header-logo header-logo

08 March 2024 / Michael Zander KC
Issue: 8062 / Categories: Features , Immigration & asylum
printer mail-detail

Tracking the Rwanda Bill (Pt 2)

162777
In the second part of a special NLJ series, Michael Zander KC considers whether the UK must follow interim measures imposed by the Strasbourg court
  • Analyses the House of Lords Committee stage of the Safety of Rwanda (Asylum and Immigration) Bill, particularly regarding the government’s position on whether it must follow the ECtHR’s interim measures.

The politically charged question of whether the UK is required to follow interim decisions of the European Court of Human Rights (ECtHR) was given serious attention on 19 February during the House of Lords Committee stage of the Safety of Rwanda (Asylum and Immigration) Bill.

The government’s position, advanced by Lord Stewart of Dirleton, Advocate General for Scotland, was based on the generally accepted proposition that international law is only binding on UK courts if translated into UK law. But that does not dispose of the issue since all countries are required to follow international law.

Clause 5 of the Bill deals with ECtHR interim measures relating to the intended removal of a person to the Republic of Rwanda. The clause provides: ‘It is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll