Illegal Migration Bill: Access to Justice

4. What recent discussions he has had with Cabinet colleagues on the potential impact of the Illegal Migration Bill on access to justice.

14. What recent discussions he has had with Cabinet colleagues on the potential impact of the Illegal Migration Bill on access to justice.

The Illegal Migration Bill will break the business model of ruthless people-smuggling gangs, deter migrants from making dangerous channel crossings, and restore fairness to our asylum system. The Bill provides a robust but fair legal framework to remove illegal migrants swiftly while ensuring the proper opportunity to appeal remains. I am working closely with colleagues on the implementation of the Bill.

Access to justice is a basic human right, and judicial review is a particularly vital safeguard against unlawful state decision making, so why are the Government blocking the opportunities for judicial review in the Illegal Migration Bill? Does that not reflect a Government who are perhaps not so confident about the actual legality of the Bill?

No, absolutely not. Access to justice is at the heart of the Bill, and indeed we make sure that where it is necessary, people can have the legal advice to make those points. But the hon. Gentleman’s question is a little rich in circumstances where the SNP seems hellbent on getting rid of jury trials in some of the most significant cases. We are absolutely clear that juries are the lamp of our liberty. We will not be getting rid of them—why is the hon. Gentleman so keen to do so?

In relation to that answer, as Lord Reed set out clearly in the Supreme Court in 2017, the principle of “unimpeded access” to the courts is a right that can be traced all the way back to Magna Carta. How will the courts be able effectively to uphold the rule of law if the UK Government use legislation to shut off legal avenues for judicial review?

Respectfully, the hon. Gentleman may not have quite read the entirety of the Bill, which makes it clear that in appropriate cases where there is an imminent risk of serious and irreversible harm, there will be the opportunity to make those points. He mentions Magna Carta; Magna Carta also includes the right to be tried by a jury of one’s peers, which he apparently wants to get rid of. I am interested to note that one of the most effective critics of that proposal was none other than the most eminent Scottish jurist Lord Hope of Craighead.

I call the SNP spokesperson.

I start by congratulating the new Justice Secretary on his appointment: he has always come across as a measured and principled parliamentarian, and someone who is very serious about the rule of law. But what better way to trash that hard-earned reputation than by penning a joint opinion piece with the Home Secretary in defence of the outrageous Illegal Migration Bill, which blatantly trashes four international rights conventions and which the Law Society itself has warned has serious implications for the UK’s standing as a country that upholds the rule of law? Why is the Justice Secretary defending the Home Secretary instead of the rule of law?

The rule of law is absolutely essential to who we are as a nation. It does mean, on the one hand, that no one should be mightier than the law and we should all be accountable equally before it, but it also means that where there are those who break the law—I pause to note that arriving illegally in the UK has been against the law for decades—there must be consequences. If there are not, the rule of law is brought into disrepute. That would be bad for our country and, indeed, for the international rules-based order.