Brits, please explain [Sunak to LEGALIZE SLAVERY for undocumented immigrants, trafficked victims]

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One of Theresa May’s focuses, as Home Secretary (our equivalent to the US DHS Sec, or a European Interior Minister) and then as PM, was combatting what’s referred to as ‘modern slavery’ - a blanket term for human trafficking and illegal employment for little or no pay, that often includes coercion and false imprisonment.

May’s modern slavery law was designed to cut down on this practise, and provide additional legal protections for victims. One of the most prominent criticisms from the UK right, has been that the legislation let migrants make spurious claims, and prolong their time in the country while their case is processed.

This criticism has gotten louder in recent years, as one of the domestic issues here is the arrival of refugees and economic migrants who come across the Channel from France in small boats. The high density of Conservative politicians, staff and activists from the counties that contain the southern coast has led to an inflated sense of this issue as essential to win back votes. Hence Sunak making “STOP THE BOATS” one of his priorities and slogans.

Our current PM, somewhat politically paralysed by a fractious party, with an absolute immigration hardliner as Home Secretary, and advised by the same set of Australian advisors who brought you Tony Abbot and ScoMo, has decided that he’s going to bar illegal immigrants (the group most vulnerable, mind) access to the protections afforded under the act.

This government is 20% behind in the polls, a historic low for the Conservative party. This is one of the last death rattles - as they try desperately to find some wedge issue they can use against Labour. Basically no one thinks this will actually “Stop The Boats”, and many think it’ll be struck down as illegal - which may actually be the strategy at this point. Sunak’s remark about Lefty Lawyers “getting in our way”, is probably a prelude to some awful bit of electioneering…

Can Blair’s Supreme Court strike down primary legislation? I know what Lord Cooke wrote but I don’t think it was ever practiced

[Hnv1]

Can Blair’s Supreme Court strike down primary legislation? I know what Lord Cooke wrote but I don’t think it was ever practiced

Phrasing was poor on my part - primary legislation won't/can't be struck down by the Supreme Court, given parliamentary sovereignty is one of, perhaps the fundamental principle of the UK constitution.

It's more that the bill will get bogged down in legal fights over pre-existing human rights legislation, with certain penalties declared "unlawful" by the courts, and "incompatible" with our obligations under a number of different treaties.

Breaches of the ECHR and UNHCR will both be alleged, and we'll probably still be locked into expensive, constitutionally taxing legal proceedings by the time the next election rolls around - with no real change in the status quo.

The lords will most likely stall the legislation as is

[Hnv1]

Can Blair’s Supreme Court strike down primary legislation? I know what Lord Cooke wrote but I don’t think it was ever practiced

Phrasing was poor on my part - primary legislation won't/can't be struck down by the Supreme Court, given parliamentary sovereignty is one of, perhaps the fundamental principle of the UK constitution.

It's more that the bill will get bogged down in legal fights over pre-existing human rights legislation, with certain penalties declared "unlawful" by the courts, and "incompatible" with our obligations under a number of different treaties.

Breaches of the ECHR and UNHCR will both be alleged, and we'll probably still be locked into expensive, constitutionally taxing legal proceedings by the time the next election rolls around - with no real change in the status quo.

The lords will most likely stall the legislation as is

Especially as it (obviously) did not feature in the government's Manifesto at the last election.

So there are downsides to not seeking a public mandate after replacing two(!) PMs since the last GE?? Who would have thought?