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Proposed changes to Illegal Migration Bill are a ‘clear and serious breach of international law’

Government plans to make the ‘anti-refugee Bill’ harsher by allowing ministers to ignore European Court of Human Rights

ANY ministerial efforts to ignore European Court of Human Rights orders stopping the removal of migrants would threaten the rule of law, leading legal figures warned today.

The warnings follow reports that the government and Home Secretary Suella Braverman has caved in to backbench Tory rebels and agreed to make the Illegal Migrant Bill, dubbed the “anti-refugee Bill” by critics, more harsh.

Amendments include allowing ministers to ignore European judges and “Rule 39” interdiction orders in certain situations and requiring British judges to decide on deportations would cause “serious and irreversible harm.” 

One group of Tory MPs said a deal has been reached with Prime Minister Rishi Sunak on the amendments as he hopes to see off a backbench rebellion in Commons.

The Bill has already faced widespread criticism from MPs, including Tories, and campaigners — and heard calls on the PM to commit to establishing safe routes into Britain.

But far-right Tory MPs have said existing measures do not go far enough, with some calling for tighter border controls.

The government is expected to publish the amendments after the Morning Star goes to print and ahead of debates and votes in Parliament next week.

Law Society of England and Wales deputy vice-president Richard Atkinson said he was concerned Britain was heading towards a “clear and serious breach of international law.

“The rule of law means governments respect and follow domestic and international law and disputes are ruled on by independent courts,” he said.

“This amendment would undermine the global rules-based order [and] set a dangerous precedent within the international community.”

Former chief justice Lord Thomas warned that the proposals could face defeat in the Lords, and said that any such move would set “an extraordinarily bad example.”

He told BBC Radio 4’s Today programme: “Having the power to ignore a court order is something — unless the circumstances were quite extraordinary — a step a government should never take because it is symbolic of a breach of the rule of law.”

Amnesty International UK refugee and migrant rights director Steve Valdez-Symonds said that any such plans must be “abandoned immediately.”

He said: “Rather than pandering to extremists in his party who would walk away from our international legal commitments, the Prime Minister should insist that his government focuses on establishing a fair and efficient system for processing the asylum claims and taking this country’s share of responsibility in the world.”

The Joint Council for the Welfare of Immigrants hit out at the government for “demonising and scapegoating” people fleeing violence and war instead of prioritising the “urgent economic challenges facing the country.”

It tweeted: “It’s appalling to see the government willing to break international conventions and laws when it comes to asylum-seekers.

“They claim to be concerned about the rule of law, but are ready to disregard it when it suits their political agenda.”

In Parliament, shadow commons leader Thangam Debbonaire suggested that the PM was forced to “cave in” to the backbenchers because he is “weak,” calling for the amendments to be tabled as a “matter of urgency” so there is time for them to be scrutinised.

Immigration Minister Robert Jenrick said he expected “strong support” for the legislation from Tory MPs.

He said Mr Sunak and Ms Braverman wanted “the strongest, most robust legislation possible so that we can stop the boats.”

A government spokesperson said that the Bill will end the “unfair practice of people skipping the queue.”

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