Rishi Sunak has said he will introduce emergency legislation to make sure his Rwanda plan is not blocked again – and insisted “flights will be heading off in the spring as planned”.
After the Supreme Court ruled the flagship asylum policy is unlawful, the prime minister said he had been working on a new international treaty with the East African nation to address the judges’ concerns and ensure it is “safe”.
He said: “This will provide a guarantee in law that those who are relocated from the UK to Rwanda will be protected against removal from Rwanda and it will make clear that we will bring back anyone if ordered to do so by a court.
“We will finalise this treaty in light of today’s judgment and ratify it without delay.”
Mr Sunak insisted the legislation would “end the merry-go-round” of legal challenges that have stopped flights from taking off since the controversial plan was announced in April last year.
The policy would see anyone arriving in the UK by unauthorised means deported to Rwanda to claim asylum there – not the UK.
“We need to end the merry-go-round,” Mr Sunak told a Downing Street news conference.
“I said I was going to fundamentally change our country, and I meant it.”
Advertisement
The PM said he would be taking the “extraordinary step of introducing emergency legislation”, which will “enable parliament to confirm that with our new treaty, Rwanda is safe”.
But he also acknowledged that even if domestic laws are changed, the government could still face legal challenges from the European Court of Human Rights and vowed: “I will not allow a foreign court to block these flights.”
“If the Strasbourg court chooses to intervene against the express wishes of parliament,I am prepared to do what is necessary to get flights off,” he said.
Please use Chrome browser for a more accessible video player
0:47
Supreme Court rules Rwanda plan unlawful
In its ruling on Wednesday, the UK’s highest court said refugees sent to Rwanda would be at “real risk” of being returned to their country of origin, whether their grounds to claim asylum were justified or not – breaching international law.
It has fuelled calls from some Tory MPs to pull the UK out of the European Convention on Human Rights (ECHR) in order to push forward with the plan – something Mr Sunak has so far resisted doing.
An eleventh-hour injunction from the ECHR stopped the first scheduled flights from taking off to Rwanda’s capital Kigali last June, and no one has been deported since.
Please use Chrome browser for a more accessible video player
0:42
Asylum seekers celebrate Rwanda verdict
The Supreme Court judges said it is not only the ECHR which is relevant to their ruling, pointing out that the UK is signed up “other international treaties which also prohibit the return of asylum seekers to their countries of origin without a proper examination of their claims”.
The prime minister set out a two part plan – first, putting the Rwanda agreement into a treaty, ensuring once asylum seekers are taken to the country, they will stay there.
But it was the second bit that we didn’t know was coming that could prove controversial – the emergency legislation.
It sounds as if the PM is planning to pass a law that declares Rwanda a ‘safe’ country and that cannot be challenged in the UK courts on the basis of the European Human Rights Convention and other international human rights laws.
In effect, the UK courts would have to accept that judgment as parliament is sovereign. So, providing this legislation doesn’t get gummed up in the House of Lords, that’s the domestic courts sorted.
However, that legislation would not override the European Court of Human Rights in Strasbourg.
An asylum seeker would be able to take their claim to that court, which would then make its own judgment on whether Rwanda is ‘safe’, as the UK government would have declared.
Even before they have ruled, the Strasbourg court could issue a “rule 39” order to block flights. It sounds from the news conference as if Sunak would simply ignore that if it came again. This means there’s a much higher chance flights to Rwanda might be able to take off.
A judgment from the Strasbourg court that Rwanda is not, in fact, a safe country would in time likely set up a huge political and legal battle for the government.
Would they simply ignore the ruling and send flights to Rwanda anyway? Is the government happy to be in breach of the European Convention of Human Rights? Would we be expelled or leave?
Big questions, but perhaps ones not settled this side of an election. Which might just be the point.
Mr Sunak was not clear about how he thinks he can circumvent human rights laws and international conventions.
However he said he was confident that his new plan will work.
The PM said he is “delivering” on his pledge to stop the boats, and the new treaty is “ready to go” to reassure the courts.
“We will clear the remaining barriers and flights will be heading off in the spring as planned,” he added.
However, some Tory MPs want Mr Sunak to go further and disapply human rights laws so the scheme can go ahead.
Please use Chrome browser for a more accessible video player
2:31
Rwanda ruling ‘massive blow’ to PM
Suella Braverman, who was sacked as home secretary on Monday, has called for emergency legislation to “block off the ECHR and other routes of legal challenge”.
Conservative Party deputy chairman Lee Anderson said the government should “ignore the laws” and send migrants back the same day they arrive in the UK.
The New Conservatives, a right-wing pressure group of MPs, said Mr Sunak’s new legislation “must disapply the Human Rights Act and give effect to the policy *notwithstanding* the ECHR and Refugee Convention”.
“It must restate the power of Govt to disregard interim rulings from Strasbourg,” they posted on X.
Britain is expected to pay Rwanda more money for the new treaty, having already handed over £140m under the plans that have seen not one asylum seeker removed since it was announced.
Earlier, Labour leader Sir Keir Starmer demanded an apology to the nation from Mr Sunak for wasting millions of pounds of taxpayers’ cash on the “ridiculous, pathetic spectacle”.
Climate change, the crisis in the Middle East, the continuing war in Ukraine, combating global poverty.
All of these are critical issues for Britain and beyond; all of them up for discussions at the G20 summit in Rio de Janeiro this week, and all of them very much in limbo as the world awaits the arrival of president-elect Donald Trump to the White House.
Because while US President Joe Biden used Nato, the G7 and the G20, as forums to try to find consensus on some of the most pressing issues facing the West, his successor is likely to take a rather different approach. And that begs the question going into Rio 2024 about what can really be achieved in Mr Biden’s final act before the new show rolls into town.
On the flight over to Rio de Janeiro, our prime minister acted as a leader all too aware of it as he implored fellow leaders to “shore up support for Ukraine” even as the consensus around standing united against Vladimir Putin appears to be fracturing and the Russian president looks emboldened.
“We need to double down on shoring up our support for Ukraine and that’s top of my agenda for the G20,” he told us in the huddle on the plane. “There’s got to be full support for as long as it takes.”
But the election of Mr Trump to the White House is already shifting that narrative, with the incoming president clear he’s going to end the war. His new secretary of state previously voted against pouring more military aid into the embattled country.
Mr Trump has yet to say how he intends to end this war, but allies are already blinking. In recent days, German Chancellor Olaf Scholz has spoken with Mr Putin for the first time in two years to the dismay of the Ukrainian president Volodymyr Zelenskyy, who described the call as “opening Pandora’s Box”.
More on G20
Related Topics:
Please use Chrome browser for a more accessible video player
0:53
Ukraine anger over Putin-Scholz call
Sir Keir for his part says he has “no plans’ to speak to Putin as the 1,000th day of this conflict comes into view. But as unity amongst allies in isolating Mr Putin appears to be fracturing, the Russian leader is emboldened: on Saturday night Moscow launched one of the largest air attacks on Ukraine yet.
All of this is a reminder of the massive implications, be it on trade or global conflicts, that a Trump White House will have, and the world will be watching to see how much ‘Trump proofing’ allies look to embark upon in the coming days in Rio, be that trying to strike up economic ties with countries such as China or offering more practical help for Ukraine.
Advertisement
Both Sir Keir Starmer and French President Emmanuel Macron want to use this summit to persuade Mr Biden to allow Mr Zelenskyy to fire Storm Shadow missiles deep into Russian territory, having failed to win this argument with the president during their meeting at the White House in mid-September. Starmer has previously said it should be up to Ukraine how it uses weapons supplied by allies, as long as it remains within international law and for the purposes of defence.
“I am going to make shoring up support for Ukraine top of my agenda as we go into the G20,” said Sir Keir when asked about pressing for the use of such weaponry.
“I think it’s important we double down and give Ukraine the support that it needs for as long as it needs it. Obviously, I’m not going to get into discussing capabilities. You wouldn’t expect me to do that.”
But even as allies try to persuade the outgoing president on one issue where consensus is breaking down, the prospect of the newcomer is creating other waves on climate change and taxation too. Argentine President Javier Milei, a close ally of Trump, is threatening to block a joint communique set to be endorsed by G20 leaders over opposition to the taxation of the super-rich, while consensus on climate finance is also struggling to find common ground, according to the Financial Times.
Where the prime minister has found common ground with Mr Trump is on their respective domestic priorities: economic growth and border control.
So you will be hearing a lot from the prime minister over the next couple of days about tie-ups and talks with big economic partners – be that China, Brazil or Indonesia – as Starmer pursues his growth agenda, and tackling small boats, with the government drawing up plans for a series of “Italian-style” deals with several countries in an attempt to stop 1000s of illegal migrants from making the journey to the UK.
Italy’s Prime Minister Giorgia Meloni has struck financial deals with Tunisia and Libya to get them to do more to stop small-boat crossings, with some success and now the UK is in talks with Kurdistan, semi-autonomous region in Iraq, Turkey and Vietnam over “cooperation and security deals” which No 10 hope to sign next year.
The prime minister refused on Sunday to comment on specific deals as he stressed that tackling the small boats crisis would come from a combination of going after the smuggling gangs, trying to “stop people leaving in the first place” and returning illegal migrants where possible.
“I don’t think this is an area where we should just do one thing. We have got to do everything that we can,” he said, stressing that the government had returned 9,400 people since coming into office.
But with the British economy’s rebound from recession slowing down sharply in the third quarter of the year, and small boat crossings already at a record 32,947, the Prime Minister has a hugely difficult task.
Add the incoming Trump presidency into the mix and his challenges are likely to be greater still when it comes to crucial issues from Ukraine to climate change, and global trade. But what Trump has given him at least is greater clarity on what he needs to do to try to buck the political headwinds from the US to the continent, and win another term as a centre left incumbent.