Ms. Braverman insists that the government's measures are «resistant to inevitable legal challenge.» Credit: Leon Neal/Getty Images
Suella Braverman has signaled she is willing to ignore European judges to launch deportation flights to Rwanda as she prepares to fight back against her critics this week.
The Home Secretary said that the proposed new powers for ministers to ignore temporary injunctions from the European Court of Human Rights (ECtHR) are «crucial» to fulfilling Rishi Sunak's promise to prevent migrant boats from crossing the English Channel.
The so-called Rule 39, which Conservative MPs have called «pajama injunctions,» was used late at night by an ECtHR judge to block the first deportation flight to Rwanda at 11:00 last June.
Ms Braverman's remarks come ahead of a showdown in the Commons this week as the Illegal Migration Bill returns to final report and is expected to be pressured by Tory rebels to make concessions on modern laws about slavery. She also promised to establish «safe and legal routes» for refugees within six months, in concession to the conservative rebels.
In an article for The Telegraph, the Home Secretary writes: «Last year we saw the European Court in Strasbourg issued provisional measures under rule 39 that blocked the flight from leaving for Rwanda.
“Our bill will now give ministers wide discretion in respect of the enforcement of interim measures in individual cases. It is a decisive force.”
The controversial powers were only introduced by the government last week as an amendment to a bill on illegal migration after some 60 Eurosceptic conservatives demanded a tougher approach to the ECtHR.
< p>Ms Braverman, who has been known to show sympathy for the rebels, has now backed the new government, making it easier for ministers to counter future attempts by Strasbourg judges to block flights. She also insists the government's measures are «resistant to the inevitable legal challenge» as ministers brace for an onslaught on the bill's legality in the House of Lords and the ECtHR.
More than 45,000 migrants arrived in the UK last year, crossing the English Channel in small boats. Photo: BEN STANZAL/AFP via Getty Images. after the High Court declared it legal.
If successful, it could pave the way for the first flights later this year or early next year if ministers also have the power to override Rule 39 orders. entering the UK illegally and quickly deporting them to their country or a safe third country such as Rwanda with little or no recourse to human rights lawsuits or other grounds until they leave. .
Without a third safe country, like Rwanda, to which migrants could be deported, MPs fear that politics will not act as a deterrent to migrants making the perilous journey across the English Channel in small boats.
Ministers originally proposed discussing reforms of injunctions with Strasbourg to give the UK more say before they are enforced and counteract their arbitrary nature.
Ms Braverman said those talks would continue in parallel with the introduction of the new powers, writing: «At the same time, we continue to have a constructive dialogue with Strasbourg on possible reforms to their process around provisional measures.»
Amendment, submitted to Parliament late on Friday, decides that an injunction under Rule 39 «will not affect the duty» of the Home Secretary to remove irregular migrants from the UK.
In deciding whether to ignore injunctions, the Home Secretary will, however, take into account whether the government has been given the opportunity to make representations, whether they have been considered, the form of the injunctions and their likely duration.
< p>In her op-ed, Ms Braverman also backs amendments requiring ministers to produce a report on «safe and legal» refugee routes within six months of the bill becoming law, a concession designed to secure support for moderate Conservative MPs.
'We need to know what the safe and legal routes the government wants to take will be.'
Robert Buckland says the government is limiting the number of asylum seekers. 'reasonable'.
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Conservative MPs backing the amendment insist the number of people allowed to enter the UK via such routes should be in addition to schemes already in place for people fleeing Ukraine, Afghanistan, Hong Kong and Syria.
They will be decided in consultation with the local councils, with a limit to be voted on annually by Parliament.
Sir Robert Buckland, former Attorney General, said he would decide how to vote once he received assurances on the scheme.< /p>
On Saturday, he told GB News: «We need to know what these safe and legal routes the government wants to take will be, what they look like and how it will be arranged.»
Ms Braverman faces backlash to steps to curb the use of modern slavery claims by migrants to fight deportation, as amended by Sir Iain Duncan Smith and Theresa May, former Tory leaders seeking to block the removal of victims of human trafficking in the UK. It is unlikely that the couple will force him to vote, and instead they are waiting for a sign of concessions from the government. the rights of illegal migrants are above those of hard-working Britons as she calls on the opposition to support the plans.
She writes: “The Labor Party should also support the bill — all they have done is far to seek to soften it and block our measures. They don't have a plan to stop the boats because they don't have the will.
«This is contrary to the expressed wish of the British people.»
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