Rishi Sunak has said the government will appeal against a court ruling that provisions of the UK’s Illegal Migration Act – which created powers to send asylum seekers to Rwanda – should be disapplied in Northern Ireland.
The High Court in Belfast on Monday morning ordered the “disapplication” of sections of the act as they undermine human rights protections guaranteed in the region under post-Brexit arrangements.
The Illegal Migration Act provides new powers for the government to detain and remove asylum seekers it deems to have arrived illegally in the UK. Central to the new laws is the scheme to send asylum seekers to Rwanda.
Mr Justice Humphreys said aspects of the Illegal Migration Act were also incompatible with the European Convention on Human Rights (ECHR), which the UK remains signed up to.
Prime Minister Rishi Sunak said the government would appeal against the ruling and the judgment “changes nothing about our operational plans to send illegal migrants to Rwanda this July or the lawfulness of our Safety of Rwanda Act”.
Following Brexit, the UK and the EU agreed the Windsor Framework, which stipulates there can be no diminution of the rights provisions contained within the Good Friday peace agreement of 1998, even if they differ from the rest of the UK.
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The judge found several elements of the Illegal Immigration Act cause a “significant” reduction of the rights enjoyed by asylum seekers in Northern Ireland under the terms of the Good Friday Agreement.
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“I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants,” he said.
He added: “The applicants’ primary submission therefore succeeds. Each of the statutory provisions under consideration infringes the protection afforded to RSE (Rights, Safeguards and Equality of Opportunity) in the Belfast/Good Friday Agreement.”
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The judge ruled that the sections of the Act that were the subject of the legal challenges should be “disapplied” in Northern Ireland.
The ruling will fuel a row between Ireland and the UK in recent weeks following the Dublin government introducing plans to return asylum seekers to the UK who cross the border from Northern Ireland into the Republic.
The plans were introduced after the Safety of Rwanda Bill became law at the end of April. The law declares the African nation a safe place to deport asylum seekers to.
Irish justice minister Helen McEntee told a parliamentary committee more than 80% of recent arrivals in Ireland came via the land border with Northern Ireland.
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Ireland plans to return migrants to UK
Moday’s cases were brought to Belfast’s High Court by the Northern Ireland Human Rights Commission and a 16-year-old asylum seeker from Iran who arrived in the UK as an unaccompanied child on a small boat from France last summer.
He is currently living in Northern Ireland where his application has not yet been determined but said he would be killed or sent to prison if returned to Iran.
Mr Justice Humphreys agreed to place a temporary stay on the disapplication ruling until another hearing at the end of May, when the applicants will be able to respond to the judgment.
Lawyer Sinead Marmion, who represented the teenager, said the judgment was “hugely significant”.
She said it would prevent the Rwanda scheme applying in Northern Ireland.
“This is a huge thorn in the government’s side and it has completely put a spanner in the works,” she said.
Image: The UK government passed a law declaring Rwanda safe. Pic: AP
The prime minister said: “This judgment changes nothing about our operational plans to send illegal migrants to Rwanda this July or the lawfulness of our Safety of Rwanda Act.
“I have been consistently clear that the commitments in the Belfast (Good Friday) Agreement should be interpreted as they were always intended, and not expanded to cover issues like illegal migration.
“We will take all steps to defend that position, including through appeal.”
Gavin Robinson, leader of Northern Ireland’s DUP, called on the government to prevent a fracture in immigration policy between the UK’s nations.
He said if nations have different policies it would make Northern Ireland a “magnet for asylum seekers seeking to escape enforcement”.
The chancellor has confirmed she is considering “changes” to ISAs – and said there has been too much focus on “risk” in members of the public investing.
In her second annual Mansion House speech to the financial sector, Rachel Reeves said she recognised “differing views” over the popular tax-free savings accounts, in which savers can currently put up to £20,000 a year.
She was reportedly considering reducing the threshold to as low as £4,000 a year, in a bid to encourage people to put money into stocks and shares instead and boost the economy.
However the chancellor has shelved any immediate planned changes after fierce backlash from building societies and consumer groups.
In her speech to key industry figures on Tuesday evening, Ms Reeves said: “I will continue to consider further changes to ISAs, engaging widely over the coming months and recognising that despite the differing views on the right approach, we are united in wanting better outcomes for both savers and for the UK economy.”
She added: “For too long, we have presented investment in too negative a light, quick to warn people of the risks, without giving proper weight to the benefits.”
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Rachel Reeves’s fiscal dilemma
Ms Reeves’s speech, the first major one since the welfare bill climbdown two weeks ago, appeared to encourage regulators to focus less on risks and more on the benefits of investing in things like the stock market and government bonds (loans issued by states to raise funds with an interest rate paid in return).
She welcomed action by the financial regulator to review risk warning rules and the campaign to promote retail investment, which the Financial Conduct Authority (FCA) is launching next year.
“Our tangled system of financial advice and guidance has meant that people cannot get the right support to make decisions for themselves”, Ms Reeves told the event in London.
Last year, Ms Reeves said post-financial crash regulation had “gone too far” and set a course for cutting red tape.
On Tuesday, she said she would announce a package of City changes, including a new competitive framework for a part of the insurance industry and a regulatory regime for asset management.
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Reeves is ‘totally’ up for the job
In response to Ms Reeves’s address, shadow chancellor Sir Mel Stride said: “Rachel Reeves should have used her speech this evening to rule out massive tax rises on businesses and working people. The fact that she didn’t should send a shiver down the spine of taxpayers across the country.”
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The governor of the Bank of England, Andrew Bailey, also spoke at the Mansion House event and said Donald Trump’s taxes on US imports would slow the economy and trade imbalances should be addressed.
“Increasing tariffs creates the risk of fragmenting the world economy, and thereby reducing activity”, he said.
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