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Sunak calls for change in international law that experts believe the government will violate the Law on Illegal Migration | Political News
Rishi Sunak is calling for changes in international law that experts believe his Illegal Migration law will violate.
The Prime Minister is in Iceland today for a Council of Europe summit, where he will meet with European leaders and the European Court of Human Rights (ECtHR).
Mr. Sunak said that “the current international [migration] the system is not working”, and that “our communities and the world’s most vulnerable people are paying the price”.
Downing Street is targeting Rule 39 of the ECHR in particular.
This is the procedure that allows the court to stop the “deportation or extradition of people” – and was the power used to prevent the government from deporting people to Rwanda last year at the eleventh hour.
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What is Rishi Sunak doing in Iceland?
The ability of an institution based in Europe to make such directions is there drawn during anger of certain factions of the Conservative Party, although the court itself is not part of the EU.
Mr Sunak’s Illegal Migration Bill – currently going through the House of Lords – is set to allow the home secretary to ignore orders made under Rule 39.
While this has been welcomed by Eurosceptic and anti-immigration Tories, bodies such as the Bar Council and the Law Society said taking such action would breach international law and damage the UK’s global reputation.
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UNHCR warning on the migration bill
Richard Atkinson, vice president of the Law Society, said: “If the UK were to refuse to comply with a decision of the European Court of Human Rights, it would be a clear and serious breach of international law.
“The rule of law means that governments respect and follow domestic and international law and disputes are decided by independent courts.”
The government has insisted that the draft law be in accordance with international law.
A source told Sky News that “Rule 39 is the temporary order used by Strasbourg judges to block Rwanda’s flight last year” – adding that “it is a new legal mechanism”.
European Court of Human Rights ex explained:
What is it and why does it override British justice?
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It is with this background that Mr. Sunak will make a request for “the reform of the ECHR Rule 39 process to ensure proper transparency, greater accountability and ensure the review of decisions”.
Downing Street says that for the Illegal Migration Bill to work properly, it “must go hand in hand with international cooperation to create a fit-for-purpose global asylum framework”.
Mr Sunak will discuss ECtHR reform – including Rule 39 – with the court’s president, Siofra O’Leary, during his time in Iceland.
The Prime Minister said: “It is very clear that our current international system is not working and our communities and the world’s most vulnerable people are paying the price.
“We need to do more to cooperate across borders and across jurisdictions to end illegal migration and stop boats.
“I am clear that as an active European nation with a proud history of helping those in need, the UK will be at the heart of this.”
According to Immigration Minister Robert Jenrick, the court is already conducting a review of Rule 39 “with the encouragement of a number of member states, including [the UK]”.
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