Illegal migration bill: Leaks suggest government has conceded to party rebels over role of ECHR in small boats law

April 20, 2023

The government appears to have made concessions with Conservative party rebels over the illegal migration bill, by reportedly agreeing to allow ministers to ignore European judges in several situations.

A group of Tory MPs have reportedly made a deal with Prime Minister Rishi Sunak, which will amend the rules for removing those who arrive in the UK on small boats, after threatening to revolt on the bill.

A source reportedly said ministers agreed to hand power to the home secretary allowing them to ignore injunctions made by the European Court of Human Rights (ECHR) - known as Rule 39 orders - in some circumstances.

They suggested a new amendment will be introduced that will mean British judges would have to decide that a deportation would cause "serious and irreversible harm" in order to block it.

The amendment will likely be published today, ahead of voting and debates next week.

Critics have been warning the controversial bill leaves the UK at odds with its international obligations, and has been dismissed by oppositions parties.

However, Conservatives on the right of the party say it does not go far enough, with some wanting ministers to take the UK out of the ECHR, to push through tighter border controls.

More centrist party MPs would prefer to see the government establish safe routes through which asylum seekers can travel to the UK.

The reported compromise comes after the prime minister refused to guarantee his plan to "stop the boats" could be achieved by the next election, adding it "won't happen overnight".

"I've always said this is not something that is easy; it is a complicated problem where there's no single, simple solution that will fix it," he told Conservative Home.

Read more: Is there a safe and legal route to the UK?

Under the proposed bill, people arriving on small boats will be detained within the first 28 days without bail or judicial review and can be detained after that if there is a reasonable prospect of removal.

They will then either be sent back to the country they began in, or be sent to Rwanda, which the UK has made a deal with - but no flights have yet taken off.

Figures suggest more than 5,000 people have crossed the Channel in small boats in 2023, with one week in April seeing more than 1,000 people crossing alone.

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.

"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."

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