Suella Braverman urges Rishi Sunak to go further on immigration
The policy is believed to increase the number of deportations because judges would not block them on human rights grounds and could help clear the backlog of more than 148,000 asylum seekers awaiting processing. their requests.
UK courts are not automatically bound by ECHR decisions, but they are required to take them into account.
A source told this newspaper: “Suella is pushing very hard for this. I don’t think Rishi is there yet, but she is very, very keen to see this matter resolved by at least adjusting the position under the ECHR, which we can do in national law.
It is understood that Ms Braverman pushed for the clauses notwithstanding as a way to reduce the influence of Strasbourg decisions in the UK, but would prefer to leave the convention altogether.
Sources familiar with discussions of the bill said Mr Sunak had not yet decided whether to include his suggestions, amid fears of a backlash from his own MPs.
On Tuesday, the Prime Minister avoided questions from several MPs on the ECHR after announcing his “five-point plan” to reduce illegal migrationincluding via small boats crossing the English Channel.
The plan includes the creation of a new “operational command of small boats”, a return agreement with the Albanian government and the designation of Albania as a “safe country”.
But challenged by Sir Bill Cash on the continued role of EU rulings in the UK, Mr Sunak said: ‘I am confident our legislation will deliver the asylum system we want to see.
The following day, 69 Tory MPs, including three former Cabinet ministers, rebelled against Mr Sunak by voting for a similar vote bill to ignore ECHR judgments on cases where migrants should be deported to Rwanda.
Sunak set to face prime minister’s biggest test
The Rwandan policy is on hold pending a High Court ruling on its legality, which is expected this week, but then risks being challenged again in Strasbourg.
Mr Sunak’s immigration reforms will likely be seen as the biggest test of his premiership to date as he tries to retain the confidence of Tory MPs who fear the public will punish him for the small boat crisis in the next election.
Ms Braverman has long opposed Britain joining the convention and has previously said ‘drastic action’ was needed to prevent her decisions from interfering with UK immigration policy .
In an interview with The Times on Saturday, she said there were “legitimate questions about whether this international framework is fit for purpose as we witness a global migration crisis.”
Robert Jenrick, the Immigration Secretary, is believed to agree with his position that the court rulings are a significant obstacle to government plans to deport any migrant who comes to the UK illegally.
A Home Office source said: ‘No final decision has yet been made on the legislation.