Contribution
My Lords, I apologise for my voice. I will try to keep going. It is not actually hurting the way it sounds, so noble Lords need not feel too much sympathy. I will follow on from the noble Lord, Lord Jackson of Peterborough, and support Amendment 146, which I have signed.
Most of the Bill, as noble Lords know, does not apply to Northern Ireland, but Part 4 does. These very important amendments deal with deporting foreign criminals. I very much support the Government’s move to do that, but I hope the Committee needs no reminding that this House passed three Bills recently that it said applied to the whole United Kingdom, but we then discovered the courts overruled that. We had the Rwanda Act, the Illegal Migration Act 2023 and the soon to be defunct legacy Act. We have had legal opinion from the former Attorney-General for Northern Ireland that the Tobacco and Vapes Bill will also not be able to apply. We were not able to bring in the export of live animals for slaughter Act to the whole United Kingdom as it does not apply in Northern Ireland.
The Minister is probably hearing this for the first time. Many Ministers have had to sit through statutory instruments in which those of us who wish to bring out the injustices of the Windsor Framework have been able to do so. However, Article 2 of the Windsor Framework overrules the sovereign Parliament; it very simply says that EU laws—laws that are not made in this House but by a foreign institution—overrule what our sovereign Parliament says. Whatever the history of this, and whatever party brought it in, we should all be beginning to realise that this is just not sustainable.
The three pieces of legislation to which I have referred have been overruled in respect of the people of Northern Ireland, due to parts of that legislation that offended EU rights and legislation. In the well-known Dillon case, the Court of Appeal decreed that it would disapply parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 because it offended rights supposedly given to victims by EU law. The relevant parts of the Dillon judgment are now before the Supreme Court, and we hope to get a judgment on that soon, which will give us more context to see how we are being affected by the Windsor Framework.
This specific amendment deals with the deportation of foreign criminals. As the noble Lord, Lord Jackson, pointed out, if a foreign criminal is an EU citizen already living in Northern Ireland and this law comes in, they will have enhanced protection against deportation. If they are not an EU citizen but a foreign criminal from somewhere else in the world who is living in Northern Ireland, they are also likely to have enhanced protections that they would not have if they were living in Great Britain, because of the importation of the reliance upon the European Charter Of Fundamental Rights. I do not need to tell noble Lords that Article 19 of the charter affords particular protections against deportation. It states that each deportation must be specifically examined and that there cannot be a provision for automatic deportation. Part 4 of this Bill is going to do precisely that: for a foreign criminal convicted in our courts, the presumption will be towards deporting them.
Anyone with any common sense must think that it would be outrageous if we end up with a law that says that a foreign criminal living in Great Britain and found guilty can be deported but that a foreign criminal living in another part of our own country, the United Kingdom, cannot. That is something we need to address. The Minister never seems to want to tell us whether he has had legal advice from the Attorney-General, but if he has, he will probably say that this is okay. But they have said that on three Bills, and each time they have been proved wrong. Noble Lords will forgive me if there is a little scepticism about how the Bill will apply to Northern Ireland.
It is an important issue not only for Northern Ireland’s citizens but for citizens of the whole of the United Kingdom. At some stage, we have to look at the constitutional issue of whether we can, in our own country, make our own laws that apply to the whole country. That really does need addressing.
As the noble Lord, Lord Jackson, said, there is nothing about this in the Explanatory Notes—it has been completely ignored. The purpose of tonight’s amendment is to raise this issue and make it clear that many people believe that this will not be able to apply to Northern Ireland, and to ask the Minister to say very clearly that, if this Bill goes through, there will be an absolute determination—whatever it takes—to make sure that it applies in Northern Ireland.