London Daily

Focus on the big picture.

Is the proposed Rwanda bill feasible, and what obstacles could it face?

Is the proposed Rwanda bill feasible, and what obstacles could it face?

Legal experts involved with the Rwanda case have forecast a potential clash between the new bill, the UK Supreme Court, and the European Court of Human Rights. The Supreme Court recently judged unanimously that Rwanda's asylum system is unsafe, citing substantial evidence.
The government's response in the bill is to ask Parliament to classify Rwanda as definitively safe and to restrict judges from contesting this assessment, even in extreme and unlikely situations, such as a new civil war. The bill also requires judges to disregard human rights safeguards from both the Human Rights Act and international treaties, such as the Refugee Convention and the UN's anti-torture rules.

This legislative maneuver is controversial, both legally and politically, as it appears to enable the UK to selectively comply with international standards it once championed, while expecting Rwanda to consistently adhere to them. Renowned legal scholar Professor Mark Elliott has even labeled this as hypocritical.

Additionally, the Supreme Court has indicated that other British laws contradict the assessment of Rwanda as safe. The bill's omission of adherence to the European Convention on Human Rights suggests that its compatibility with existing human rights commitments is questionable, likely leading to legal scrutiny.

If passed, the bill may provoke extensive, complex litigation, potentially involving conflicts with Scottish law, which could echo previous legal defeats faced by former Prime Minister Boris Johnson during the Brexit crisis. The Supreme Court, while unable to nullify primary legislation, can issue a Declaration of Incompatibility, urging reconsideration of laws that violate human rights—in this case, the right to humane treatment and a fair trial before deportation.

Despite the government's capacity to overlook such a declaration, if the European Court of Human Rights intervenes, the bill permits ministers to disregard its rulings and proceed with deporting individuals.

The bill faces two significant hurdles in becoming effective: political approval, where its passage through Parliament is uncertain, and legal challenges. High-profile legal experts have previously confronted the government on Rwanda, suggesting a barrage of court cases might delay the bill's implementation indefinitely, potentially up to the next General Election.
Newsletter

Related Articles

London Daily
0:00
0:00
Close
CIA and MI6 Chiefs Unite Amid Global Crises
UK Tycoon Mike Lynch's Cause of Death Revealed: Autopsy Report
Mass Protests Erupt Across France Against New Prime Minister Barnier
Iranian Plots to Kill Jews in Europe Unveiled
Huawei Poised for Major AI Chip Unveil at Shenzhen Event
Nvidia’s AI chips are cheaper to rent in China than US
China ends tariffs on all goods exported to China from the poorest countries in the world it has diplomatic ties with, including 33 African nations
Blinken May Not Seek Another Term Due To Family Priorities
Labour Pushes for Special Tribunal Against Russia for Ukraine Invasion
Oil Companies to Contest Judicial Review of North Sea Projects
Ed Balls Urges Keir Starmer and Rachel Reeves to Address Winter Fuel Payments Controversy
British Army Major General Dismissed for Unwanted Advances
Campaigners Urge Bold Actions to Combat Rising Heart Disease in UK
UK Requires One Trillion Pounds Investment for Economic Growth
Plan to House Asylum Seekers at Former Dambusters Home Dropped
UK Drops Indecent Assault Charges Against Harvey Weinstein
Return of Brazilian Artworks to Bahia
UK Signs Landmark International AI Treaty
Demand for Justice After Death of Ugandan Runner Set on Fire
Ukraine's Major Government Reshuffle: Andrii Sybiha Appointed New Foreign Minister
North Korea Executes Officials Over Flood Response
French Woman Testifies in Landmark Rape Trial
Sicily Yacht Disaster: Fatal Asphyxiation Claimed More Lives
Michel Barnier Appointed as Prime Minister of France
The art technique of Grandma Mei Ling, age 82
Mongolia Refuses to Arrest Putin Despite ICC Warrant
UK State Pension to Increase by Over £400 Annually
Amazon Announces 10% Pay Increase for UK Workers
Grenfell Tower Fire Inquiry Demands Swift Justice
French Police Clear Migrant Camp Near Calais
New Law Proposes Jail Time for Covering Up Sewage Dumping in England and Wales
John Swinney's Government Programme Faces Criticism in Scotland
France Pilots Mobile Phone Ban in Schools
Priti Patel Eliminated in First Round of Tory Leadership Race
And Justice for ALL: Elon Musk threatens to go after Brazilian government assets
WHO-Led Study Finds No Link Between Mobile Phones and Brain Cancer
US Charges Hamas Leaders With Terrorism Over October 7 Attack on Israel
Russian Missile Strike Kills 49 in Poltava, Ukraine
Major Cabinet Resignations in Ukraine
Tory Leadership Candidates Criticize Rivals' Promises to Leave ECHR
Campaigners Propose Pay-Per-Mile Charge for UK Electric Cars
Labour Urged to Shift Asylum Policy Rhetoric
Hossein Shamkhani: The Rise of an Oil Tycoon
Putin Defies ICC Arrest Warrant with Mongolia Visit
Frenchman On Trial for Decade-long Abuse of Drugged Wife
The British bus driver explains to usual suspects that they cannot travel without a ticket. Education is important.
Irish Police Arrest Enoch Burke, the teacher who refuses to endorse and affirm transgender ideology
US Soldier Attacked in Turkey
Switzerland Urged to Reconsider Its 500-Year Neutrality
AfD's Historic Victory in Thuringia State Election, Germany
×