UK prime minister Rishi Sunak is under pressure from all wings of his party as Tory MPs await the promised Rwanda legislation set to accompany the newly signed treaty with Kigali.
Designed to designate Rwanda a safe destination and address the concerns that saw the UK Supreme Court deem the UK government’s flagship asylum policy unlawful, the Bill could be published in a matter of days.
But its likely contents have already divided Tory MPs, with fears that too radical an approach could prompt ministerial resignations.
Centrist MPs have pushed Mr Sunak to respect the European Convention on Human Rights (ECHR) and other international obligations, but right-wingers want him to take a hardline stance on the role of the European Court of Human Rights and human rights law to get flights off the ground as soon as possible.
According to The Times, Mr Sunak has rejected calls for the UK to opt out of or exclude the ECHR in asylum cases but may be considering disapplying parts of the Human Rights Act – which gives domestic legal effect to the ECHR – to prevent court challenges to deportation flights.
Members of the right-wing European Research Group (ERG), as well as MPs from the Common Sense and New Conservative groupings, met in Parliament on Tuesday hours after UK home secretary James Cleverly celebrated the treaty agreement.
The group’s so-called “star chamber” of lawyers are set to scrutinise the legislation before MPs vote on it, as ERG chairperson Mark Francois warned that MPs would not be “bounced” into backing the legislation without the time to assess it.
But Tory MPs from the One Nation faction have urged ministers to ensure the country follows rule of law rather than trying to undermine the oversight of the Strasbourg court.
Former UK cabinet minister Damian Green said he did not want to see tinkering with UK obligations under the ECHR or the Refugee Convention but to “get on with” the Rwanda plan.
He warned that it would be the “wrong thing for this country to do, bad for our international reputation”, while also making it “pretty much impossible” for any Bill to make it through the UK's House of Lords.
The UK’s top court last month blocked the Rwanda policy over concerns that genuine refugees could be wrongly sent back to their countries of origin where they would face persecution.
In an attempt to rectify this, the new treaty means British and Commonwealth judges will preside over a newly established appeals process within Rwanda’s high court for exceptional cases.
Another key measure is a commitment that no-one will be removed by Rwanda to any other country except the UK.
Experts from the UK will also be seconded to Rwanda to assist with the processing of asylum decisions.
People sent to Rwanda will have free legal assistance funded by the taxpayer throughout the process.
Mr Cleverly said no new money was directly connected to the document after disputed reports of a £15 million top-up payment, but did not rule out additional costs in the future.
After signing the deal with Mr Cleverly, Rwanda’s foreign affairs minister Vincent Biruta expressed his frustration at the judgment by some of the UK’s top justices.
He suggested “internal UK politics” may have played a role and said his country has been “unfairly treated” by the courts, international organisations and the media.
