A report has advised that the only way to save the Rwanda deportation plan is for the UK to withdraw from the European Court of Human Rights (ECHR). The Centre for Brexit Policy argues that the government's emergency legislation, introduced after the Supreme Court ruling last week, will not protect it from legal challenges based on ECHR grounds. Barrister Martin Howe warns that the scheme is still vulnerable to such challenges unless the emergency legislation specifically excludes them. Some Conservative MPs, including former Home Secretary Suella Braverman, are calling for all ECHR and Human Rights Act laws to be removed from migration policy.
Challenges remain despite emergency legislation
The report from the Centre for Brexit Policy highlights concerns that the government's emergency legislation will not fully safeguard the Rwanda deportation scheme from legal challenges based on ECHR grounds. Barrister Martin Howe warns that individual challenges will still be possible unless the emergency legislation explicitly excludes them.
Call to remove ECHR and Human Rights Act laws
Several Tory MPs, including Suella Braverman, are urging Prime Minister Rishi Sunak to go further and remove all ECHR and Human Rights Act laws from migration policy. Immigration Minister Robert Jenrick is reportedly privately supporting this move.
PM wants domestic courts to declare Rwanda safe
Prime Minister Rishi Sunak is seeking new laws that would deem Rwanda a safe country, enabling domestic courts to reject appeals against deportation. He has also pledged to ignore so-called "pyjama injunctions" issued by anonymous Strasbourg judges that can prevent removal flights at the last minute.
ECHR deviates from its original purpose
According to the report, the European Court of Human Rights has veered away from its original purpose of protecting human rights and has instead become a law-making body. Barrister Martin Howe argues that the court no longer adheres to its mandate of interpreting the agreed text of the founding states.
New treaty with Rwanda to address Supreme Court concerns
In response to the Supreme Court's concerns about refugee safety, the UK will soon sign a new treaty with Rwanda to address the issues raised. This is intended to fill the gaps identified by the court in relation to the deportation scheme.