Lecture 8: Parliament, Government and the Courts Flashcards
What does the Rule of Law principle entail?
The government operates under law, respecting and enforcing court decisions and international law. It contrasts with rule by men (arbitrary government) and rule by law (using law as a political tool).
What is the difference between Rule of Law and Rule of Men?
Rule of Law decreases the arbitrariness in government, while Rule of Men allows government to operate based on individual discretion and arbitrariness.
What does Separation of Powers aim to ensure?
It ensures a balance of powers, checks and balances, and the independence of the judiciary to prevent any one branch of government from becoming too powerful.
What is Parliamentary Sovereignty?
It means that Parliament can make and unmake any law, and no other state body, including courts, can set these laws aside.
What is Accountability in governance?
Accountability refers to the relationship between an actor, who must explain and justify their conduct, and an accountability forum, which asks questions and/or passes judgment on that conduct.
What is Political Accountability?
It involves mechanisms where government ministers are held responsible for their actions and conduct, such as through ministerial responsibility, select committees, public inquiries, and elections.
What is Ministerial Responsibility in political accountability?
Government ministers must explain their actions and conduct in various ways, ensuring they are held accountable for their department’s work.
What role do Select Committees play in Political Accountability?
Select committees are specialist parliamentary groups that write detailed reports on aspects of government policy and administration, holding ministers accountable.
How do Public Inquiries contribute to Political Accountability?
Public inquiries investigate matters of grave public concern, ensuring government actions are scrutinized and questioned.
What is the role of Elections in Political Accountability?
Elections are the ultimate form of political accountability, allowing the public to vote out those in power who are dissatisfied with the government’s conduct.
What is Administrative Accountability?
It ensures that government policies are implemented effectively and efficiently, often overseen by bodies like ombudsmen and audit offices.
What is the role of Ombudsmen in Administrative Accountability?
Ombudsmen investigate complaints against government agencies to ensure effective and efficient policy implementation.
What is Legal Accountability?
Legal accountability ensures that the government acts within the scope of its legal powers, with checks from tribunals and courts.
How do Tribunals and Courts contribute to Legal Accountability?
They hold the government accountable by ensuring it acts within its legal powers, providing legal recourse for individuals affected by government actions.
What is the Rwanda Policy for asylum seekers?
The Rwanda Asylum Policy, established under the UK-Rwanda Economic Development Partnership (MOU), allows for asylum seekers arriving illegally in the UK to be relocated to Rwanda for their asylum claims to be considered.
When was the UK-Rwanda Economic Development Partnership signed?
It was signed on 13 April 2022 in Kigali, establishing the Rwanda Asylum Policy.
What was the Home Secretary Priti Patel’s statement regarding the Rwanda Policy?
Priti Patel stated that the new plan for immigration would improve support for those fleeing oppression, deter illegal entry routes, make removal of individuals without legal rights easier, and control both legal and illegal immigration (Hansard, HC Deb. 19 April 2022).
What did the Rwanda Policy involve for asylum seekers traveling to the UK?
Under the policy, asylum seekers who travel to the UK by illegal and dangerous routes, such as small boats across the channel, may be relocated to Rwanda for their asylum claims to be considered.
How was the Rwanda Policy received by Parliament?
The Rwanda policy was not well received by some opposition members, including former Prime Minister Theresa May, who criticized the policy on grounds of legality, practicality, and efficacy (Hansard, HC Deb. 19 April 2022).
What groups and organizations opposed the Rwanda Policy?
The policy was opposed by the EU, the Archbishop of Canterbury, UNHCR, and 150 other organizations who expressed their concerns.
How much parliamentary scrutiny did the Rwanda Policy receive?
The policy received very little scrutiny before the agreement was signed, as it was not considered a treaty. After the agreement, there were statements in Parliament and reviews by several parliamentary committees, including the Home Affairs Select Committee and the Joint Committee on Human Rights (JCHR).
When did parliamentary scrutiny of the Rwanda Policy begin?
Parliamentary scrutiny began after the agreement was signed in April 2022, with reviews by the Home Affairs Select Committee (May 2022), JCHR (June 2022), and Women and Equalities Committee (June 2023).
What is one key committee that scrutinized the Rwanda Policy?
The Home Affairs Select Committee conducted multiple reviews of the Rwanda Policy, with discussions taking place in May 2022 and July 2023.
What happened on 10 May 2022 regarding the Rwanda Policy?
The UK government announced the start of relocation flights under the Rwanda Policy, with the first flight scheduled for 14 June 2022.
What legal action did individuals take regarding the Rwanda Policy?
Individuals began applying for judicial review (JR) and injunctions to prevent their removal under the Rwanda Policy.
What happened with UK court injunctions related to the Rwanda Policy?
Applications for injunctions in UK courts were refused, but applications under the European Court of Human Rights’ (ECtHR) interim measures procedure were granted, leading to the cancellation of the first flight just before takeoff.
What case involved ECtHR interim measures in relation to the Rwanda Policy?
The case N.S.K. v. the United Kingdom (application no. 28774/22) granted an interim injunction under ECtHR measures, which led to the cancellation of the first flight.
What was the outcome of UK High Court (HC) review of the Rwanda Policy?
The High Court found the Rwanda Policy to be lawful but granted permission to appeal, leading to the suspension of removals until the appeal’s outcome.
What was the Court of Appeal (CA) decision on the Rwanda Policy?
The Court of Appeal ruled the Rwanda Policy unlawful by a 2-1 majority, with the Lord Chief Justice dissenting, arguing that Rwanda was not a “safe” country and posed a high risk of ‘refoulment’ (returning refugees to unsafe countries).
What was the UK Supreme Court (UKSC) decision on the Rwanda Policy?
The UK Supreme Court unanimously held that sending asylum seekers to Rwanda under the Rwanda Policy was unlawful in the case R (AAA and others) v Secretary of State for the Home Department [2023] UKSC 42.
What significant change occurred regarding the Rwanda Policy in November 2023?
The MOU became a formal treaty, and James Cleverly announced the government would introduce emergency legislation to confirm that Rwanda is ‘safe’.
What does the Constitutional Reform and Governance Act 2010, s20 say about the ratification of treaties?
Treaties must be laid before Parliament for 21 days before ratification. If neither House objects, the treaty is ratified. If one House objects, the Minister may make a statement explaining why the treaty should still be ratified.
What was the recommendation of the Home Affairs Select Committee regarding the Rwanda treaty?
The Home Affairs Select Committee recommended a debate on the treaty before its ratification.
What was the position of the Lords International Agreements Committee on the Rwanda treaty?
The Lords International Agreements Committee was against ratification of the Rwanda treaty.
What happened during the House of Lords (HL) whole house debate on the Rwanda treaty?
The House of Lords held a whole house debate and was against ratification of the treaty.
What is the Home Secretary’s next step regarding the Rwanda treaty in April 2024?
On 25 April 2024, the Home Secretary is set to make a statement to ratify the Rwanda treaty.
What does Section 2(1) of the Safety of Rwanda (Asylum and Immigration) Act 2024 state?
Section 2(1) requires every decision-maker to treat the Republic of Rwanda as a safe country when making decisions related to asylum claims.
What does Section 2(3) of the Safety of Rwanda (Asylum and Immigration) Act 2024 prohibit?
Section 2(3) prohibits courts or tribunals from reviewing or considering an appeal against a decision to remove someone to Rwanda based on the grounds that Rwanda is not a safe country.
What does Section 3(2) of the Safety of Rwanda (Asylum and Immigration) Act 2024 specify regarding the Human Rights Act 1998?
Section 3(2) disapplies certain provisions of the Human Rights Act 1998 for asylum claims related to relocation to Rwanda, specifically sections 2, 3, and 6-9 of the HRA.
What is the effect of the Safety of Rwanda (Asylum and Immigration) Act 2024?
The Act contradicts the UK Supreme Court’s factual finding and disapplies certain provisions of the Human Rights Act 1998 in relation to asylum claims to Rwanda. It may also put the UK in breach of international obligations, including those under the European Court of Human Rights.
When was the Safety of Rwanda (Asylum and Immigration) Act 2024 introduced?
The Act was introduced on 7 December 2023.
What was the Joint Committee on Human Rights (JCHR)’s position on the Safety of Rwanda (Asylum and Immigration) Act 2024?
The JCHR warned that disapplying international law risks damaging the UK’s reputation and encouraging other states to disregard the international legal order (Second Report, Session 2023-2024, HC 435, HL 62).
What did Baroness Chakrabati say during the House of Lords Committee stage regarding the Safety of Rwanda (Asylum and Immigration) Act 2024?
Baroness Chakrabati argued that the legislation threatens the constitutional settlement by overturning the UK Supreme Court’s factual determination that Rwanda is not safe for asylum seekers (Hansard, 12 February 2024, HL Deb Vol.836, Col. 18).
What was the outcome of the Safety of Rwanda (Asylum and Immigration) Act 2024 in Parliament?
The Act went through the ping-pong process, with House of Lords amendments rejected by the House of Commons, and received Royal Assent on 25 April 2024.
What did Robert Jenrick, the Minister for Immigration, do in relation to the Safety of Rwanda (Asylum and Immigration) Act 2024?
Robert Jenrick resigned in December 2023, stating that he did not believe the legislation would provide the best chance of success and voted against the Bill because it did not go far enough (Resignation letter, 6 December 2023).
How did the government respond to legal accountability regarding the Rwanda Policy?
The government ignored the European Court of Human Rights (ECtHR) and UK courts’ decisions by using Parliamentary sovereignty to oust the jurisdiction of the court through the Safety of Rwanda Act.
What is the future of the Safety of Rwanda (Asylum and Immigration) Act 2024?
While the Act remains in force, a Labour government has pledged to repeal it.
