In the second part of a special NLJ series, Michael Zander KC considers whether the UK must follow interim measures imposed by the Strasbourg court
- Analyses the House of Lords Committee stage of the Safety of Rwanda (Asylum and Immigration) Bill, particularly regarding the government’s position on whether it must follow the ECtHR’s interim measures.
The politically charged question of whether the UK is required to follow interim decisions of the European Court of Human Rights (ECtHR) was given serious attention on 19 February during the House of Lords Committee stage of the Safety of Rwanda (Asylum and Immigration) Bill.
The government’s position, advanced by Lord Stewart of Dirleton, Advocate General for Scotland, was based on the generally accepted proposition that international law is only binding on UK courts if translated into UK law. But that does not dispose of the issue since all countries are required to follow international law.
Clause 5 of the Bill deals with ECtHR interim measures relating to the intended removal of a person
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