Proposed new powers for ministers to ignore interim ‘pyjama’ injunctions from the European Court of Human Rights were attacked by legal professional bodies today. According to press reports this morning, the government is proposing to amend the Illegal Migration Bill to prevent Rule 39 injunctions from the Strasbourg court from stopping deportation flights. 

The Home Office has also agreed to amend the bill to ensure that the only way in which a migrant who arrives illegally can avoid being removed from the UK will be by proving they face a 'real risk of serious and irreversible harm' in the territory to which they are being deported.

Responding to the reports, Law Society deputy vice president Richard Atkinson said:  'If the UK were to refuse to comply with a European Court of Human Rights ruling this would entail a clear and serious breach of international law. 

'The rule of law means governments respect and follow domestic and international law and disputes are ruled on by independent courts.  This amendment would undermine the global rules-based order, set a dangerous precedent within the international community and damage the UK’s standing in the world.'

Bar chair Nick Vineall KC said: 'Legislating to allow the UK government to ignore the rulings of a court undermines the rule of law, which is the foundation upon which domestic and international justice systems are built. How can a government expect citizens to respect judicial rulings if it is willing to ignore them itself?'

He added that the representative body 'echoes the concerns raised by the former Lord Chief Justice Lord Thomas. This would be bad law, sets a dangerous precedent, and risks serious damage to the UK’s international reputation. We urge the Government to reconsider this move.'

The bill returns to the House of Commons for its report stage next week.

 

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