9. The Assembly, moreover, expresses concern that both the Bill of Rights Bill and the Illegal Migration Billwould increase legal uncertainty and conflicts between UK domestic law and the requirements of theEuropean Convention on Human rights – as well as a number of other international conventions. TheAssembly notes that these concerns have been similarly expressed by numerous civil society organisations,the Joint Committee on Human Rights of the UK Parliament, the UK’s National Human Rights Institutions, theCommissioner for Human Rights of the Council of Europe, the Group of Experts on Action against Traffickingin Human Beings (GRETA), and the United Nations High Commissioner for Refugees.

10. The Assembly therefore calls on the UK Government and Parliament to:

10.1. ensure that robust processes are in place to ensure respect for the rule of law and in particularrespect for the UK’s international legal obligations, in legislation proposed to parliament. In particular,assessments of compatibility with the rule of law, including international law and human rights law,should be undertaken in respect of bills introduced into parliament. Such assessments should beundertaken by a body that is sufficiently independent from government to be able to provide objectiveadvice on the rule of law, should be available early in the legislative process, and should be madepublic to fully inform parliament and the public so that the legislature can take an informed decision onthe implications of legislation before it. Parliament must be allowed adequate time and information toassess the rule of law and human rights implications of the legislation before it;

10.2. carefully consider the content of the provisions that, were they to enter into force, could riskplacing the UK in breach of its international obligations, including the provisions relating to:

10.2.1. positive obligations (clause 5 of the Bill of Rights Bill);

10.2.2. overseas military operations (clause 14 of the Bill of Rights Bill);

10.2.3. interim measures (clause 24 of the Bill of Rights Bill and clause 53 of the Illegal Migration Bill);

10.2.4. restrictions on the protections for victims of modern slavery and human trafficking under the Illegal Migration Bill;

10.2.5. the adequacy of safeguards against indefinite or arbitrary detention of migrants under the Illegal Migration Bill;

10.2.6. protections for children under the Illegal Migration Bill, including as concerns detention, removal and standards of care for children, including unaccompanied children;

10.2.7. protections for refugees and stateless persons under the Illegal Migration Bill;

10.2.8. the adequacy of due process, appeal rights and the availability of an effective remedy for individuals affected by decision-making under the Illegal Migration Bill.

11. The Assembly calls on all member States of the Council of Europe to:

11.1. ensure that the European Convention on Human Rights is fully embedded, applied and enforcedwithin their domestic legal systems and to take adequate steps to support a culture of respect forhuman rights and the rule of law domestically;

11.2. put in place adequate mechanisms for ensuring that the human rights and rule of lawimplications of draft legislation are fully and transparently assessed before legislation is passed, bysystematically verifying the compatibility of draft legislation with Convention standards;

11.3. ensure that adequate processes are in place to correct misunderstandings or misinformationrelating to the rule of law and the impact of the European Convention of Human Rights system; and tomake use of available information on the functioning of the European Convention on Human Rightssystem;

11.4. develop initiatives for education and training on human rights and the rule of law in order tofoster culture which understands and respects the important role that the rule of law and human rightsplay in a healthy democracy.

12. The Assembly calls on members States and the instances of the Council of Europe to developimproved tools in order to counteract misinformation in relation to human rights and the rule of law moreeffectively. In this light, the Assembly welcomes initiatives such as the work to highlight the impact of theEuropean Convention on Human Rights system and encourages greater use of such communicationsmaterials. The Assembly also encourages further reflection on how best to strengthen communication work inrelation to the role of the European Court of Human Rights and the implementation of its judgments.

Resolution 2505 (2023)

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