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According to reports, Rishi Sunak has rejected the idea of withdrawing from the European Convention on Human Rights (ECHR), despite pressure from conservative members who oppose his alternative plan for legislation in Rwanda.
It comes as the leading right-winger Suella Braverman, sacked by Mr Sunak as home secretary last month, is set to question the PM’s immigration policies in a dramatic statement in the Commons.
Sunak is being challenged by Braverman and other staunch supporters who are urging him to pursue a more comprehensive approach by disregarding the European Convention on Human Rights in an effort to prevent judges from impeding deportations.
The Prime Minister has received a caution from influential members of the Conservative party who identify as moderates. They have stated that they will not be able to back his proposed laws if he attempts to disregard the European Convention on Human Rights (ECHR). They believe this action would be a non-negotiable boundary that must not be crossed.
According to The Times, Mr. Sunak plans to alleviate the concerns of the conservative wing by excluding certain sections of the UK Human Rights Act in the legislation. This has been referred to as a “middle way” approach.
According to The Telegraph, the PM has been cautioned that he could potentially lose up to 10 moderate ministers from his government if he resorts to emergency legislation to bypass the European Convention on Human Rights.
Conservative Members of Parliament (MPs) from the right-wing factions, such as the New Conservatives, Commons Sense Group, and European Research Group, will hold a meeting with legal professionals to determine if the upcoming Rwanda legislation is sufficiently robust.
Chair of the ERG, Mark Francois, stated that Mr Sunak’s backup plan legislation must completely uphold the authority of parliament and prioritize their desire to resume flights above adherence to international laws.
Although there are around 100 MPs in the ‘One Nation’ caucus, which consists of moderate Tories, they are encouraging Mr Sunak to continue supporting both the ECHR and the UK Human Rights Act.
Their warning about potential rebellion against the legislation, which is anticipated to be announced on Thursday, has also been expressed. Damian Green, the chair, stated that Mr Sunak should carefully consider the impact of overriding both the ECHR and HRA.
Mr. Green cautioned against taking actions that would harm the country’s reputation on the global stage, and also noted that such actions would greatly hinder the passing of any legislation in the House of Lords.
Stephen Hammond, deputy chair, stated that moderate Members of Parliament would have difficulty backing a “full-fat” approach of disregarding the European Convention on Human Rights (ECHR). Fellow moderate MP Matt Warman also remarked that overriding the ECHR would be an absolute limit.
As the divide within the Tory party grew, conservative member Simon Clarke, who advocates for leaving the European Convention on Human Rights, responded to the more moderate members by posting on Twitter: “Not being able to prevent immigration by sea would be a major issue for several Conservatives – specifically our supporters.”
It is believed that the home secretary, James Cleverly, met with the ‘One Nation’ group prior to his visit to Rwanda this week, causing frustration among right-wing organizations.
According to sources, there has been no effort made by No 10 or government officials to communicate with right-leaning Tories. A high-ranking MP stated that the proposed bill would serve no purpose if it does not address human rights laws and prevent legal challenges.
Ms Braverman is anticipated to issue a formal statement of resignation in the House of Commons this afternoon, following her contentious departure last month. She may advocate for an opt-out of the European Convention on Human Rights or urge Mr. Sunak to demonstrate his willingness to leave the convention.
The Telegraph reports that Robert Jenrick, a close associate of Ms. Braverman, who serves as the Immigration Minister, is advocating for a strict and uncompromising approach to immigration.
An alternative being considered is granting ministers the authority to disregard ECHR decisions in the legislation, in the event that the court attempts to obstruct the Rwanda policy. However, withdrawing from the convention for asylum cases would not occur automatically.
Mr. Sunak may attempt to prevent a potential revolt within the Tory party by proposing that he is open to withdrawing the United Kingdom from the European Convention on Human Rights (ECHR) entirely if the courts continue to obstruct flights to Rwanda.
Mr. Cleverly recently signed a treaty with Rwanda, following his previous one. However, he cannot confirm that flights will be able to depart by next spring, which is what Mr. Sunak desires. This makes him the third minister in under two years to sign an agreement with this African country.
Mr. Cleverly assured that the proposed “emergency” legislation would be presented to parliament in the near future. He also stated that he saw no obstacles in the way of sending migrants from the UK to Rwanda within the next few months.
On Wednesday, Home Office minister Chris Philp stated that emergency legislation will be implemented to safeguard the Rwanda plan, with a determination to do whatever is necessary to prevent any more obstacles in the legal system. The bill’s purpose is to guarantee the Rwanda deal’s complete legality.
However, David Blunkett, a former home secretary for the Labour party, expressed disapproval of the government’s deal with Rwanda, calling it “foolish and unworkable”. In an interview with The House magazine, he also advised Labour not to compete with the Tories in making promises about deportation.
The highest court in the UK recently halted the implementation of the Rwanda policy due to fears that legitimate refugees may be mistakenly returned to their home countries where they could be subjected to mistreatment.
To address this issue, the recently implemented agreement stipulates that British and Commonwealth judges will oversee a newly created appeals system in Rwanda’s high court for extraordinary situations.
A crucial aspect is the promise that Rwanda will not deport anyone to any country other than the UK. Additionally, specialists from the UK will be delegated to Rwanda to aid in the handling of asylum determinations.
Source: independent.co.uk