Rishi Sunak has caved in to pressure from right-wing Tory rebels and agreed to toughen his controversial small boats bill by allowing ministers to ignore the European Court of Human Rights (ECHR).
Tory rebels say they have reached a deal with the government to amend the Illegal Migration Bill – aimed at removing people who arrive in the UK on small boats – after threatening to revolt over the legislation.
The government has reportedly agreed to give the home secretary Suella Braverman powers to disregard injunctions from the European Court of Human Rights – so-called rule 39 orders – in some instances.
Sources indicated a second amendment will also be introduced tightening the rules around injunctions, so British judges would have to believe deportation would cause “serious and irreversible harm” in order to block it.
But Lord Thomas, a former top judge and cross-bench peer, has warned that any move to ignore ECHR deportation orders would undermine the rule of law – and could still be thwarted in the Lords.
The Independent understands that Ms Braverman was central in landing a compromise deal during “grow-up discussions” with the Tory right to stop fresh rebel amendments going in before a Friday deadline.
The right-wing rebels are understood to be pushing the government to go further – keen to add something to the bill that would enforce medical checks to try to verify migrants’ stated ages.
MP Danny Kruger, leading the push to ignore European court injunctions, told the i the group were “grateful to the home secretary and prime minister for their work to secure ... most of the changes we asked for”.
The right-winger said the British public were “fed up with London lawyers and Strasbourg judges”, adding that he was “hopeful that the government will be able to deliver the prompt removals to Rwanda and other safe countries”.
The small boats bill has been at the centre of controversy, with critics warning the proposed legislation leaves the UK foul of its international obligations and opposition parties dismissing it as unworkable.
The apparent compromise comes after Mr Sunak failed to guarantee he could achieve his promise to “stop the boats” by the next election and said it “won’t happen overnight”.
However, Mr Sunak has been told that it would be “symbolic of a breach of the rule of law” to ignore human rights injunctions – and warned that the latest changes could lead to the bill being defeated in the Lords.
Lord Thomas – a former Lord Chief Justice – told BBC Radio 4’s Today programme: “I think it is a very serious step for the government to be contemplating putting into force.”
Defending the principle of the ECHR, which oversees the European Convention of Human Rights, Lord Thomas said that ignoring the court would “set an extraordinarily bad example”.
While right-wingers have been keen to thwart any influence from the Strasbourg court, Tory moderates want to see the PM commit to establishing safe routes via which asylum seekers can come to Britain.
The Home Office is set to try to keep moderates happy by bringing forward an amendment committing to a plan for new “safe and legal” routes for refugees within six months of the bill becoming law, The Independent understands.
It is not year clear whether Tory moderates will push again on amendments to prevent the detention of children arriving in small boats before Friday’s deadline, with the bill set to return to the Commons next week.
The Illegal Migration Bill is aimed at changing the law to make it clear people arriving in the UK in small boats via the English Channel will not be able to remain in the country.
They will either be sent back to their home country or to a nation like Rwanda with which the UK has a deal, although legal challenges mean no flights carrying migrants have taken off for the central African nation.
Sir Ed Davey, leader of the Liberal Democrats, told Times Radio that the Tories “want to join with Putin” by potentially ignoring the European Court of Human Rights. “I believe in upholding human rights. I’m sorry the Conservatives no longer do it and want to join with Putin in derogating from them,” he said.
More than 5,000 migrants have arrived in the UK after crossing the Channel this year. Home Office figures published on Tuesday confirmed the provisional number of people making the journey to date in 2023 stands at 5,049.
A government spokesperson said: “While we have been clear there is no silver bullet, our stop the boats bill will ensure anyone arriving illegally will be detained and swiftly removed, ending the unfair practice of people skipping the queue.”
