Tag: Chelmsford

On 14th February 2024, the Bishop of Chelmsford spoke in a committee debate on the Safety of Rwanda (Asylum and Immigration) Bill, in support of amendment amendment 33 to the bill, which specified the route to be taken by Parliament if a court declares the bill incompatible with the Human Rights Act 1998:

The Lord Bishop of Chelmsford: My Lords, I support Amendment 33 from the noble Lord, Lord Kirkhope of Harrogate, to which I am a signatory. I am grateful to the noble Lord for the amendment and I welcome the opportunity to discuss the role of Parliament if a higher court were to declare this legislation to be incompatible with the convention right, or indeed a number of rights.

We should not forget that the Government have been unable to make a statement in the Bill that it is compatible with convention rights. As the Government nevertheless wish Parliament to proceed with the Bill, it seems prudent to probe what the role of Parliament would be in determining how any potential incompatibility should be addressed. In fact, the Attorney-General has said in the Government’s own legal position paper that it should be for Parliament to address any determination of incompatibility by the courts. The noble Lord, Lord Kirkhope, has eloquently set out the motivation for this amendment, and I agree that what it does is simply to expound what parliamentary sovereignty would look like in this context.

Continue reading “Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Chelmsford points out importance of equality before the law”