UK ignoring judges aboard small boats as Rishi Sunak caves to the conservative right

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Rishi Sunak has succumbed to pressure from right-wing Tory rebels and agreed to toughen the controversial Small Boats Act 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 Immigration Act – which aims to turn away people arriving in the UK on small boats – after threatening to revolt against the legislation.

The government has reportedly agreed to give Home Affairs Minister Soella Braverman powers to ignore orders from the European Court of Human Rights – so-called Rule 39 orders – in some cases.

The sources pointed out that a second amendment would also be introduced that would tighten the rules on restraining orders, so British judges would have to believe that deportation would cause “serious and irreversible harm” in order to prevent it.

But Lord Thomas, a former senior justice and fellow judge, warned that any move to ignore deportation orders from the European Court of Human Rights would undermine the rule of law – and could be scuttled in the Lords.

The Independent understands that Braverman played a pivotal role in securing a settlement deal during “growth discussions” with the Tories to halt new rebel amendments before Friday’s deadline.

It is understood that the right-wing rebels are pushing the government forward – eager to add something to the bill that would mandate medical checks to try to verify the exact ages of immigrants.

MP Danny Kruger, who has led the push to ignore the European Court’s orders, said the group was “grateful to the Home Secretary and Prime Minister for their work to secure … most of the changes we have asked for”.

The Whig said the British public was “tired of London lawyers and Strasbourg judges”, adding that he “hoped the government could deliver immediate deportations to Rwanda and other safe countries”.

Suella Braverman thought it would be helpful in securing changes to the bill

(PA wire)

The Small Boats Bill has been at the center of controversy, with critics warning that the proposed legislation leaves the UK in a state of default on its international obligations, while opposition parties have dismissed it as unworkable.

The apparent compromise comes after Mr Sunak failed to ensure he could deliver on his promise to “stop the boats” by the next election and said it “will not happen overnight”.

However, Mr Sunak was told it would be “symbol of breaking the rule of law” to ignore human rights orders – and he warned the latest changes could lead to the bill’s defeat in the House of Lords.

Lord Thomas, a former chief justice, told BBC Radio 4’s Today programme: “I think it is a very dangerous step for the government to consider taking it into effect.”

In defending the principle of the European Court of Human Rights, which oversees the European Convention on Human Rights, Lord Thomas said that ignoring the court “would be a very bad example”.

And while the right-wingers have been keen to stymie any influence from the Strasbourg court, the Tory moderates want to see the prime minister commit to establishing safe routes for asylum-seekers to come to Britain.

The Home Office is set to try to keep moderates happy by introducing an amendment committing to a plan for new “safe and legal” pathways for refugees within six months of the bill becoming law, The Independent understands.

Rishi Sunak said he told rebel MPs he had ‘skin in the game’

(WPA is broken)

It is not clear a year later whether Tory moderates will push again for amendments to prevent the detention of children arriving in small boats before Friday’s deadline, when the bill is due to return to the House of Commons next week.

The Illegal Immigration Bill aims to change the law to make it clear that people who arrive in the UK in small boats across the English Channel will not be able to stay in the country.

They will either be sent home or to a country like Rwanda with which the UK has a deal, although legal challenges mean no flights carrying migrants to the central African country will take off.

Sir Ed Davey, leader of the Liberal Democrats, told the Radio Times that the Tories “want to join Putin” by ignoring the European Court of Human Rights. I believe in supporting human rights. I’m sorry the conservatives don’t do that anymore and I want to join Putin in disparaging them.

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 who have made the journey so far in 2023 as 5,049.

A government spokesperson said: “While we have been clear that there is no silver bullet, our discontinuance of the Boat Bill will ensure that anyone arriving illegally is quickly detained and removed, ending the unfair practice of skipping lines.”

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