Following pressure from some factions of the Conservative party who had threatened to rebel over legislation tackling small boats crossing the Channel, European Court of Human Rights judges may no longer have the ability to block deportations.
In the hope of seeing off a backbench rebellion, the Illegal Migration Bill will be amended so that the government can disregard injunctions from the European Court of Human Rights (ECHR) that aim to halt deportation flights.
The move is expected to be set out in an amendment to Prime Minister Rishi Sunak’s Illegal Migration Bill on Thursday ahead of debates and votes next week.
Kruger said the British public “are fed up with London lawyers and Strasbourg judges getting in the way of a sensible migration policy.”
He said he was “hopeful that the government will be able to deliver the prompt removals to Rwanda and other safe countries.” This was needed, he said, “to stop the boats and lay the foundation of a fair and humane asylum system.”
‘Pyjama Injunctions’
Such injunctions, known as Rule 39 orders, have been mockingly referred to as “pyjama injunctions” by Conservative MPs, who were outraged when a judge from the Strasbourg court suspended the first scheduled deportation flight to Rwanda last June late at night.The government had initially promised to implement the power to disregard last-minute injunctions only if they were unable to persuade the Strasbourg court to reform Rule 39.
The Illegal Migration Bill is aimed at changing the law to make it clear people arriving in the UK illegally will not be able to remain in the country. The Bill would enable powers to be granted to detain immigrants for 28 days without recourse for bail or judicial review, and then indefinitely for as long as there is a “reasonable prospect” of removal.
Small boat crossings in the English Channel surged with 1,106 illegal immigrants arriving on the English coast at the beginning of April.
More than 5,000 migrants 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.
Negotiated by previous Home Secretary Priti Patel, the government aims to send illegal immigrants to Rwanda while their asylum applications are being processed, in the hope that it would act as a deterrent when deportation flights begin taking off.
Opposition parties and pro-immigration campaigners have claimed that the bill is incompatible with the UK’s obligations under the ECHR.
A government spokesperson said: “The Prime Minister and Home Secretary are focused on delivering the five priorities for 2023—halving inflation, growing the economy, reducing debt, cutting waiting lists, and stopping the boats.
Lord Chief Justice Warning
Lord Thomas, a former Lord Chief Justice and cross-bench peer, said that “this is a step a government should never take.”“I think it is a very serious step for the Government to be contemplating putting into force,” he told BBC Radio 4’s Today programme.
“Many people would say having the power to ignore a court order is something—unless the circumstances were quite extraordinary—this is a step a government should never take because it is symbolic of a breach of the rule of law.”
He also suggested the Bill risks defeat in the Lords.
“How can a government expect citizens to respect judicial rulings if it is willing to ignore them itself?
“The Bar Council echoes the concerns raised by the former Lord Chief Justice Lord Thomas. This would be bad law, sets a dangerous precedent, and risks serious damage to the UK’s international reputation. We urge the Government to reconsider this move,” he added.
