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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 ECHR, and none have taken off since.

Since then some Tory MPs have been calling for the government to take the UK out of the ECHR altogether to push through tighter border measures.

But legal experts have warned against any plans to ignore ECHR rulings, while one cross-party peer has suggested the bill faces defeat in the House of Lords.

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UNHCR warning over migration bill

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.”

Richard Atkinson, the deputy vice-president of the Law Society of England and Wales, said he was concerned that the UK was heading towards a “clear and serious breach of international law”.

“The rule of law means governments respect and follow domestic and international law and disputes are ruled on by independent courts.

“This amendment would undermine the global rules-based order, set a dangerous precedent within the international community and damage the UK’s standing in the world.”

Steve Valdez-Symonds, Amnesty International UK’s refugee and migrant rights director, called on any such plan to be “abandoned immediately”.

“Rather than pandering to extremists in his party who would walk away from our international legal commitments, the prime minister should insist that his government focuses on establishing a fair and efficient system for processing the asylum claims and taking this country’s share of responsibility in the world.”

While some Tory MPs want the bill to go further, 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 the bill becoming law – to appease MPs on left, a source told Sky News.

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.

Read more:
Is there a safe and legal route to the UK?
Number of people who have migrated to UK since Rwanda deal was announced

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.

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.”

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How two years of war have shattered the Gaza Strip

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How two years of war have shattered the Gaza Strip

As a possible ceasefire takes shape, Palestinians face the prospect of rebuilding their shattered enclave.

At least 67,194 people have been killed, according to Gaza’s Hamas-run health ministry, the majority of them (53%) women, children and elderly people.

The war has left 4,900 people with permanent disabilities, including amputations, and has orphaned 58,556 children.

Altogether, one in ten Palestinians has been killed or injured since the war began following Hamas’s October 7, 2023 attack on southern Israel.

The attack killed 1,195 people, including 725 civilians, according to Israeli officials. The IDF says that a further 466 Israeli soldiers have been killed during the subsequent conflict in Gaza.

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Israel says a ceasefire is expected to begin within 24 hours after its government ratifies the ceasefire deal tonight.

Swathes of Gaza have been reduced to rubble

More than 90% of Palestinians in Gaza have been displaced, many of them multiple times, following Israeli evacuation orders that now cover 85% of the Gaza Strip.

Few of them will have homes to return to, with aid groups estimating that 92% of homes have been destroyed.

“Despite our happiness, we cannot help but think of what is to come,” says Mohammad Al-Farra, in Khan Younis. “The areas we are going back to, or intending to return to, are uninhabitable.”

The destruction of Gaza is visible from space. The satellite images below show the city of Rafah, which has been almost totally razed over the past two years.

In just the first ten days of the war, 4% of buildings in Gaza were damaged or destroyed.

By May 2024 – seven months later – more than 50% of buildings had been damaged or destroyed. At the start of this month, it rose to 60% of buildings.

A joint report from the UN, EU and World Bank estimated that it would take years of rebuilding and more than $53 billion to repair the damage from the first year of war alone.

A surge in aid

Central to the promise of the ceasefire deal is that Israel will allow a surge of humanitarian aid to enter the Gaza Strip.

The widespread destruction of homes has left 1.5 million Palestinians in need of emergency shelter items.

Many of these people are living in crowded tent camps along Gaza’s coast. That includes Al Mawasi, a sandy strip of coastline and agricultural land that Israel has designated a “humanitarian zone”.

Aid agencies report that families are being charged rent of up to 600 shekels (£138) for tent space, and over $2,000 (£1,500) for tents.

Israel has forbidden the entry of construction equipment since the war began and has periodically blocked the import of tents and tent poles.

Restrictions on the entry of food aid have created a famine in Gaza City, and mass hunger throughout the rest of the territory.

Data from Israeli border officials shows that the amount of food entering Gaza has frequently been below the “bare minimum” that the UN’s famine-review agency says is necessary to meet basic needs.

As a result, the number of deaths from malnutrition has skyrocketed in recent months.

To date, Gaza’s health ministry says, 461 people have died from malnutrition, including 157 children.

“Will Netanyahu abide this time?”

As talks of a ceasefire progressed, the Israeli assault on Gaza City continued.

Footage shared on Tuesday, the two-year anniversary of the war, showed smoke rising over the city following an airstrike.

A video posted on Wednesday, verified by Sky News, showed an Israeli tank destroying a building in the city’s northern suburbs.

Uncertainty still remains over the future of Gaza, with neither Israel nor Hamas agreeing in full to the peace plan presented by US president Donald Trump. So far, only the first stage has been agreed.

A previous ceasefire, agreed in January, collapsed after Israel refused to progress to the agreement’s second stage. With that in mind, many in Gaza are cautious about their hopes for the future.

“Maybe we trust Trump, but will Netanyahu abide this time?,” asks Aya, a 31-year old displaced Palestinian in Deir al Balah.

“He has always sabotaged everything and continued the war. I hope he ends it now.”

Additional reporting by Sam Doak, OSINT producer.


The Data and Forensics team is a multi-skilled unit dedicated to providing transparent journalism from Sky News. We gather, analyse and visualise data to tell data-driven stories. We combine traditional reporting skills with advanced analysis of satellite images, social media and other open source information. Through multimedia storytelling we aim to better explain the world while also showing how our journalism is done.

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Trump’s Gaza deal may not go down well with everyone – but for now, it’s a beacon of optimism

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Trump's Gaza deal may not go down well with everyone - but for now, it's a beacon of optimism

When the peace deal came, it came quickly.

Rumours had been spreading over the course of the day, anticipation grew. A source told me that a deal would be done by Friday, another said perhaps by Thursday evening.

Israel and Hamas agree to peace deal – live updates

They were both wrong. Instead, it came much sooner, announced by Donald Trump on his own social media channel. Without being anywhere near the talks in Egypt, the president was the dominant figure.

Few will argue that he deserves the credit for driving this agreement. We can probably see the origins of all this in Israel’s decision to try to kill the Hamas leadership in Doha.

The attack failed, and the White House was annoyed.

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‘Hostages coming back,’ Trump tells families

Arab states started to express themselves to Trump more successfully, arguing that it was time for him to rein in Benjamin Netanyahu and bring an end to the war.

They repeated the call at a meeting during the UN General Assembly, which seems to have landed. When the president later met Netanyahu, the 20-point plan was born, which led to this fresh peace agreement.

Donald Trump holds a note saying a deal is 'very close'. Pic: Reuters
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Donald Trump holds a note saying a deal is ‘very close’. Pic: Reuters

Does it cover everything? Absolutely not. We don’t know who will run Gaza in the future, for a start, which is a pretty yawning hole when you consider that Gaza’s fresh start is imminent.

We don’t know what will happen to Hamas, or to its weapons, or really how Israel will withdraw from the Strip.

But these talks have always been fuelled by optimism, and by the sense that if you could stop the fighting and get the hostages home, then everything else might just fall into place.

Reaction to the peace deal in Tel Aviv from Einav Zangauker, whose son Matan is being held hostage. Pic: Reuters
Image:
Reaction to the peace deal in Tel Aviv from Einav Zangauker, whose son Matan is being held hostage. Pic: Reuters

In order to agree to this, Hamas must surely have been given strong assurances that, even at some level, its demands for Palestinian self-determination would bear fruit. Otherwise, why would the group have given up their one trump card – the 48 hostages?

Once they have gone, Hamas has no leverage at all. It has precious few friends among the countries sitting around the negotiating table, and it is a massively depleted fighting force.

So to give up that power, I can only assume that Khalil al-Hayya, the de facto Hamas leader, got a cast-iron guarantee of… something.

Arab states will greet this agreement with joy. Some of that is to do with empathy for the Palestinians in Gaza, where 67,000 people have been killed and more than 10% of the population has become a casualty of war.

An Israeli soldier stands next to the parcels of humanitarian aid awaiting to be transferred into Gaza in July. File pic: Reuters
Image:
An Israeli soldier stands next to the parcels of humanitarian aid awaiting to be transferred into Gaza in July. File pic: Reuters

But they will also welcome a path to stability, where there is less fear of spillover from the Gaza conflict and more confidence about the region’s economic and political unity.

Trump’s worldview – that everything comes down to business and deal-making – is welcomed by some of these leaders as a smart way of seeing diplomacy.

Jared Kushner has plenty of friends among these nations, and his input was important.

Read more about 7 October:
‘It is trauma’: Two lives torn apart
‘Instead of getting married, they got buried together’

For many Israelis, this comes down to a few crucial things. Firstly, the hostages are coming home. It is hard to overstate just how embedded that cause is to Israeli society.

The return of all 48, living and dead, will be a truly profound moment for this nation.

Secondly, their soldiers will no longer be fighting a war that, even within the higher echelons of the military, is believed to be drifting and purposeless.

Thirdly, there is growing empathy for the plight of the Gazans, which is tied to a fourth point – a realisation that Israel’s reputation on the world stage has been desperately tarnished.

Some will object to this deal and say that it is too weak; that it lets Hamas off the hook and fails to punish them for the atrocities of 7 October.

It is an accusation that will be levelled by far-right members of Netanyahu’s coalition government. It could even collapse the administration.

But for most people, in Israel, Gaza, across the Middle East and around the world, it is a moment of relief. Last week, I was in Gaza, and the destruction was absolutely devastating to witness.

Whatever the compromises, the idea that the war has stopped is, for the moment at least, a beacon of optimism.

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All the hostages believed to be alive and who are due for release

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All the hostages believed to be alive and who are due for release

As Israel and Hamas finally strike a deal aimed at bringing an end to the war in Gaza, we take a look at the hostages still believed to be alive and who are set to return home any day now.

Israel says that of the 250 initially taken captive in Hamas’s 7 October attack, 20 of the hostages that remain in Gaza are thought to be alive and 28 are dead.

As part of the first phase of the peace deal brokered by US President Donald Trump, some hostages will be released and Israeli soldiers will start withdrawing from Gaza.

On Thursday, Israel said the deal had been signed and the ceasefire would go into force within 24 hours of a cabinet meeting. After that period, the hostages in Gaza will be freed within 72 hours, an Israeli government spokeswoman said.

Here are the hostages believed to be alive and who could soon be returning home after two years of captivity in the besieged enclave of Gaza:

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