Writing in The Telegraph, Sir Bill Cash, who chairs the European Research Group’s “star chamber”, says that “at present” the legislation is not “sufficiently watertight to meet the Government’s policy objectives”.
In remarks that appear to advocate for a clearer disapplication of parts of the European Convention on Human Rights, Sir Bill insists that Parliament “can legislate to override the provisions of international treaties provided it does so in such clear and unambiguous terms that its intention cannot be misunderstood.
“In such circumstances, the courts will follow the explicit legislation to the letter.”
Sir Bill’s panel is expected to circulate its full written conclusions to MPs on Monday. But Mrs Braverman and Mr Jenrick have argued that the Bill will allow individuals to “concoct” claims that would, at the least, help them to delay their removal.
The former ministers have also raised concerns that rather than categorically blocking the Strasbourg court’s Rule 39 orders that grounded deportation flights last year, the decision over whether to use a new power to ignore such injunctions would be left with the Government.
Mrs Braverman said: “I know that our Attorney General has advised that to ignore a Rule 39 injunction would be a breach of international law, so therefore as it stands Rule 39s will block flights.”
Sunak stands firm
On Saturday, Mr Sunak vowed to press ahead with the legislation in the face of criticism from his former ministers. He said: “The Conservatives are on the public’s side – and we will push on with our plan to stop the boats.”
In a speech on Tuesday, Sir Keir Starmer is expected to accuse the Conservatives of ignoring obligations “to democracy, the rule of law” and “serving our country”.
A senior Conservative MP said they believed it was “highly likely that there will be votes against” the Bill on Tuesday.
However, a Tory on the Right of the party said they would be counselling fellow rebels to “bide your time” in order to pressure the Government to amend the “flawed” Bill at a later stage. Such an approach could result in many abstentions.
The One Nation Group of centrist MPs is also considering the Bill. Damian Green, its chairman, said: “The powers of ministers to take decisions on their own on individual cases, that’s one of the questions that’s been raised, and also the aspect of legislation asserting that Rwanda is safe. Those are two concerns we have.”
A No 10 source insisted Mrs Braverman and Mr Sunak had “almost fortnightly bilateral meetings at which she could raise what she wanted to raise”.
Addressing legal migration, the source added: “The PM has to balance growing the economy with bringing down the levels of net migration, which he has been clear are far too high. That’s why in the spring he took the toughest action anyone had ever taken to bring down migration numbers. And it’s why just last week he took even tougher action to cut levels by another 300,000.”
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
