UK migration laws put post-Brexit policing pact with EU at risk
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There are concerns that the implementation of new migration rules may violate the UK's commitments under the European Convention on Human Rights (ECHR).
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Britain's Home Secretary Suella Braverman during a press conference in the capital Kigali in Rwanda on March 18, 2023 (AP)
Suella Braverman's migration rules might jeopardize the UK's post-Brexit policing cooperation with the EU on exchanging DNA, fingerprints, and criminal records, according to a House of Lords committee.
Lady Hamwee, the chair of the Lords justice and home affairs committee, wrote to Braverman to express her committee's concern that the new illegal migration legislation, combined with new data laws, may result in the "termination and/or suspension" of the cooperation elements of Brexit.
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There are concerns that the implementation of new migration rules may violate the UK's commitments under the European Convention on Human Rights (ECHR), which is the foundation of the Trade and Cooperation Agreement (TCA).
Under the terms of the agreement, any party may suspend or terminate the security arrangements outlined in Part 3 of the TCA if the other party violates the ECHR.
The MPs in the committee wrote that the committee was “particularly concerned about the provisions relating to termination and suspension of part three of the TCA. Under certain scenarios, including the UK denouncing the European convention on human rights or being deficient in the domestic protection of the rights it contains, part three of the TCA can be terminated immediately and/or suspended (in whole or in part)."
A violation of international law
The warning is reminiscent of the UK's attitude when it threatened to overturn a portion of the Brexit separation deal with the Northern Ireland protocol bill. This brought ties between Brussels and London to a new low, with the EU threatening to terminate the trade agreement if the UK followed forward with the legislation.
Earlier this year, EU Home Affairs Commissioner Ylva Johansson informed Braverman that the bill, which became law on July 20, violated "international law".
One of the main issues is that refugees arriving in the UK in small boats would be detained and perhaps deported to Rwanda, denying them their fundamental right to any type of judicial review on a prospective asylum application.
In December 2022, the UK High Court ruled in favor of the British government's controversial policy to fly asylum seekers to Rwanda, ignoring international criticism.
According to Rebecca Niblock, a criminal litigation partner at law firm Kingsley Napley, the suspension or cancellation of the trade deal's justice chapter would have substantial ramifications for police crime in the UK.
“The illegal migration act enacts various provisions which, if applied, would lead to a violation of a person’s ECHR rights, and the unintended consequence of this may be that the UK’s capacity to fight cross-border crime is seriously impeded.”
Keeping access to EU databases of prints, DNA, and criminal history was important to the pursuit of justice, she noted, because so much criminal activity is now transnational.
If other EU nations believe a suspect's rights will not be safeguarded, attempts to extradite fugitives back to the UK may be jeopardized, according to Niblock.
In a joint blog post with Elspeth Guild, a migration lawyer and professor, who regularly advises the European parliament and European Commission, stated that the new legislation would be "difficult for the EU institutions not to notice."
As the #UK welcomes #Ukrainian refugees with open arms, it has different plans for other immigrants, as the Home Office plans to reopen 2 #immigration centers enough to house 1,000 asylum seekers. pic.twitter.com/IbHAse5Bm9
— Al Mayadeen English (@MayadeenEnglish) September 28, 2022
