Rwanda Bill: Equality Commission says Northern Ireland must 'keep pace' with EU rights

The human rights body has released a detailed report on how it believes the government’s flagship Rwanda Bill could affect the EU rights legislation applicable here as part of the NI Protocol. The controversial bill would allow the government to deport migrants to Rwanda for processing – and override European law in certain circumstances to achieve that.

The TUV say the Windsor Framework means asylum seekers can avail in NI of protections not applicable in Great Britain, and this will result in an “effective people border” in the Irish Sea.

However, Alliance say it is “sad and depressing to see some politicians arguing for lesser rights protections here”

The Equality Commission for Northern Ireland (ECNI) report says its view is that “the rights of asylum seekers and refugees fall within the scope of the UK Government’s commitment in Windsor Framework Article 2 and are protected by the ‘Rights, Safeguards and Equality of Opportunity’ chapter of the GFA. Further, the UK Government must ensure that the rights of refugees and asylum seekers in Northern Ireland that fall within the scope of [the Windsor Framework] must not be diminished as a result of Brexit.”

It also claims “the law in Northern Ireland must ‘keep pace’ with EU law developments relating to six EU Equality Directives listed in Annex 1 to the Windsor Framework”.

Unionists have raised concerns that the policy could further separate Northern Ireland from the rest of the UK, and could create a ‘people border’ between Northern Ireland and the rest of the UK because different rules apply here than in Great Britain.

DUP MP Sammy Wilson has said previously that the Rwanda plans were “not thought through” – and “devised in a panic” by a government on its way out. The party’s deputy leader Gavin Robinson has warned against walking into “the creation of an immigration sea border in the Irish Sea”.

Reacting to the ECNI report, TUV leader Jim Allister said it “has publicly contradicted the spin of the Secretary of State and the Prime Minister that the Rwanda Bill will apply on the same basis in Northern Ireland as in GB.

"As many of us pointed out our subjection through Article 2 of the Protocol to EU law and standards means asylum seekers can avail in NI of protections not applicable in GB. This means the Rwanda Bill will be stymied in NI and an effective people border added in the Irish Sea. Once more the government and those who claimed to have restored our place in the UK have been caught out.

“The assertion of the Commission that NI must, because of the Protocol, ‘keep pace’ with EU rights is a vivid illustration of how NI increasingly is being moved out of the UK orbit and into that of the EU.

“This is yet another thing with the Donaldson Deal did not address. Instead it leaves us colonial subjects of the EU.”

The DUP responded: “To cover his absolute failure to deliver a single change to the protocol, Jim will jump on board any bandwagon to have a go at Sir Jeffrey. He should recognise the progress that has been made and work with us to address any outstanding issues. Immigration law for the whole of the UK, including Northern Ireland, is in the control of the UK Government. Whilst some will seek legal recourse to stop the Rwanda plans, that’s a matter that will be determined in the courts.”

Alliance MP Stephen Farry said: “The notion the Rwanda Bill is a deterrent is one of many flaws. Accordingly, there is no real prospect of distortions in asylum claims in Northern Ireland.

“It is sad and depressing to see some politicians arguing for lesser rights protections here. We should be aspiring to have strong protections. All people within Northern Ireland regardless of background should have equal protection under the law".

A government spokesperson said: “The Bill will apply in full in Northern Ireland, and the Government is clear that nothing in the Windsor Framework affects its proper operation on a UK-wide basis”.

The commission “recommends that the Home Secretary sets out, in detail, in the Explanatory Notes to the Bill, what consideration was given to compliance with Windsor Framework Article 2 in the development of the Bill. Any assessment of the proposals’ compliance with [the Windsor Framework] should not be limited to the impact of the proposals on the substantive rights, but should also include the remedial dimensions of those rights”.

The Northern Ireland Human Rights Commission – which has taken legal action against the government over its Rwanda policy – has said the bill will have serious ramifications for the rights of migrants in Northern Ireland and “is in breach of the UK’s domestic and international human rights obligations” including under the Windsor Framework.

The News Letter has previously asked the Northern Ireland Office a series of questions on what impact the legislation would have in Northern Ireland. These included whether the government ruled out checks on people between Northern Ireland and Great Britain – and whether the secretary of state would guarantee that NI will have the same immigration rules as the rest of the UK. A government spokesperson said at the time that “Article 2 is not engaged in the legislation introduced by the Government in respect of the Rwanda scheme and that legislation is clear that it applies in full across the UK - including Northern Ireland."