Lord Faulks (Non-Afl)

My Lords, I am sure the Minister will answer that question in due course. The noble and learned Baroness suggested that the Government should not even be asked to respond to these amendments. With very great respect, I do not agree. The previous Government’s Bill that eventually fell away—the Rwanda Bill—was intended to provide a deterrent. I think it is common ground that a deterrent is necessary. The nature of that deterrent may be very much in dispute. Government thinking is still forming on the best way to deal with this very real problem. The Government need to come up with a response. They had quite a lot of time in opposition in which to generate what they thought was an appropriate deterrent. They have now been in power for a year, and it appears that there is more thinking going on in recognition of the very real problem that they face. In my respectful view, the Government have a case to answer as to what precisely the deterrent will be. What will prevent what we see in our papers and on our screens every day? My second point is about Amendment 107 and the interim measures of the European Court of Human Rights. I think it was during the Minister’s interregnum that there was a great deal of debate about the interim order made by the European Court of Human Rights. Even the most fervent defender of the European Court of Human Rights would be hard pushed to defend the order it made, which rejected a decision by our courts. It was made by an unnamed judge, it did not give the Government an opportunity to make representations and it did not have a return date by which, in accordance with normal practice, a Government or any other party would have a chance to answer the original order. This was a flagrant breach of natural justice, as was more or less accepted. Whatever form the Government’s policy finally takes, they would be well advised to bear in mind what is in Amendment 107. It would give the Government the chance to consider the appropriateness of the interim measure—it is a very carefully drawn amendment because it gives that responsibility to a Minister of the Crown. There were many debates about whether the European Court of Human Rights even had the jurisdiction to make these interim measures. I respectfully suggest that, whatever else the Government think about these amendments, Amendment 107 ought to be very carefully considered.