Tougher Rwanda scheme demanded by right-wing MPs would be ‘alien to the UK’s tradition of liberty and justice’, the Home Office says
Legal advice to ministers insists the Rwanda scheme has a ‘clear lawful basis’ and describes changes demanded by Right-wing backbenchers as ‘alien to the UK’s tradition of liberty and justice’.
In a rare move, the Home Office published a summary of its official ‘legal position’ on the proposals.
The five-page summary attempted to knock down the case for tougher measures advocated by Tory MPs including former home secretary Suella Braverman.
The document warns that blocking the ability of migrants to bring legal action would be ‘a breach of international law and alien to the UK’s constitutional tradition of liberty and justice’.
It adds that even in wartime, access to courts was maintained ‘in order that individuals can uphold their rights and freedoms’.
In a rare move, the Home Office published a summary of its official ‘legal position’ on the proposals (pictured: Prime Minister Rishi Sunak)
The five-page summary attempted to knock down the case for tougher measures advocated by Tory MPs including former home secretary Suella Braverman (pictured)
The document went on: ‘This is a novel and contentious policy, and the UK and Rwanda are the first countries in the world to enact it together.
‘There are risks inherent in such an innovative approach but there is a clear lawful basis on which a responsible government may proceed.’
READ MORE: Rishi Sunak faces crunch vote on his Rwanda plan which his MPs say will go down to the wire after days of grandstanding from both wings of the Tory party
But the summary said moves to block every court challenge ‘would mean that there would be no respectable argument that the Bill is compatible with international law’.
It added: ‘It would also go against Rwanda’s own explicit wishes that our partnership remains compliant with international law, and likely collapse the scheme.’
As a result, the Bill must allow very limited scope for migrants to bring legal challenges against being sent to Rwanda, based on ‘wholly exceptional individual circumstances’, it said.
The document predicted hardly any migrants would be able to lodge legal action under the ‘exceptionally narrow’ grounds for claims, such as very rare medical conditions.
The Prime Minister’s official spokesman said: ‘As the legal advice sets out, we think we have a tough and strong piece of legislation which will achieve our objectives.’
Earlier Defence Secretary Grant Shapps had insisted that the vast majority of legal challenges by small boat migrants would be overturned within just 17 days under the proposed new laws.
He told BBC Radio 4’s Today programme that migrants’ attempts to block their removal from Britain will be dealt with ‘a good deal faster’ than currently.
However last night the Law Society’s chief executive Ian Jeffery predicted that the new Bill was likely to end up being challenged by the European Court of Justice in Strasbourg.
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