Judges to lose powers to block deportation flights after Rishi Sunak reaches deal with party rebels
Ministers will be allowed to block judges from stopping deportation flights in some situations under plans to toughen the illegal migration bill, Sky News understands.
Rishi Sunak has reached a deal with a group of right-wing Tory MPs who had threatened to rebel if the prime minister did not harden the controversial legislation.
It is expected that a new amendment will be introduced allowing ministers to ignore interim injunctions from the European Court of Human Rights that attempt to stop a deportation flight – known as Rule 39 orders.
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Another amendment is expected to say British courts are only able to stop deportations which could cause “serious or irreversible harm”.
A government source told Sky News: “It’s a discretion to opt out on rule 39 orders – still needs final sign off.
“Rule 39 is the interim order used by Strasbourg judges to block the Rwanda flight last year. It is not itself part of the ECHR. It’s a novel legal mechanism.”
Last June, the first deportation flight to Rwanda was grounded following an eleventh-hour intervention by the EHRC, and none have taken off since.
Since then some Tory MPs have been calling for the government to take the UK out of the EHRC altogether to push through tighter border measures.
But those on the more liberal wing of the party want to see more safe and legal routes to stop small boat crossings.
Another government amendment is expected to pledge to draw up plans for safe and legal routes within six months of bill becoming law – to appease MPs on left, a source told Sky News.
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The UNHCR says that the illegal migration bill would breach the UK’s obligations under the Refugee Convention and other laws.
However, a cross-bench peer has suggested the bill risks defeat in the Lords because of the plans to disregard Rule 39 orders.
Lord Thomas of Cwmgiedd, a former Lord Chief Justice said ignoring a ruling would be an “immensely serious step” and “sets an extraordinarily bad example”.
He told BBC Radio 4: “Many people would say having the power to ignore a court order is something – unless the circumstances were quite extraordinary – this is a step a government should never take because it is symbolic of a breach of the rule of law.”
The amendments are expected to be published on Thursday ahead of debates and votes next week.
The illegal migration bill is aimed at changing the law to make it clear people arriving in the UK illegally will not be able to remain in the country.
They will either be sent back to their home country or to a nation like Rwanda with which the UK has a deal, although legal challenges mean no flights carrying migrants have taken off for Kigali.
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But the plan has been shrouded in controversy, with critics including the UN Refugee Agency warning the proposed legislation leaves the UK falling short of its international obligations, and opposition parties dismissing it as unworkable.
However, Conservatives on the right of the party say it does not go far enough.
The compromise comes after Mr Sunak failed to guarantee he could achieve his plan to “stop the boats” by the next election and said it “won’t happen overnight”.
He had pledged to “stop the boats” as one of the five main priorities of his leadership.
But asked in an interview with Conservative Home whether he was confident he could do that by the next election, the prime minister said: “I’ve always said this is not something that is easy; it is a complicated problem where there’s no single, simple solution that will fix it.”
A Gaza deal is “on the brink”, President Joe Biden has said in his final foreign policy address.
The outgoing US leader said it would include a hostage release deal and a “surge” of aid to Palestinians.
“So many innocent people have been killed, so many communities have been destroyed. Palestinian people deserve
peace,” he said.
“The deal would free the hostages, halt the fighting, provide security to Israel, and allow us to significantly surge humanitarian assistance to the Palestinians who suffered terribly in this war that Hamas started.”
Pic: Reuters
The US president also hailed Washington’s support for Israel during two Iranian attacks in 2024.
“All told, Iran is weaker than it’s been in decades,” he said.
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Mr Biden was delivering his final foreign policy address before he leaves office next week.
Monday’s address will be the penultimate time he speaks to the country before the end of his presidency. He is due to give a farewell address on Wednesday.
US and Arab mediators made significant progress overnight toward brokering a ceasefire in the Israel-Hamas war and the release of scores of hostages held in the Gaza Strip – but a deal has not been reached yet, officials said.
A round of ceasefire talks will be held in Doha on Tuesday to finalise remaining details related to a ceasefire deal in Gaza – including over the release of up to 33 hostages – officials added.
Mr Biden went on to claim America’s adversaries were weaker than when he took office four years ago and that the US was “winning the worldwide competition”.
“Compared to four years ago, America is stronger, our alliances are stronger, our adversaries and competitors are
weaker,” he said.
“We have not gone to war to make these things happen.”
World
IDF admits ‘serious offence’ after using vehicle marked ambulance in raid in which a grandmother was killed
The Israel Defence Forces (IDF) has admitted to a “serious offence” after a Sky News investigation analysed CCTV footage showing the moment an 80-year-old Palestinian grandmother was shot in the West Bank.
Halima Abu Leil was shot during a raid in Nablus. The grandmother died soon after.
During the course of the investigation, we noted that a blue vehicle marked as an ambulance and with a red light on its roof was used by IDF troops to enter the West Bank.
Our investigation stated: “Figures who appear to be Israeli military forces exit the ambulance in the foreground. They are equipped with helmets, backpacks, rifles, and other gear.”
The use of a marked medical vehicle for a security operation could be a contravention of the Geneva Convention and a war crime – as well as Halima’s killing.
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CCTV shows Palestinian grandmother shot in IDF raid
The IDF has subsequently told Sky News: “On December 19, 2024, soldiers from the ‘Duvdevan’ unit took part in an operational mission to detain terrorists in Nablus.
“During the operation, an ambulance-like vehicle was used for operational purposes, without authorisation and without the relevant commanders’ approval.”
It added: “The use of the ambulance-like vehicle during the operation was a serious offence, exceeding authority, and a violation of existing orders and procedures.”
It also said the commander of the ‘Duvdevan’ unit was “reprimanded”.
However, it gave no update into the death of Halima, saying “the circumstances of the incident are being examined”.
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The United Nations Special Rapporteur on occupied Palestinian territory Francesca Albanese watched the CCTV video and told Sky News her death could be a “war crime”.
She said: “When I look at the footage, what emerges prima facie is that there were no precautions taken – within these operations whose legality is debatable – to avoid or spare civilian life.
“No principle of proportionality because there was wildfire directed at the identified target and ultimately no respect for the principle of distinction.
“So this was a murder in cold blood and could be a war crime as an extrajudicial killing.”
According to the United Nations Office Of Human Rights in occupied Palestinian territory, Israeli security forces and settlers have killed at least 813 mostly unarmed Palestinians, including 15 women and 177 children, since 7 October 2023.
Ukraine’s president is offering a prisoner swap with North Korean soldiers it has captured, in exchange for Ukrainians held by Russia.
Volodymyr Zelenskyy has made a direct appeal to leader Kim Jong Un after seizing two North Koreans in Russia’s Kursk region.
“In addition to the first captured soldiers from North Korea, there will undoubtedly be more. It’s only a matter of time before our troops manage to capture others,” he said in a video posted on X.
His video also included an offer of help to officials in California fighting the ongoing fires there.
It is the first time Ukraine has announced the capture of North Korean soldiers since their entry into the nearly three-year-old war last autumn.
Ukrainian and Western assessments say that some 11,000 troops from Russia‘s ally North Korea have been deployed in the Kursk region to support Moscow’s forces, although Russia has neither confirmed nor denied their presence.
Vladimir Putin and Kim Jong Un met in Pyongyang to sign a ‘military pact’ in June 2024. Pic: Kremlin Photo/AP
Mr Zelenskyy has said Russian and North Korean forces had suffered heavy losses.
“Ukraine is ready to hand over Kim Jong Un’s soldiers to him if he can organise their exchange for our warriors who are being held captive in Russia,” Mr Zelenskyy added.
He posted a short video showing the interrogation of two men, presented as North Korean soldiers.
One of them is lying on a bed with bandaged hands, the other is sitting with a bandage on his jaw.
Ukraine said on Saturday it had captured two North Korean soldiers. Pic: Volodymyr Zelenskyy/X
One of the men said through an interpreter that he did not know he was fighting against Ukraine and had been told he was on a training exercise. He said he hid in a shelter during the offensive and was found a couple of days later.
He said that if he was ordered to return to North Korea, he would, but he was ready to stay in Ukraine if given the chance.
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Sky News has not been able to verify the video.
“One of them (soldiers) expressed a desire to stay in Ukraine, the other to return to Korea,” said Mr Zelenskyy, adding that for North Korean soldiers who did not wish to return home, there may be other options available.
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