One of Kemi Badenoch’s top team has admitted there were flaws in the plan to return illegal migrants after Brexit, Sky News can reveal.

Boris Johnson repeatedly told the public that Brexit would mean taking back control of Britain’s borders and migration system.

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But in a leaked recording obtained by Sky News, Chris Philp, now shadow home secretary, said Britain’s exit from the EU – and end of UK participation in the Dublin agreement which governs EU-wide asylum claims – meant they realised they “can’t any longer rely on sending people back to the place where they first claimed asylum”.

Mr Philp appeared to suggest the scale of the problem surprised those in the Johnson government.

“When we did check it out… (we) found that about half the people crossing the Channel had claimed asylum previously elsewhere in Europe.”

In response tonight, the Tories insisted that Mr Philp was not saying the Tories did not have a plan for how to handle asylum seekers post Brexit.

Mr Philp’s comments from last month are a very different tone to 2020 when as immigration minister he seemed to be suggesting EU membership and the Dublin rules hampered asylum removals.

In August that year, he said: “The Dublin regulations do have a number of constraints in them, which makes returning people who should be returned a little bit harder than we would like. Of course, come the 1st of January, we’ll be outside of those Dublin regulations and the United Kingdom can take a fresh approach.”

Mr Philp was also immigration minister in Mr Johnson’s government so would have been following the debate closely.

In public, members of the Johnson administration were claiming this would not be an issue since asylum claims would be “inadmissible”, but gave no details on how they would actually deal with people physically arriving in the country.

A Home Office source told journalists once the UK is “no longer bound by Dublin after the transition”, then “we will be able to negotiate our own bilateral returns agreement from the end of this year”.

This did not happen immediately.

In the summer of 2020, Mr Johnson’s spokesman criticised the “inflexible and rigid” Dublin regulations, suggesting the exit from this agreement would be a welcome post-Brexit freedom. Mr Philp’s comments suggest a different view in private.

The remarks were made in a Zoom call, part of a regular series with all the shadow cabinet on 28 April, just before the local election.

Mr Philp was asked by a member why countries like France continued to allow migrants to come to the UK.

He replied: “The migrants should claim asylum in the first safe place and that under European Union regulations, which is called the Dublin 3 regulation, the first country where they are playing asylum is the one that should process their application.

“Now, because we’re out of the European Union now, we are out of the Dublin 3 regulations, and so we can’t any longer rely on sending people back to the place where they first claimed asylum. When we did check it out, just before we exited the EU transitional arrangements on December the 31st, 2020, we did run some checks and found that about half the people crossing the channel had claimed asylum previously elsewhere in Europe.

“In Germany, France, Italy, Spain, somewhere like that, and therefore could have been returned. But now we’re out of Dublin, we can’t do that, and that’s why we need to have somewhere like Rwanda that we can send these people to as a deterrent.”

Mr Johnson announced the Rwanda plan in April 2022 – which Mr Philp casts as the successor plan – 16 months after Britain left the legal and regulatory regime of the EU, but the plan was blocked by the European Court of Human Rights.

Successive Tory prime ministers failed to get any mandatory removals to Rwanda, and Sir Keir Starmer cancelled the programme on entering Downing Street last year, leaving the issue of asylum seekers from France unresolved.

Speaking on Sky News last weekend, Home Secretary Yvette Cooper said there has been a 20% increase in migrant returns since Labour came to power, along with a 40% increase in illegal working raids and a 40% increase in arrests for illegal working.

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Britain’s membership of the EU did not stop all asylum arrivals. Under the EU’s Dublin regulation, under which people should be processed for asylum in the country at which they first entered the bloc.

However, many EU countries where people first arrive, such as Italy, do not apply the Dublin rules.

The UK is not going to be able to participate again in the Dublin agreement since that is only open to full members of the EU.

Ministers have confirmed the Labour government is discussing a returns agreement with the French that would involve both countries exchanging people seeking asylum.

Asked on Sky News about how returns might work in future, the transport minister Lilian Greenwood said on Wednesday there were “discussions ongoing with the French government”, but did not say what a future deal could look like.

She told Sky News: “It’s not a short-term issue. This is going to take really hard work to tackle those organised gangs that are preying on people, putting their lives in danger as they try to cross the Channel to the UK.

“Of course, that’s going to involve conversations with our counterparts on the European continent.”

Pressed on the returns agreement, Ms Greenwood said: “I can confirm that there are discussions ongoing with the French government about how we stop this appalling and dangerous trade in people that’s happening across the English Channel.”

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A Conservative Party spokesman said: “The Conservative Party delivered on the democratic will of this country, and left the European Union.

“The last government did have a plan and no one – including Chris – has ever suggested otherwise.

“We created new deals with France to intercept migrants, signed returns agreements with many countries across Europe, including a landmark agreement with Albania that led to small boat crossings falling by a third in 2023, and developed the Rwanda deterrent – a deterrent that Labour scrapped, leading to 2025 so far being the worst year ever for illegal channel crossings.

“However, Kemi Badenoch and Chris Philp have been clear that the Conservatives must do a lot more to tackle illegal migration.

“It is why, under new leadership, we are developing g new policies that will put an end to this problem – including disapplying the Human Rights Act from immigration matters, establishing a removals deterrent and deporting all foreign criminals.”

Philip and Clare are on opposing sides on the issue of assisted dying.

Last year, Sky News filmed them as they watched the country debate whether to change the law to allow it.

Now, the pair meet each other for the first time to let the country watch them debate.

Warning: This article contains descriptions of assisted dying and suicide throughout

Meet Clare

My name’s Clare and I live on a farm in North Devon. I’ve got two fabulous daughters, Chloe and Izzy. I have stage 4 breast cancer.

I’ve been campaigning for the assisted dying bill [Terminally Ill Adults (End of Life) Bill] to pass through Parliament. I’m looking forward to meeting Philip. I hope it’s not going to be an argument.

Meet Philip

The name’s Philip, and I’m from the Midlands where I live with my wife Pauline. I was given six months to live last year, I should be dead right now.

I’ve got pancreatic cancer. I’m against assisted dying – or assisted suicide, as I call it. I feel terribly sorry for Clare. I want nobody to be suffering.

The pair meet in Bristol – halfway between their addresses.

After greeting with a hug, Philip tells Clare his mother died of cancer when he was a young teenager.

Philip: She said, ‘God, please either heal me or take me.’ I realised that my mum must have believed and trusted in God. Now I keep saying to the doctor that I pray God will stop the cancer growing.

Clare: I think I’m similar about Mother Earth. Whilst I’m not a Christian, I’ve always had this acceptance and understanding that I’m part of a natural cycle.

I don’t have that need to fight death as much as I’m hearing from you.

Philip: I’m not aware of fighting, because in my terms, it would be a sheer waste of time.

Clare tells Philip she would like a “good death”.

Clare: In my garden, with my daughters, preferably one of them playing her guitar – it’s my paradise. I would like to have the choice, whether I took it up or not at the last minute, at a time and place of my choosing, when death is close, to be able to take something to hasten my death.

Philip: There could be a cure for what you and I have got, but we just don’t know. You don’t know what miracle is around the corner, and if you commit suicide, you’re robbing yourself of that opportunity.

Both agree that breaking the news of their diagnoses to their children was the hardest part of cancer. Clare says the disease has turned her liver “20 shades of grey”.

Clare: It’s pretty much gone to all my bones, except for my hands and feet.

Philip: Horrible.

Clare: Then there’s also the treatment. Did you have any Docetaxels?

Philip: I’m very grateful I have refused it all.

Clare: Have you not had any chemotherapy?

Philip: I’ve had nothing.

Philip warns Clare that if the Terminally Ill Adults Bill is approved, vulnerable people could be pressured into taking their own life. He’d rather leave his death in God’s hands.

Philip: I want to do what God says. So, I’m against assisted dying on those principles of the fact that no matter what safeguards you put in, you’re breaking, what I understand to be God’s plan and purpose.

Clare: When I got my diagnosis, the first thing I said to my consultant was, “well, thank goodness I can take my own life”. I’d been very consistent, and I was on my own in the room, nobody else with me. And I think I’m a sort of bright, intelligent person.

Philip: I didn’t say you weren’t.

Clare: I really understand the power of coercive control, the insidious nature of it.

Philip: I feel sorry for the poor suckers who are with you.

Clare: My daughters?

Philip: They’ve got to live with the fact that you died and they let you.

Clare: My daughters are completely supportive of assisted dying.

Clare says dying should be a personal choice.

Clare: It’s not about other people with terminal life-limiting disease or people with disabilities. It’s purely an option for Clare Turner.

Philip: If they alter the law for Clare Turner, they’ve got to alter it for everybody.

Clare: At the moment, over 300 people with terminal illnesses take their own life in pretty miserable situations, quite often alone, every year.

Philip: It’s financial. If it’s costing hundreds of thousands to look after you, just think what we could save if we bumped 20 of you off.

Clare: I find that quite offensive, Philip.

Clare: I guess I’m just not a cynical person.

Philip: I’m not a cynical person. I’m facing reality. I see how it’s been applied in other countries.

Show me Canada and Belgium have never altered their laws with regards to assisted suicide. You can’t. They’ve altered them totally.

Before they say goodbye, Clare gifts Philip honey made by bees that visit her garden.

Philip gives Clare a box of chocolates called Heroes.

“Anybody who is battling with cancer is a hero not to quit,” he says.

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK.

In the US, call the Samaritans branch in your area or 1 (800) 273-TALK

A man who has spent 38 years in prison for murder has had his conviction quashed – but insisted he is “not angry” or “bitter”.

The Court of Appeal ruling in the case of Peter Sullivan ends what’s thought to be the longest-running miscarriage of justice in British history.

He was found guilty of the 1986 murder of 21-year-old Diane Sindall, who had been beaten, raped and left in an alleyway in Bebington, Merseyside.

Mr Sullivan – who was jailed in 1987 – had always maintained his innocence and first tried to challenge his conviction in 2016, but the Criminal Cases Review Commission (CCRC) declined to refer the case, and he lost his own appeal bid in 2019.

Two years later, he again asked the CCRC to refer his case and new tests, ordered by the commission, revealed Mr Sullivan’s DNA was not present on samples preserved at the time.

At a hearing on Tuesday, lawyers for Mr Sullivan told the Court of Appeal in London that the new evidence showed that Ms Sindall’s killer “was not the defendant”.

Mr Sullivan attended the hearing via video link from HMP Wakefield, listening to his conviction being quashed with his head down and arms folded before appearing to weep and putting his hand to his mouth.

A relative in court also wept as the judgment was read out.

‘The truth shall set you free’

In a statement following the ruling, Mr Sullivan – now 68 – said: “I lost my liberty four decades ago over a crime I did not commit.

“What happened to me was very wrong, but does not detract that what happened… was a heinous and most terrible loss of life.”

He added: “It is said the truth shall set you free. It is unfortunate that it does not give a timescale as we advance towards resolving the wrongs done to me.

“I am not angry, I am not bitter.

“I am simply anxious to return to my loved ones and family as I’ve got to make the most of what is left of the existence I am granted in this world.”

Outside court, Mr Sullivan’s sister Kim Smith said she was “ecstatic” at seeing her brother’s conviction quashed.

She told reporters: “We lost Peter for 39 years and at the end of the day, it’s not just us; Peter hasn’t won, and neither has the Sindall family. They’ve lost their daughter, they are not going to get her back.

“We’ve got Peter back and now we’ve got to try and build a life around him again. We feel sorry for the Sindalls and it’s such a shame this has had to happen in the first place.”

Barristers for the Crown Prosecution Service (CPS) said the DNA evidence was “sufficient fundamentally to cast doubt on the safety of the conviction” and that there was “no credible basis on which the appeal can be opposed”.

Lord Justice Holroyde, sitting with Mr Justice Goss and Mr Justice Bryan, said in light of the new DNA evidence “it is impossible to regard the appellant’s conviction as safe” as he quashed the conviction.

Hunt for DNA match

Merseyside Police has confirmed detectives are now “carrying out an extensive investigation in a bid to identify who the new DNA profile belongs to, as to date there is no match on the national DNA database”.

Detectives are also contacting individuals identified in the original investigation to request voluntary DNA samples.

That initial investigation was the largest in the force’s history and, for many officers, the “frenzied” nature of the attack made it the worst case they had ever encountered.

Ms Sindall, who was engaged to be married, had just left her shift as a part-time barmaid at a pub in Bebington when her small blue van ran out of petrol.

She was walking to an all-night garage when she was attacked.

Mr Sullivan, who was 29 at the time and described as a loner, initially denied the attack but later signed a confession.

Questions have since been raised about whether he had proper legal representation during police interviews. Evidence related to bite marks on Ms Sindall’s body, considered crucial at the trial, has also since been called into question.

At the time of Mr Sullivan’s trial in 1987, DNA technology was not available and subsequent requests for new tests had been refused.

‘Nobody felt safe’

On the grass verge close to where Ms Sindall’s body was found, a memorial stone has been placed in memory of her and “and all of our sisters who have been raped and murdered”.

Her murder sent a chill through the community and led to the creation of the Rape and Sexual Abuse Centre on Merseyside. “Nobody felt safe, it was a very scary time,” said the centre’s Jo Wood.

She says the uncertainty has resurfaced. “There’s someone out who killed Diane Sindall,” said solicitor Ms Myatt.

“The biggest fear we’ve got is of the unknown and now we’ve got an unknown. We don’t know who it might be. Who knows who this person is? Are we going to encounter him?

“We might have encountered him, we don’t know, we just know that he’s out there.”

Ms Sindall’s family told Sky News they did not want to comment on the case.

Mel John, landlord of the pub where Ms Sindall worked on the night of her death, said: “I’m glad he’s being released if he’s innocent. It has been a long time.”

Mr Sullivan is also aware, his solicitor says, of the impact on Ms Sindall’s family.

“We are very sensitive and respectful to the fact that there is a victim, Diane Sindall and her family, that will be affected by this process,” the solicitor said.