Under the proposed amendments ministers would be allowed to ignore interim injunctions (Rule 39 orders) from the European Court of Human Rights (ECHR) in Strasbourg.
Speaking on BBC Radio 4’s Today programme this week, however, Lord Thomas said ignoring ECHR rulings would be ‘a very serious step’ and would set ‘an extraordinarily bad example’. He warned the Bill was likely to encounter stiff opposition in the House of Lords.
'I certainly would think it was a step of the absolute last resort and sets an extraordinarily bad example for a country committed to the rule of law to say the government can ignore a judicial order,' he said.
Lord Thomas said ‘having the power to ignore a court order is something that, unless the circumstances were quite extraordinary, is a step a government should never take.
‘It is symbolic of a breach of the rule of law.’
Nick Vineall KC, Chair of the Bar, said: ‘Legislating to allow the UK government to ignore the rulings of a court undermines the rule of law, which is the foundation upon which domestic and international justice systems are built.
‘How can a government expect citizens to respect judicial rulings if it is willing to ignore them itself? ‘This would be bad law, sets a dangerous precedent, and risks serious damage to the UK’s international reputation.’
The Bill, introduced in March and due to return to the House of Commons next week, gives the Home Secretary powers to detain asylum-seekers for up to 28 days without judicial review and remove them either to their home country or to a third country, unless they have arrived in the UK via a ‘safe and legal’ route.
The proposed amendment would prevent a Strasbourg judge blocking a deportation, as happened in June 2022 when a last-minute injunction stopped a deportation flight to Rwanda.
The Law Society also expressed robust opposition to the proposal. Deputy Vice President Richard Atkinson warned a refusal to comply with European Court of Human Rights ruling would be ‘a clear and serious breach of international law’.
‘The rule of law means governments respect and follow domestic and international law and disputes are ruled on by independent courts,’ he said.
‘This amendment would undermine the global rules-based order, set a dangerous precedent within the international community and damage the UK’s standing in the world.’
