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Rishi Sunak has set up a showdown with Conservative right-wingers after publishing emergency laws to save his Rwanda deportation deal that appear to stop short of their demands to override international law.
The Prime Minister’s legislation, drawn up to revive the policy after it was ruled unlawful by the Supreme Court, would mean the Government could override, or disapply, sections of the UK Human Rights Act to stop judges blocking deportation flights.
Home Secretary James Cleverly was also unable to make a regular statement alongside the Safety of Rwanda (Asylum and Immigration) Draft Bill to say that it complied with the European Convention on Human Rights (ECHR).
But the legislation did not appear to contain specific powers to override the ECHR or other international treaties – the so-called “full fat” version demanded by Tory right-wingers including former home secretary Suella Braverman.
A Government source insisted the legislation was “almost” full fat and “certainly more” than the so-called “semi skimmed” compromise option that has been floated in recent weeks.
But Tory right wingers speaking to i voiced scepticism about whether the Bill would close off all legal challenges to Rwanda deportation flights.
One Tory source even claimed that Immigration Minister Robert Jenrick, who favoured the “full fat” approach, was “teetering” on the brink of resignation.
The Home Office said the Bill, alongside a new treaty with Rwanda, would “prevent UK courts and tribunals from delaying or preventing a person’s removal to Rwanda” on the grounds that it is unsafe.
Ministers will also retain an existing power to decide to ignore “interim” rulings from the ECHR of the type that grounded the first planned Rwanda flight last year.
The legislation will be introduced to Parliament tomorrow and fast-tracked through the Commons.
Mr Sunak said: “I have been unequivocal that we can no longer tolerate the endless scourge of illegal migration on our country. It is costing us billions of pounds and costing innocent lives, and that is why we are taking action to put a stop to it and make clear once and for all that it is Parliament that should decide who comes to this country, not criminal gangs.
“Through this new landmark emergency legislation, we will control our borders, deter people taking perilous journeys across the channel and end the continuous legal challenges filling our courts.
“And we will disapply sections of the Human Rights Act from the key parts of the Bill, specifically in the case of Rwanda, to ensure our plan cannot be stopped.
“We have acted quickly to remedy the issues raised by the Supreme Court, proving that Rwanda is not just a safe country, but a modern, prosperous nation, and today we are ending the tactics used by people to cheat the system and betray the British people.
“My message to the vicious people smugglers is clear, there is no point in ruining people’s lives any longer, if an individual comes here illegally, they will be removed.”
This is a breaking news story and will be updated.