Suella Braverman is accused of acting as a “sock puppet” for the Tory right, as she is expected to toughen up the legislation aimed at cracking down on migrants arriving in small boats.
The home secretary is understood to be considering changes to head off a rebellion by up to 60 Tory MPs on the right who want to stop British judges following decisions made by the European Court of Human Rights.
One Tory right amendment would block judges in Strasbourg court from granting injunctions to stop deportations, while others would seek to limit the scope of relevant parts of the European Convention on Human Rights (ECHR).
As the bill returns to the Commons on Monday, one senior Tory rebel told The Independent they had agreed not to push amendments to a vote this week after a promise that the government will consider their concerns.
Rebel Tory MP Danny Kruger – a leading figure behind the amendments – said discussions were ongoing. He said he hoped the bill could allow for the deportation of small boat arrivals to “operate notwithstanding any orders of the Strasbourg court or any other international body”.
He told BBC Radio 4’s Today programme: “We are looking for commitments from the government to take seriously the amendments we are putting down that would strengthen the bill.”
Mr Kruger added: “We are very supportive of what they are doing … we do want to make sure we get those commitments. So we are waiting to hear what they say at the despatch box and I am hopeful that we can get the engagement that we want so that we can tighten the bill.”
Home Office minister Chris Philp stressed that Ms Braverman is “discussing these various amendments with members of parliament”, adding that she was “in listening mode as always”.
But senior government figures reportedly believe the home secretary supports the rebel push to stop British judges using legal precedent from Strasbourg when considering deportation cases.
“She wants to use it to spook us to offer concessions to get them to drop their amendments because a big rebellion would be embarrassing,” one told The Times. “She has basically become a sock puppet for the right.”
But a source close to Ms Braverman said the claim was “totally untrue”, adding: “The people spreading scurrilous rumours like this about the home secretary should reconsider and refrain.”
In 2022, the European Court of Human Rights granted an injunction – via its rule 39 – that effectively grounded a flight sending asylum seekers from the UK to Rwanda.
Ms Braverman told reporters on her recent trip to Rwanda that she was “encouraged” by “constructive” talks with Strasbourg to overhaul court injunctions. The government has requested a higher threshold for any rule 39 injunction on attempted deportation flights.
But Ms Braverman is thought to considering inserting a new clause into the bill banning rule 39 orders from applying in the UK if exemptions can’t be negotiated with the Strasbourg court.
Tory moderates fear the Strasbourg court cannot be defied without breaching the breaching the UK’s obligation to uphold the European Convention of Human Rights.
Senior Tory MP Tobias Ellwood told The Independent that Ms Braverman should ignore the push from the right. “There is simply no way this bill will secure parliamentary support unless it’s fully compliant with international laws, including our commitments to the ECHR.”
Others on the liberal wing want to see Rishi Sunak and Ms Braverman commit to establishing new, authorised safe routes via which asylum seekers can come to Britain.
An amendment proposed by Tim Loughton MP, which calls for new safe and legal route to be added to the bill, is understood to have the support of Labour. The moderates are optimistic Mr Sunak will announce a new “global” refugee route developed with the UN’s refugee agency.
Under plans reported by The Telegraph, MPs would vote on an annual cap on the number of refugees after councils are consulted about accommodation, with a plan to welcome about 20,000 a year initially.
Mr Philp played down suggestions that the government could accept amendments to establish more safe and legal routes for asylum seekers to enter the UK.
He told LBC: “This country has a lot of safe and legal routes established already. In terms of creating more, my own view is that we should fix the illegal immigration problem first, stop the boats, as the prime minister has committed, and then we can add in these additional and safe and legal routes.”
The legislation would see asylum seekers arriving through unauthorised means being detained without bail or judicial review for 28 days before being “swiftly removed” to their home country or a “safe third country” such as Rwanda.
Moderate Tories are trying to win support for their own amendments aimed at creating stronger protections against child detention.
Campaigners and MPs from across the House have condemned a move in the bill allowing the detention of families with children – reversing a ban introduced by the David Cameron-led coalition government a decade ago.
Equalities committee chair Caroline Nokes has shared her “absolute horror” at the reversal, while former justice secretary Robert Buckland said the government “shouldn’t be locking children up – it’s not right”.
It comes as Labour propose an amendment that would force the Sunak government to offer a framework for a new asylum returns deal with EU states within three months of the bill passing.
Mr Sunak agreed on a recent Paris visit that the UK would pay France to step up patrols to crack down on small boat crossings. But he was unable to get a deal that would replace the so-called Dublin convention – which allowed some asylum seekers to be returned – lost to Britain after Brexit.
