Suella Braverman ready to defy EHRC to push through migrant law | UK News

Home Secretary Suella Braverman during a meeting of the Grooming Gang Taskforce at the National Society for the Prevention of Cruelty to Children (NSPCC) offices in Leeds, Yorkshire. Picture date: Monday April 3, 2023. PA Photo. See PA story POLITICS Abuse. Photo credit should read: Lindsey Parnaby/PA Wire

Suella Braverman ready to defy European judges to enforce illegal migration law (Image: PA)

The home secretary has described her plans to stand in the way of European judges blocking deportations of people arriving in small boats as “decisive power”.

Suella Braverman on Friday tabled amendments to the Illegal Migration Act that would make it harder for domestic and international courts to have a say in the UK government’s control of the country’s borders.

As the controversial legislation is set to return to Parliament next week, she urged MPs to put the law into effect “as soon as possible so we can stop the boats”.

The cabinet minister wrote in The Sunday Telegraph that to be “truly sovereign” Britain must be able “to decide who enters our territory and on what terms”.

File photo dated 09/12/2022 of a group of people believed to be migrants are taken to Dungeness, Kent, after being rescued by the RNLI following a small boat incident in the canal. The Government is expected to announce new powers to tackle small boat crossings in the English Channel next week. Issue date: Saturday March 4, 2023. PA Photo. The law, promised as part of the government's effort to tackle illegal migration, is expected to be unveiled by Rishi Sunak and Suella Braverman next week. See PA story POLITICS Migrants. Photo credit should read: Gareth Fuller/PA Wire

The home secretary described her plans to block petty boasts as “crucial power” (Image: PA)

One of the changes the home secretary wants to make to the bill, which aims to stop migrants from crossing the English Channel on small boats and crack down on human trafficking, is that ministers could decide whether to accept a verdict or not not by the European Court of Human Rights (ECtHR).

The move is seen as a concession to right-wing Conservative backbenchers who have been lobbying the government to tighten legislation to prevent ECtHR intervention.

The would-be rebels have reportedly agreed to drop the threat to push through their own amendments following the release of the Home Office’s new proposals.

Some had called for the UK to withdraw from the European Convention on Human Rights to prevent judges on the continent from making anti-deportation orders.

Strasbourg judges were able to block the first deportation flight of asylum seekers to Rwanda last year with a so-called Rule 39 order.

Ms Braverman said: “Our bill will now give ministers a wide discretion as to whether to comply with interim measures in individual cases.

“It’s a crucial force.

Mandatory Credit: Photo by Tayfun Salci/ZUMA Press Wire/Shutterstock (13875776t) Secretary of State for the Home Office SUELLA BRAVERMAN is seen outside 10 Downing Street as a cabinet meeting. Suella Braverman at Cabinet Meeting, London, England, UK - April 18, 2023

Ms Braverman has begged MPs to pass the bill “as soon as possible” to prevent further migrant boat crossings (Image: Shutterstock)

“At the same time, we continue to have a constructive dialogue with Strasbourg on possible reforms of their procedure in relation to interim measures.”

Other possible changes for MEPs to consider include measures to prevent UK courts from hearing a legal challenge to the deportation of someone deemed to have entered the country illegally, unless that person faces a serious and irreversible damage such as death or persecution.

“Only people under the age of 18 who are medically unfit to fly or who are at real risk of serious and irreversible harm in the country to which we are deporting them can delay their deportation,” Ms. Braverman said.

“Any other legal claims will be negotiated remotely after removal in a safe country like Rwanda.

“And modern slavery laws, which have increasingly become the target of abuse by those wanting to avoid deportation, are being tightened.”

Ms Braverman highlighted a concession made to the Liberal Tories after lobbying led by Tim Loughton MP, which could include creating additional safe and legal avenues for asylum seekers.

She said: “We have confirmed that we will publish a report on existing and any proposed additional safe and legal avenues to ensure we are providing protection to those most in need within six months of the bill coming into force.”

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Justin Scaccy

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