Rishi’s bid to save the Rwanda plan: Glimpse of PM’s emergency legislation – including a mention of human rights rules – is seen in unguarded papers as his top legal adviser leaves No10 amid claims of a Cabinet split
A glimpse of Rishi Sunak’s bid to salvage the Rwanda migrant plan was seen in unguarded documents today as a group left Downing Street.
The papers, snapped by Westminster photographer Steve Back, revealed emergency legislation being prepared by the Prime Minister is titled the Returns (Removal) to Rwanda Bill 2023.
Mr Sunak is pursuing a twin-track approach after last week’s devastating Supreme Court ruling derailed the Government’s efforts to send asylum seekers to Africa.
He is seeking to strike a new treaty with Rwanda, while also pushing through new laws at Westminster in a bid to end judges’ legal block on the migration scheme.
Attorney General Victoria Prentis, who is the Government’s top legal adviser, was seen among the group who left No10 this morning as the papers – which appeared to make reference to the Human Rights Act – were seen.
Mr Sunak is facing a Cabinet split over whether to water down human rights rules in order to get migrant flights to Rwanda up and running.
A glimpse of Rishi Sunak’s bid to salvage the Rwanda migrant plan was seen in unguarded documents today as a group left Downing Street
The papers, snapped by Westminster photographer Steve Back, revealed emergency legislation being prepared by the PM is titled the Returns (Removal) to Rwanda Bill 2023
Attorney General Victoria Prentis, who is the Government’s top legal adviser, was seen among the group who left No10 this morning
Mr Sunak is pursuing a twin-track approach after last week’s devastating Supreme Court ruling derailed the Government’s efforts to send asylum seekers to Africa
Immigration minister Robert Jenrick is believed to be among those in Cabinet pushing for a tough approach in the emergency legislation being drawn up.
Proposals mooted include ‘disapplying’ parts of the Human Rights Act and potentially the European Convention on Human Rights (ECHR).
However, downgrading the rules – barring their use in illegal migration cases, for example – would be highly contentious.
New Home Secretary James Cleverly, Mrs Prentis and Justice Secretary Alex Chalk are among those thought to have reservations.
Chancellor Jeremy Hunt stressed yesterday that changes to the ECHR would be a last resort, and he did not think the drastic action would be needed.
After a speech in north London this lunchtime, Mr Sunak dodged questions about whether the emergency legislation will waive the human rights protections.
Mr Sunak promised to do ‘what is necessary’ to get flights away carrying asylum seekers on a one-way trip to Rwanda.
He said the number of small boats crossings has already come down but ‘we need to finish the job and that’s why we need to get the Rwanda scheme up and running’.
‘I’m completely committed to doing what is necessary to get those flights off and that scheme up and running,’ he said at a college in London.
‘Because we have prepared for all circumstances we have been working on a new treaty with Rwanda that will address all the concerns that were raised by the Supreme Court.
‘And we will combine that with new emergency legislation that will make it crystal clear – and give Parliament the opportunity to confirm – that Rwanda for all of these purposes is a safe place to implement our scheme.
‘And I won’t let a foreign court stop us from getting flights off to Rwanda.
‘This is a reasonable country. This is a reasonable government.
‘But people’s patience has run thin and we have got to end this merry-go-round. And that is what I am determined to do.’
The PM is considering cancelling part of the Human Rights Act to send asylum seekers to Rwanda
Immigration minister Robert Jenrick (left) is believed to be among those pushing for a tough approach in emergency legislation being drawn up. But Mrs Prentis is thought to have concerns
New Home Secretary James Cleverly has said he does not believe the UK will need to leave the ECHR
A group of migrants being picked up by the Border Force off the coast of Kent last week
Mr Jenrick struck a notably harder line on Rwanda than other ministers in interviews last week, warning that the Conservatives will lose the election unless flights begin in the Spring.
One senior government source told the Times undermining human rights in the emergency laws would be ‘mad’ and the courts would go ‘ballistic’.
A Tory source told the Guardian: ‘This would tear the party apart.
Migration set to soar as foreign workers allowed to extend visas
Net migration is expected to surge in figures released this week after a sharp rise in foreigners extending their UK visas.
Home Office data shows a 50 per cent spike in the number of foreign nationals who successfully applied to extend their permission to stay in Britain.
The increase is likely to have a significant impact on net migration – the difference between those arriving here for a long-term stay and those emigrating.
The Office for National Statistics said net migration hit a record 606,000 in 2022 – and on Thursday will unveil its latest net migration estimate for the 12 months to the end of June.
A Daily Mail analysis of Home Office data shows an extra 105,000 visa extensions for work, study or family reasons in the first six months of this year. The total hit 319,979 in the first half of this year compared with 214,899 in the same period last year.
In June, think-tank Migration Watch UK calculated that the population would soar to up to 87million by 2046 if net migration continues at the same rate.
‘Several cabinet ministers and the One Nationers would not stand for it – the Prime Minister wouldn’t even get it through the Commons.’
There are increasing doubts over the timeline for passing the emergency legislation and a new treaty with Rwanda, with fears the House of Lords and legal challenges will prevent anything happening before the election.
Whitehall sources told MailOnline that the emergency legislation was taking longer to draw up than anticipated, but stressed the issues were down to ‘logistics not politics’. Details of the contents are not likely to emerge before next week.
Treasury minister Gareth Davies risked muddying the picture further in a round of interviews this morning as he said the UK ‘would be sending planes now’ to Rwanda if it were up to him.
But he clarified that he did not mean breaking the law and ignoring the Supreme Court’s ruling last week, as has been suggested by other senior Tories.
Pressed during an interview on Sky News when he thought deportation flights might be able to take off, Mr Davies said: ‘We will act as a quickly as we possibly can.
‘If it were up to me, I would be sending planes now.’
Questioned on whether that meant he would support breaking the law, he said: ‘No, we have to address the concerns of the Supreme Court and that is what we are doing with this treaty.’
Mr Davies said ministers feel ‘we can address’ the ‘very specific’ concerns that the senior judges had with the Rwanda deal through the treaty and a new law in Parliament.
A move to downgrade human rights rules would mirror proposals privately floated to No 10 by Suella Braverman before her sacking last week.
She has claimed Mr Sunak failed to act, angering MPs on the Right of the party.
Mr Sunak pledged emergency measures – plus a new, legally-binding treaty with Rwanda – last week in the wake of the immigration policy being declared unlawful by the Supreme Court.
It has been revealed Mrs Braverman wrote to the PM six times warning the Rwanda asylum scheme risked failure.
The former home secretary — who was sacked a week ago by Rishi Sunak — told the PM the flagship immigration policy was at ‘real risk’ of collapsing on legal grounds, sources said.
Her letters — sent over the course of her year in charge of the Home Office — also urged him to take ‘tough decisions’ to come up with an upgraded alternative.
But Mr Sunak failed to act, The Sun on Sunday reported.
‘Rishi and No 10 repeatedly failed to heed her warnings that we could lose in the courts and needed other options as well as a much tougher approach,’ a Tory source said.
‘Now we are miles behind in the polls. The buck stops with Sunak.’
After her sacking, Ms Braverman published a blistering letter in which she accused Mr Sunak of reneging on a secret deal she struck with him before supporting him as the new PM.
Speaking yesterday she said: ‘He is the leader right now, we need to back this team as much as possible to get it right and win the election. Our prospects are looking bleak and we need to start delivering.’
She also attacked Mr Sunak over his approach to extremism at pro-Palestinian marches. ‘I felt there had been a lack of moral leadership,’ Mrs Braverman said.
‘There had been tepid and timid statements from the Prime Minister throughout the course of this issue and I felt there was a real opportunity for the Prime Minister to demonstrate some moral leadership, to demonstrate that this is not what Britain stands for. I felt that was wholly lacking.’
She also renewed her criticism of the police’s approach to tackling marchers who step over the line.
‘I back the police but… the police let down the British people, let down the Jewish community.’
Former Home Secretary Suella Braverman had championed sending asylum seekers to Rwanda
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