The Joint Committee on Human Rights is conducting legislative scrutiny of the Illegal Migration Bill as the Bill engages numerous rights under the European Convention on Human Rights (ECHR) which are given effect in domestic law by the Human Rights Act 1998 (“the HRA”).
The Illegal Migration Bill was introduced in the House of Commons on 7 March 2023 and had its Second Reading debate on 13 March. Upon introduction of the Bill the Home Secretary, the Rt Hon Suella Braverman KC MP, made a statement required under the HRA that she was unable to certify that the provisions of the Bill are compatible with Convention rights but nevertheless wishes the House to proceed with the Bill (this is known as a section 19 (1) (b) statement).
The Government has said that purpose of the Bill is to “create a scheme whereby anyone arriving illegally in the UK will be promptly removed to their home country or to a safe third country to have any asylum claim processed”. The Government has also said the Bill will:
- deter illegal entry into the UK;
- break the business model of the people smugglers and save lives;
- promptly remove those with no legal right to remain in the UK; and
- make provision for setting an annual cap on the number of people to be admitted to the UK for resettlement through safe and legal asylum routes.
Read our call for evidence.