Suella Braverman, the Home Secretary, has called for a "crucial power" that would enable ministers to bypass last-minute attempts by European judges to halt migrant deportation flights to Rwanda. In light of the ongoing small boats crisis in the English Channel, she urged Parliament to pass legislation as soon as possible in order to strengthen Britain's asylum system.
The Government's Illegal Migration Bill is scheduled for review by the House of Commons on Wednesday when MPs will be asked to consider several amendments. Some of these amendments have been proposed by Braverman herself after both she and Prime Minister Rishi Sunak yielded to demands from Tory backbenchers seeking tougher measures within the bill.
Deputy Prime Minister Oliver Dowden stated that ministers will be granted "discretion" concerning Rule 39 orders issued by the European Court of Human Rights (ECHR). This discretion allows them to assess factors such as timeliness and transparency when considering rulings. Contrary opinions were voiced by Labour Party members Jonathan Ashworth and Jon Ashworth who argued that this power would not address issues related trafficking gangs exploiting migrants across the channel; they further suggested that Home Secretaries must always adhere strictly law without exception.
Dowden clarified that Home Secretaries would not possess an unrestricted right ("carte blanche") enabling them ignore interventions from European judges aimed at blocking migrant deportations. Instead, he explained how amendments made within Illegal Migration Bill allow Home Secretaries discretionary powers while examining Rule 39 orders received from ECHR—specifically focusing on aspects like timeliness and transparency.
These so-called "pyjama injunctions" gained attention last year when a judge employed one just before deadlines prevented initial deportation flight transporting asylum seekers Rwanda from taking off. Attempting overcome legal obstacles posed domestic international courts regarding UK border control policies government implements country-wide basis Mrs Braverman has put forth several amendments her controversial legislation.
As this contentious bill prepares to return Parliament, Braverman appeals MPs expedite process order "stop boats" bring into force soon possible.