It’s got to the rishi, dodgy shit going on with laws - should be done by Monday
Shit isn’t good
Uk is fucked
PM Rishi Sunak Is proposing a new law to send the invaders back. Note the bit where it says this may affect Human Rights Act 1998……
An emergency bill could only change UK domestic law
The plan for emergency primary legislation rather suggests that the new treaty, on its own, will not do the trick and meet the concerns set out by the Supreme Court.
What might such a bill say? Again we don’t have the detail. It looks as though it will, somehow, tell the courts to regard Rwanda as safe for all relevant purposes. The bill might also say that this deeming provision is to override any other, potentially inconsistent, law (for example the Human Rights Act 1998). That would be a version of the “notwithstanding clause” favoured by Suella Braverman. The bill might go further and (for example) declare inconsistent orders of the European Court of Human Rights (ECtHR) to be unenforceable. (Section 55 of the Illegal Migration Act 2023 already provides for Ministers to choose whether or not to comply with rule 39 interim orders of the ECtHR, though that section is not yet in force.)
The idea of declaring Rwanda to be safe is a startling one. It would amount to parliament making an assessment of fact (about arrangements in Rwanda) which is directly contrary to the recent findings of the Supreme Court. Would it work though? I think it might, as a matter of domestic law. Ultimately, one would expect the (UK) courts to give effect to such primary legislation, if drafted sufficiently tightly and unambiguously. That would (probably) close off challenges in the domestic courts.
Even if the bill did not explicitly exclude the application of the Human Rights Act, under that Act the courts cannot strike down primary legislation. They can only make a declaration of incompatibility under section 4, leaving it up to the government to decide how (if at all) to respond.
https://www.instituteforgovernment.org.uk/comment/supreme-court-rwanda-rishi-sunak-response
If this happens the UK Is royally fucked