The government’s Rwanda bill is “fundamentally incompatible” with human rights law, MPs and peers have warned.
A report from parliament’s Joint Committee on Human Rights, published on Monday, said the proposed legislation “risks untold damage” to the UK’s reputation as an international leader on the issue.
Rishi Sunak’s flagship policy to “stop the boats” would result in asylum seekers coming to the UK via Channel crossings being deported to the African nation.
But his plan has been dogged with delays and controversy, from splitting the Conservative Party over those who want to toughen or scale back the plan, to condemnation from charities and opposition parties.
It was ruled unlawful by the Supreme Court at the end of last year. However, the government has been determined to push ahead, signing a new treaty with Rwanda and adjusting the legislation to define the nation as a “safe country”.
The bill has passed its first parliamentary stage in the House of Commons, but will be heading to the Lords this afternoon, where it is expected to face fierce criticism from peers.
Please use Chrome browser for a more accessible video player
2:57
Archbishop of Canterbury Justin Welby is one of many peers to speak out against the bill
In the committee report, the membership took particular issue with plans to limit appeals against deportations, saying it breached the UK’s legal obligations – most obviously Article 13 of the European Convention on Human Rights (ECHR), the right to an effective remedy.
They also attacked the move to allow ministers to decide whether or not to adhere to rulings of the European Court of Human Rights over deportations, saying the measure “openly invites the possibility of the UK breaching international law”.
Advertisement
And they said they were “not persuaded” parliament could be “confident” in naming Rwanda as a safe country, adding: “We consider that the courts are best placed to resolve such contested issues of fact.”
Please use Chrome browser for a more accessible video player
0:59
Michael Gove on whether flights will take off to Rwanda
Chair of the joint committee, the SNP’s Joanna Cherry, said: “This bill is designed to remove vital safeguards against persecution and human rights abuses, including the fundamental right to access a court. Hostility to human rights is at its heart and no amendments can salvage it.
Spreaker
This content is provided by Spreaker, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable Spreaker cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to Spreaker cookies.
To view this content you can use the button below to allow Spreaker cookies for this session only.
“This isn’t just about the rights and wrongs of the Rwanda policy itself. By taking this approach, the bill risks untold damage to the UK’s reputation as a proponent of human rights internationally.
“Human rights aren’t inconvenient barriers that must be overcome to reach policy goals, they are fundamental protections that ensure individuals are not harmed by government action. If a policy is sound it should be able to withstand judicial scrutiny, not run away from it.”
But the government continues to stand by the bill, with a Home Office spokesperson saying: “We are committed to tackling this major global challenge with bold and innovative solutions, and the Rwanda scheme is doing just that.
“The bill we have introduced, and the treaty alongside it, are the best way of getting flights off to Rwanda as soon as possible.
“Rwanda is clearly a safe country that cares deeply about supporting refugees. It hosts more than 135,000 asylum seekers and stands ready to relocate people and help them rebuild their lives.”
The Australian crypto industry has called on the newly reelected Labor government to urgently make digital asset legislation a top priority to ensure Australia doesn’t fall further behind global markets.
The incumbent Australian Labor Party was returned in a landslide on May 3, picking up 54.9% of the two-party-preferred vote, against the Liberal and National Parties on 45.1%. Both parties went to the election promising crypto law reform, but only the opposition pledged to deliver draft legislation within 100 days.
Joy Lam, Binance’s head of global regulatory and APAC legal, said the exchange has been consulting with Treasury officials since late 2023 about its proposed legislation, and it was now time for action.
“Timing is really quite critical now because obviously it’s something that has been discussed and kicked around for quite a few years,” she told Cointelegraph.
Coinbase managing director for APAC John O’Loghlen said the reelected Albanese Government has the “opportunity and the responsibility to move quickly on this issue” and called for a Crypto-Asset Taskforce to be established within its first 100 days “with the aim of bringing forward legislation that protects consumers, promotes innovation, and stops the exodus of talent and capital to other markets.”
Reelected Prime Minister Anthony Albanese. Source: Anthony Albanese
BTC Markets CEO Caroline Bowler said that“beyond the political implications, this result sets the stage for meaningful progress in Australia’s approach to digital asset regulation.”
“So there’s a very clear shift. Everyone’s moving towards providing the regulatory framework that is needed for the industry to develop in a sustainable way. So time is really of the essence now.”
Draft crypto legislation within months
Treasurer Jim Chalmers’ office told Cointelegraph that exposure draft legislation would be released sometime this year for consultation, and any legislated reforms would be “phased in over time to minimize disruptions to existing businesses.”
Although the Treasury has draft legislation on “regulating digital asset platforms” and “payments system modernization” scheduled for release by the end of June, Lam isn’t confident. “I don’t know whether this quarter specifically is still sort of the timeline,” she said.
While the ALP has been attacked by some over not taking any action in its first term in government, that may actually have resulted in a better outcome than legislation that took its cues from the approach of Joe Biden’s administration, which took a hard line on banks dealing with cryptocurrency and viewed most coins as securities.
Industry figures report a noticeable evolution in the government’s approach to crypto between when proposals were first put out for consultation at the end of 2023 and when the Treasury released its much more positive “Statement on Developing an innovative Australian digital asset industry” in March this year.
Australia Votes running tally on the Australian election. Source: ABC
The statement sets out key priorities, such as using the existing Australian Financial Services License (AFSL) regime to underpin the regulation of Digital Asset Platforms and payment stablecoins. It’s focused on the safe custody of client assets by centralized providers and sidesteps issues around decentralized finance platforms.
Lam welcomed the use of the AFSL regime. “Obviously, we don’t need to reinvent the wheel,” she said. “It’s something that people know and understand. It’s a pretty sensible move, and it’s also going to be much easier for regulators.”
Tokenization and sandbox
The government will also review the Enhanced Regulatory Sandbox, which aims to provide space for innovative digital asset startups to grow free of red tape. The statement also highlights opportunities with tokenization.
Lam said the change in emphasis showed the government has been listening to the industry.
“It reflects the industry feedback that they would have received in 2023 as a result of the consultation, as well as the changing landscape because obviously it’s been evolving pretty quickly internationally,” Lam said.
“They do have the benefit now of looking at what has worked and hasn’t worked in other jurisdictions, and really building on those lessons.”
Dea Markovy, policy director at Fireblocks, told Cointelegraph that “a lot of the groundwork and research is done” and it was looking broadly positive.
“Of course, a lot of details are still to come around Australia’s Digital Asset Platforms (DAPs) regime. What is significant here is the willingness of the Government to cut through the complexity and uncertainty on crypto intermediaries licensing.”
The securities regulator ASIC released its own crypto regulations proposals (INFO 225) in December, and feedback from those consultations will help inform the government’s new legislation.
“In essence, it details how different token issuances and crypto intermediation will fit into Australia’s existing securities legislation, providing for a transition period,” explained Markovy.
The draft guidance suggests NFTs, in-game assets and memecoins are not financial products — the local equivalent of a “security” — while a yield-bearing stablecoin or a gold-backed token probably are.
The Treasury statement also highlighted issues with debanking. Lam said that simply regulating the industry would go a long way toward solving the issue.
“What we really want from governments and regulators is that clean licensing framework, because that goes a long way to mitigating the risk and giving the banks the comfort that they need,” she said. “And then, there’s probably going to need to be some additional guidance given to banks.”
Health Secretary Wes Streeting has defended “unpopular” policies such as the cut to the winter fuel allowance despite Labour’s poor performance at the local elections.
Mr Streeting denied the government had made any mistakes when asked whether the policy was partly to blame for the party losing 189 council seats less than a year since the General Election.
Since coming into government last July, Labour has enacted a number of policies that were not in its manifesto.
Asked what mistakes his government had made so far that had led to its drubbing at the ballot box, Mr Streeting told Sunday Morning with Trevor Phillips: “Well, we will make plenty of mistakes.”
Pressed again on whether he believed “mistakes” had been made, the health secretary replied: “No. When we made those choices, we knew they would be unpopular. And we knew that they would be opposed.
“The reason we made those choices is because we genuinely believe they’re the right choices to get the country out of the massive hole it was left in. And right across the board. Whether it’s the NHS, whether it’s schools, whether it’s prisons, whether it’s our defence and security, whether it’s crime and policing, there were enormous challenges facing this country when we came in.
“And we’ve had to make big and sometimes unpopular decisions so that we can face those challenges and deal with them. People might thank us if we just kind of go for the easy but we want to make the right choices.”
Some Labour MPs have urged the government to change direction, with one telling Sky News the cut to winter fuel was a “catastrophic error” that must be “remedied” if the party is to see any improvement in public opinion.
Others have warned that in courting Reform voters, the party risks fracturing its coalition of voters on the left who may be tempted by the Liberal Democrats and Green Party.
However, in the aftermath of the local elections, Sir Keir Starmer suggested the poor results meant he needed to go “further and faster” in delivering his existing agenda.
Please use Chrome browser for a more accessible video player
6:11
Inside Reform’s election success
The real victor to emerge from Thursday’s local elections was Reform UK, which won control of 10 councils and picked up 677 council seats largely at the expense of the Conservatives in the south.
However, Reform also won the Runcorn by-election from Labour by just six votes, as well as control of Doncaster Council from Labour – the only local authority it had control of in this set of elections – in a significant win for Nigel Farage and his party.
The Reform UK leader declared that two-party politics was now “finished” and that his party was now the official “opposition” to Labour.
Asked whether the results meant that Labour would now treat Reform as “your most serious opposition”, Mr Streeting said: ” I certainly do treat them as a serious opposition force.”
“As I say, I don’t know whether it will be Reform or the Conservatives that emerge as the main threat,” he added.
“I don’t have a horse in that race, but like alien versus predator, I don’t really want either one to win.”
Please use Chrome browser for a more accessible video player
1:50
Reform UK are ‘fighting force’
Tory Party chairman Nigel Huddleston said Reform UK was not just a protest party and that Mr Farage was “a force in British politics”.
He told Trevor Phillips: “But the one thing about Nigel Farage is, and we’re seeing this again and again and again, he is a populist.
“He is increasingly saying everything that anybody wants to hear. He’s trying to be all things to all men.”
“We are establishing ourselves as a credible alternative government based on sound conservative principles and values and our values and our principles, and therefore our policies, will define the future of our party,” he added.
Kemi Badenoch has admitted it is “feasible” that Nigel Farage could become the next prime minister.
The Tory leader told the BBC’s Sunday With Laura Kuenssberg programme Mr Farage’s party was “expressing the feeling of frustration that a lot of people around the country are feeling” – but added it was her job to “come up with answers and solutions”.
Asked if it was feasible that Mr Farage could be the next prime minister, she cited how Australian Prime Minister Anthony Albanese had won re-election this weekend.
“As I said, anything is feasible,” she said. “Anthony Albanese: people were writing him off. He has just won a landslide, but my job is to make sure that he [Farage] does not become prime minister because he does not have the answers to the problems the country is facing.”
Please use Chrome browser for a more accessible video player
0:54
Could Nigel Farage be prime minister?
Asked what Mr Farage was doing right, Ms Badenoch said: “He is expressing the feeling of frustration that a lot of people around the country are feeling.
“But he also doesn’t have a record in government like the two main parties do. Now he’s going to be running some councils. We’ll see how that goes.”
Mr Farage was the undoubted winner of Thursday’s local elections, in which 23 councils were up for grabs.
His party picked up 677 council seats and took control of 10 councils.
By contrast, the Conservatives lost 677 council seats as well as control of 18 councils in what was their worst local elections performance on record.
Mr Farage said the outcome spelt the end of two-party politics and that his party was now the official “opposition” to Labour – with the Tories having been rendered a “waste of space”.
Ms Badenoch said she believed the vote for Mr Farage on Thursday was partly down to “protest” but added: “That doesn’t mean we sit back. We are going to come out fighting.
“We are going to come out with the policies that people want to see, but what we are not going to do is rush out and tell the public things that are not true just so we can win votes.
“This is not about winning elections; this is about fixing our country. Yes, of course, you need to win elections to do that, but you also need a credible plan.”
Please use Chrome browser for a more accessible video player
10:39
‘Farage is a force in British politics’
Conservative co-chairman Nigel Huddleston sought to play down the threat from Reform UK, telling Sky News: “When they’re in a position of delivering things, that’s when the shine comes off.”
He told Sunday Morning with Trevor Phillips: “The one thing about Nigel Farage is, and we’re seeing this again and again and again, he is a populist.
“He is increasingly saying everything that anybody wants to hear. He’s trying to be all things to all men.”
“We are establishing ourselves as a credible alternative government based on sound conservative principles and values and our values and our principles, and therefore our policies, will define the future of our party,” he added.
Asked whether the results meant that Labour would now treat Reform as “your most serious opposition”, Health Secretary Wes Streeting told Trevor Phillips: ” I certainly do treat them as a serious opposition force.”
“As I say, I don’t know whether it will be Reform or the Conservatives that emerge as the main threat,” he added.
“I don’t have a horse in that race, but like alien versus predator, I don’t really want either one to win.”