How does the bill fit in with existing human rights legislation, and will it be challenged?
Suella Braverman was yesterday unable to confirm whether the bill is compatible with the European convention on human rights. But the government inserted what is called a section 19(1)(b) statement into the bill, which indicates the government intends to proceed.
Alexander Horne, a former parliamentary lawyer, described such a statement as a "big red flashing light". He said: "Let's say that this bill gets on the statute book. What you're eventually doing is saying, well, the domestic courts will issue a declaration of incompatibility, saying that this isn't compatible with our convention rights, but because it's primary legislation they can't overrule it, they just have to go along with it.
"It will then go to Strasbourg because you've exhausted your domestic remedies, and you're effectively giving quite strong signalling to Strasbourg, saying read the convention in this way or if you don't, tonight, you're setting up a conflict with the UK."
Horne said the right to family life (article 8) was the most likely convention right to be the subject of a challenge, but others were also possible, such as the prohibition of degrading, inhuman treatment (article 3).
Charlie Whelton, the policy and campaigns officer at Liberty, said the fact that in the past the government had not resorted to 19(1)(b) "flags up that this will absolutely, without any doubt whatsoever, be challenged".
هذه القصة مأخوذة من طبعة March 08, 2023 من The Guardian.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 8500 مجلة وصحيفة.
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هذه القصة مأخوذة من طبعة March 08, 2023 من The Guardian.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 8500 مجلة وصحيفة.
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