Statement by TUV leader Jim Allister:-
“The Rwanda Bill, designed to ease removal of illegal immigrants from the U.K., will lack full and effective impact in Northern Ireland, because of the Protocol.
“The basis of the Bill’s attempt to ease flights to Rwanda is to diminish legal challenges by setting aside various aspects of the ECHR and other ‘human rights’ declarations. However, it leaves untouched the key ‘human rights protections’ on which illegal immigrants can rely in Northern Ireland – these are the provisions which continue to be imposed by the Protocol.
“Under Article 2(1) of the Protocol the EU’s Charter of Fundamental Rights (which mirrors much of the ECHR) is enforceable in NI, as confirmed recently in the High Court. Other potentially relevant EU laws may also be applicable through S 7A of the EU Withdrawal Act 2018 and indeed the Belfast Agreement is said to guarantee retention of the ECHR in NI.
“This EU Charter of Fundamental Rights is not included in the Bill as among the coterie of human rights provisions being set aside. Thus, it will remain in full force in NI and thereby afford any illegal immigrant that HMG seeks to deport from NI protections and legal arguments nullified elsewhere in the U.K.
“Not only does this make NI a potential haven for illegal immigrants but it underscores, again, in legislation our detached position in the U.K. as the only part still subject to foreign EU law.
“This is a wholly unacceptable situation which amendments to the Bill must address.”