
  
  <p class="indent" pid="c868.1/4" pwmotiontext="yes">&#8220;The provisions of this Act shall have effect in Northern Ireland, notwithstanding Section 7A of the European Union (Withdrawal) Act 2018&#8221;,</p>
  
  <p class="indent" pid="c869.1/5" pwmotiontext="yes">&#8220;The combined effect of section 7A of the European Union (Withdrawal) Act 2018&#8230;and Article 4 of the Protocol limits the effects of section 5(4) and (5) of the EUWA 2018 and Schedule 1, para 3 of the same Act which restrict the use to which the Charter of Fundamental Rights and EU General Principles may be relied on after the UK&#8217;s exit. Thus, the Charter of Fundamental Rights remains enforceable in Northern Ireland and falls within the ambit of Article 2(1) of the Protocol.&#8221;</p>
  
  <p class="indent" pid="c870.0/2" pwmotiontext="yes">&#8220;The applicant and respondent both agree that the rights, safeguards and equality of opportunity enshrined in Strand Three of the GFA do not exclude asylum seekers.&#8221;</p>
  
  <p class="indent" pid="c876.0/3" pwmotiontext="yes">&#8220;a clear statement of Parliament&#8217;s view that Rwanda is safe, &#8216;notwithstanding&#8217; all specified domestic legislation and the common law, and any alternative interpretation of international law including customary international law&#8221;.</p>
  
  <p class="indent" pid="c876.0/6" pwmotiontext="yes">&#8220;In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.&#8221;</p>
  
  <p class="indent" pid="c876.0/11" pwmotiontext="yes">&#8220;Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding&#8221;&#8212;</p>
  
  <p class="indent" pid="c876.0/13" pwmotiontext="yes">&#8220;that the violation has been committed by persons acting in an official capacity.&#8221;</p>
  
  <p class="indent" pid="c876.0/17" pwmotiontext="yes">&#8220;full incorporation in Northern Ireland law of the ECHR&#8221;</p>
  
  <p class="indent" pid="c876.0/19" pwmotiontext="yes">&#8220;affirm their commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community&#8221;.</p>
  
  <p class="indent" pid="c876.0/21" pwmotiontext="yes">&#8220;differential treatment in different parts of the United Kingdom&#8221;</p>
  
  <p class="indent" pid="c876.0/23" pwmotiontext="yes">&#8220;the Bill will address the practical implications.&#8221;&#8212;[Official Report, <phrase class="date" code="">12 December 2023</phrase>; Vol. 742, c. 749.]</p>
  
  <p class="indent" pid="c876.0/29" pwmotiontext="yes">&#8220;The cooperation provided for in this Part is based on the Parties&#8217; and Member States&#8217; longstanding respect for democracy; the rule of law and the protection of fundamental rights and freedoms of individuals, including as set out in the Universal Declaration of Human Rights and in the European Convention on Human Rights, and on the importance of giving effect to the rights and freedoms in that Convention domestically.&#8221;</p>
  
  <p class="indent" pid="c876.0/34" pwmotiontext="yes">&#8220;Article 13 ECHR is engaged but will not be infringed&#8221;.</p>
  
  <p class="indent" pid="c876.0/36" pwmotiontext="yes">&#8220;The Government considers that a Declaration of Incompatibility is sufficient to provide an Article 13 effective remedy for challenges to decisions under the presumption of safety in clause 2 to treat Rwanda as safe&#8221;.</p>
  
  <p class="indent" pid="c876.0/39" pwmotiontext="yes">&#8220;We welcome any country where the people own the Government, and not the Government the people.&#8221;</p>
  
  <p class="indent" pid="c881.3/2" pwmotiontext="yes">&#8220;The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.&#8221;</p>
  
  <p class="indent" pid="c886.0/8" pwmotiontext="yes">&#8220;The principle of the unlimited sovereignty of Parliament is a distinctively English principle, which has no counterpart in Scottish constitutional law&#8221;.</p>
  
  <p class="indent" pid="c894.1/3" pwmotiontext="yes">&#8220;sets a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by the UK&#8217;s highest court&#8221;,</p>
  
  <p class="indent" pid="c901.4/8" pwmotiontext="yes">&#8220;justice is truth in action.&#8221;&#8212;[Official Report, <phrase class="date" code="">11 February 1851</phrase>; Vol. 114, c. 412.]</p>
  
  <p class="indent" pid="c903.0/4" pwmotiontext="yes">&#8220;There is no magical single solution to dealing with irregular migration. Detailed, evidence-driven, fully costed and fully tested policy initiatives are by far most likely to achieve sustainable incremental change that deters journeys such as dangerous Channel crossings.&#8221;</p>
  
  <p class="indent" pid="c903.0/20" pwmotiontext="yes">&#8220;additional costs incurred relative to processing an individual through&#8230;the current migration system.&#8221;</p>
  
  <p class="indent" pid="c910.0/3" pwmotiontext="yes">&#8220;Man&#8217;s inhumanity to man,</p>
  
  <p class="indent" pid="c910.0/4" pwmotiontext="yes">Makes countless thousands mourn.&#8221;</p>
  
  <p class="indent" pid="c910.0/7" pwmotiontext="yes">&#8220;They! an&#8217; be damned! what right hae they</p>
  
  <p class="indent" pid="c910.0/8" pwmotiontext="yes">To meat or sleep or light o&#8217; day,</p>
  
  <p class="indent" pid="c910.0/9" pwmotiontext="yes">Far less to riches, pow&#8217;r or freedom,</p>
  
  <p class="indent" pid="c910.0/10" pwmotiontext="yes">But what your lordships please to gie them?&#8221;</p>
  
  <p class="indent" pid="c910.0/14" pwmotiontext="yes">Torn from that lovely shore, and must never see it more;</p>
  
  <p class="indent" pid="c910.0/15" pwmotiontext="yes">And alas! I am weary, weary O.&#8221;</p>
  
  <p class="indent" pid="c910.0/19" pwmotiontext="yes">&#8220;imminent risk of irreparable harm&#8221;.</p>
  
  <p class="indent" pid="c910.0/22" pwmotiontext="yes">&#8220;There are limits for how long this can drag on&#8221;,</p>
  
  <p class="indent" pid="c910.0/30" pwmotiontext="yes">&#8220;Whatever mitigates the woes or increases the happiness of others, this is my criterion for goodness; and whatever injures society at large, or any individual in it, this is my measure of iniquity.&#8221;</p>
  
  <p class="indent" pid="c910.0/33" pwmotiontext="yes">&#8220;This bill threatens to destroy that&#8221;&#8212;</p>
  
  <p class="indent" pid="c910.0/35" pwmotiontext="yes">&#8220;reputation, reducing our ability to speak with any credibility on injustices and human rights abuses across the world. It also sets a worrying precedent that fundamental human rights can be eroded and denied to some.&#8221;</p>
  
  <p class="indent" pid="c910.0/37" pwmotiontext="yes">&#8220;For a&#8217; that, an&#8217; a&#8217; that,</p>
  
  <p class="indent" pid="c910.0/38" pwmotiontext="yes">It&#8217;s comin yet for a&#8217; that,</p>
  
  <p class="indent" pid="c910.0/39" pwmotiontext="yes">That man to man the world o&#8217;er,</p>
  
  <p class="indent" pid="c910.0/40" pwmotiontext="yes">Shall brothers be for a&#8217; that.&#8221;</p>
  
  <p class="indent" pid="c932.1/4" pwmotiontext="yes">&#8220;where the standard of healthcare available to&#8221;</p>
  
  <p class="indent" pid="c932.1/6" pwmotiontext="yes">&#8220;in the relevant country&#8230;is lower than&#8221;</p>
  
  <p class="indent" pid="c932.1/9" pwmotiontext="yes">&#8220;Any pain or distress resulting from a medical treatment that is available to&#8221;</p>
  
  <p class="indent" pid="c932.1/11" pwmotiontext="yes">&#8220;in the United Kingdom not being available to&#8221;</p>
  
  <p class="indent" pid="c932.1/13" pwmotiontext="yes">&#8220;in the relevant country&#8221;.</p>