Immigration bill a ‘step too far’ for Tory grandee Clarke
Rishi Sunak’s Rwanda law risks moving the UK towards an “elective dictatorship”, Tory grandee Ken Clarke has warned.
Lord Clarke of Nottingham broke ranks with Tory colleagues over the Safety of Rwanda (Asylum and Immigration) Bill, claiming it was a “step too far”. He had supported the Government's previous attempt to bolster immigration law, the Illegal Migration Act, during its passage through the Lords last summer.
But the former chancellor said he could not do the same for the latest law change, which would declare Rwanda a “safe” country in law, and prevent courts from considering evidence to the contrary in legal challenges.
Lord Clarke told peers: “At the moment, having considered it carefully, I must say I think the details of this Bill or its main point in clause 2 are a step too far, for me, and I don’t think I can possibly support this Bill unless it is substantially amended as it goes through this house, and we should urge the Commons to revise it.”
He said he agreed in principle with the idea of removing migrants to a safe third country, and that it was “necessary to have a credible and effective policy on illegal migration”, as it had a “symbolic effect” on public opinion.
“If they think we have lost control then that threatens a very nasty change in public attitudes caused by doubts,” he warned.
But the Tory peer said Parliament overruling the courts on Rwanda's safety set a “very dangerous constitutional provision”.
Lord Clarke, who served as justice secretary in David Cameron's coalition government, told peers: “I hope it will be challenged properly in the courts, because we have an unwritten constitution and it gets more and more important that we do make sure that the powers in this country are controlled by some constitutional limits and are subject to the rule of law.
"Somebody has already said in this debate that... claiming the sovereignty of Parliament (is like) claiming the colour black is the same as the colour white, or dogs are cats.
“More seriously, that someone who has been acquitted of a criminal charge is guilty of that criminal charge and should be returned to the courts for sentence.
“Where are the limits? I always feared, as time goes by in my career, echoes of the warnings that Quintin Hailsham used to give us all about the risks of moving towards an elective dictatorship in this country, and the sovereignty of Parliament has its limits, which are the limits of the rule of law, separation of powers and what ought to be the constitutional limits on any branch of government in a liberal democratic society such as ours.”
Lord Clarke urged ministers to return to the courts to prove the safety of Rwanda, rather than pursuing the Bill.
He said: “I do think if the Government wishes to demonstrate the facts have changed then some means should be found of going back to the court, facing another challenge, having a proper hearing of up-to-date evidence in the light of demonstrated improvement in the situation in Rwanda, getting a fresh judgment, if necessary, from the Supreme Court.”
He urged other peers not to back a Liberal Democrat amendment to the Bill, aimed at halting its progress through Parliament.