Senior Tories have called for the government to ditch the European Convention on Human Rights (ECHR) ahead of a landmark ruling on the deportation of illegal immigrants to Rwanda.
MPs representing groups comprising of more than 60 backbenchers want legislation introduced to “make explicit” that the ECHR will not apply to migrants who reach the UK illegally on small boats.
On Thursday, more than 750 people crossed in 14 boats—the highest number on a single day this year.
It brings the total for 2023 to more than 15,800 following a record 45,755 last year.
More than 100,000 migrants have made the perilous journey over the past five years.
Mark Francois, the chairman of the European Research Group of Tory MPs, said the government “should never have accepted the jurisdiction of the Strasbourg court” over the small boats issue.
“Just as we did over prisoner voting, we should have told them it was none of their business—and, until we do, the boats will just keep coming,” he told the Telegraph.
Law Change
Miriam Cates, a senior figure in the New Conservatives group, which primarily consists of Red Wall MPs, told the newspaper: “I think we should look at how we can disapply the relevant parts, and prepare to withdraw wholesale if we lose at the Supreme Court.”Tory MP Danny Kruger, who led a rebellion to toughen Prime Minister Rishi Sunak’s small boats laws said he “sincerely hoped” the Illegal Migration Act would “stop the boats” and the courts would respect the will of Parliament.
“But if they’re wrong, we need to change the law,” the New Conservatives founding member told the Telegraph.
“That means scrapping the Human Rights Act and withdrawing from, or at least renegotiating our relationship with, the ECHR,” he said.
Sir John Redwood said the Conservative Party should not wait until the next general election to address the impact of the ECHR on its efforts to stop the boats.
He argued that ministers should implement a “very short” and simple new law which would “disapply” rulings made by European judges that stand in the way of the UK’s border policies.
However, a Treasury minister said he does not back the UK leaving the Convention.
Asked on LBC’s Nick Ferrari show on Friday morning if he is in support of “what we understand to be a growing sentiment within the Conservative Party that the United Kingdom should quit the European Convention on Human Rights,” John Glen said: “No, because I believe in the plan that we’ve got in place. It hasn’t finished the legal process yet.”
33,000 Fewer Arrivals
Mr. Glen added: “This is a Europe-wide problem. We’ve had a 30 percent increase in illegal immigration across Europe, but we’re working with Turkey, new arrangement with them last week, with France, with Albania.“The arrangements with France have led to 33,000 fewer crossings—also tougher fines for employers and landlords. We’ve got the Professional Enablers Task Force. We’re working with media companies as well.”
The minister said tackling the migrant crisis is a “multi-dimensional approach” and said the newly passed Illegal Migration Bill would also work towards stopping illegal entry to the UK.
He added: “But we’ve got a legal challenge waiting on that, but I believe in plan A and we will see that come to fruition in the autumn.”
Mr. Glen said he did not want to “speculate about alternatives” to the government’s immigration policy.
“I think it’s important to recognise that there are many dimensions to the Government’s policy,” he told the Times Radio.
“We have diplomatic arrangements with Turkey, France, and Albania. Indeed from France, we’ve seen 33,000 fewer arrivals because of that arrangement.”
He added: “But we’ve got to understand is this phenomenon of illegal migration of criminal gangs taking people across Europe and across the Channel, we have seen a 30 percent increase in Europe as well over recent months.”
Mr. Glen said ministers were “confident” that the Court of Appeal ruling on the Rwanda policy would be overturned.
Asked about a “plan B,” he said: “Well, we believe that the actions that we’ve taken—and I’ve just taken you through a number of them—and including the legislation which hasn’t yet been fully enacted, because of the legal challenge outstanding in the autumn, will work and we stand by that.
“I don’t want to speculate about alternatives until we’ve exhausted the process that we think will work.”
Small Boats Week
His comments come at the end of “small boats week,” where the government made a number of major announcements about tackling the crisis.Landlords who allow illegal immigrants to live in their property will also face significantly increased financial penalties.
Their arrival came after a series of delays amid claims the vessel had not passed strict fire safety checks.
The postponement was confirmed by Transport Minister Richard Holden who said the vessel was undergoing “final checks,” refusing to put a timescale on when the immigrants would arrive on the seaside site.
In June, the Court of Appeal ruled plans to send illegal immigrants to Rwanda were unlawful because the African country could not be trusted to process asylum seekers’ claims fairly.
In a split judgment, two of the three judges said migrants were at risk of refoulement—forced removal to countries where they would be at risk of harm.
The government is now appealing the decision, with a ruling expected by the Supreme Court in the coming weeks.
Ministers are confident that they will win the case, but have been advised that the government cannot appeal to the European court if it loses as only individuals can lodge appeals, according to the Telegraph.
