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.
Image: Chris Philp is the shadow home secretary. Pic: Reuters
“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.
Image: Philp was previously a close ally of Liz Truss. Pic: PA
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.”
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1:42
Has Brexit saved the UK from tariffs?
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.
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.”
The streets of Britain have turned into “theatres of intimidation”, Kemi Badenoch has warned in a speech to mark the opening of the Conservative Party Conference in Manchester.
Speaking just days after a terror attack at a synagogue in the city left two people dead, the Tory leader claimed extremism “has gone unchecked” in the UK.
She said this had manifested in Pro-Palestine protests which are “in fact carnivals of hatred directed at the Jewish homeland”.
She cited the use of “asinine slogans” such as ‘Globalise the Intifada’, saying this “means nothing at all, if it doesn’t mean targeting Jewish people for violence”.
Ms Badenoch added: “So the message from this conference, from this party, from every decent and right-thinking person in this country must be that we will not stand for it any more. We cannot import and tolerate values hostile to our own.
“We must now draw a line and say that in Britain you can think what you like, and within the bounds of the law you can say what you like, but you have no right to turn our streets into the theatres of intimidation and we will not let you do so any more.“
Nearly 500 people were arrested over protests supporting the proscribed group Palestine Action in central London on Saturday.
Demonstrators defied calls from political leaders, including Prime Minister Sir Keir Starmer, to reconsider the event out of respect for the grief of the British Jewish community.
The chief of the Metropolitan Police, Sir Mark Rowley, also called for the event to be postponed, saying he was worried resources would be stretched and the ability of the force to protect communities would be compromised.
Image: Supporters at this year’s Tory party conference greet their leader Kemi Badenoch. Pic: PA
She said that shadow Northern Ireland Secretary Alex Burghart will lead a review into a union-wide implementation of leaving the ECHR, so voters have “a clear, thorough and robust plan, not the vague mush that we see day in, day out from Labour, nor the vacuous posturing that we see day in, day out from Reform”.
The plan has been condemned by Former Conservative justice secretary and Lord Chancellor Robert Buckland, who lost his seat at the 2024 election.
“I have seen first-hand how deeply this issue touches our constitution, our Union, and our international standing. It would be a profound mistake to go down this path,” he wrote in an article for Conservative Home.
The comments reflect how the issue has long divided the party, with “one nation” moderates like Mr Buckland opposed to the idea of leaving the ECHR, and others seeing it as necessary to get a grip on illegal migration and tackle Reform UK.
In a sign she won’t shy away from that fight, Ms Badenoch told GB News earlier that every Conservative candidate must sign up to her plan to leave the ECHR, or they would be barred from standing at the next election.
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The Tories are languishing in the polls behind Reform and Labour after suffering their worst-ever defeat at the election last year.
Ms Badenoch, who was elected to lead the party last November, ended her speech acknowledging there was a “mountain to climb” but insisting she was up for the fight.
“Britain needs deep change. But I reject the politics that everything must go, that everything must be torn down, that everything is broken,” she said.
“If we leave it to Labour or Reform, Britain will be divided. Only the Conservatives can bring this country back together.
“So, I say to you all as we start our conference, yes, we have a mountain to climb, but we have a song in our hearts, and we are up for the fight.”
It follows the arrests of nearly 500 peopleduring demonstrations in support of the proscribed group Palestine Action in central London on Saturday.
Protesters defied calls to rethink the event in the wake of the Manchester synagogue terror attack on Thursday, in which two Jewish worshippers were killed.
The new powers will allow police forces to consider the “cumulative impact” of protests, assessing previous activity, when deciding to impose limits on protesters.
The limits that could be imposed include moving demonstrators to a different place or “restricting the time that those protests can occur”, Ms Mahmood said.
She added: “It’s been clear to me in conversations in the last couple of days that there is a gap in the law and there is an inconsistency of practice.
“So I’ll be taking measures immediately to put that right and I will be reviewing our wider protest legislation as well, to make sure the arrangements we have can meet the scale of the challenge that we face.”
Image: A demonstration supporting Palestine Action on Saturday in central London. Pic: Reuters
Image: Police officers detain a protester during the mass protest. Pic: Reuters
The changes will be made through amendments to the Public Order Act, and anyone who breaches the new conditions will risk arrest and prosecution.
‘More flexibility to prevent disruptive protests’
The home secretary has written to chief constables in England and Wales to explain the new powers.
She wrote: “The government will bring forward legislation to increase the powers available to you to tackle the repeated disruptive protests we have seen and continue to provide the reassurance to communities that they need.
“Through upcoming legislation, we will amend sections 12 and 14 of the Public Order Act 1986 to allow senior officers to consider the cumulative impact of protests on local communities when they are imposing conditions on public processions and assemblies.
“This will allow you more flexibility to prevent disruptive protests from attending the same location and instruct organisers to move to a different site.”
The Greens and the Lib Dems said it was an attack on the right to protest.
Green Party leader Zack Polanski told Sky News: “Giving police sweeping powers to shut down protests because of their ‘cumulative impact’ is a cynical assault on the right to dissent. The whole point of protest is persistence; that’s how change happens. Do you think the suffragettes protested once and then gave up?”
Lib Dem home affairs spokesman Max Wilkinson said this will “do nothing” to tackle antisemitism “while undermining the fundamental right to peaceful protest”.
Earlier, Ms Mahmood said the right to protest was a “fundamental freedom” but this must be balanced “with the freedom of their neighbours to live their lives without fear”.
In a statement she said: “Large, repeated protests can leave sections of our country, particularly religious communities, feeling unsafe, intimidated and scared to leave their homes.
“This has been particularly evident in relation to the considerable fear within the Jewish community, which has been expressed to me on many occasions in these recent difficult days.
“These changes mark an important step in ensuring we protect the right to protest while ensuring all feel safe in this country.”
Tories ‘will support’ measures
Conservative leader Kemi Badenoch said her party will “of course support” the new measures but asked why it took “so long” for them to be introduced.
Speaking to the BBC’s Sunday with Laura Kuenssberg, she claimed that what happened in Manchester was foreseeable and not enough has been done to address fears over safety in the Jewish community.
Ms Mahmood addressed the Jewish communities’ concerns after being shown a clip of deputy prime minister David Lammy being heckled at a vigil on Friday.
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Home secretary reacts to moment Lammy was heckled
She told Sky News’ Trevor Phillips the government “of course” hears their strength of feeling and is “committed to dealing with antisemitism in all of its forms”, pointing to the “strengthening” of police powers announced today.
Asked if the reaction to Mr Lammy reflected anger at the government’s decision to recognise a Palestine state, she said it was important not to “elide” Thursday’s attack with the situation in the Middle East.
“People are entitled to their views and of course we were there to hear those views. What I would say is that the attack that took place, the person that’s responsible for that attack is the attacker himself,” she said.
“And, of course, four other people are in custody and the police investigation does need to take its course. It’s important that we don’t elide that into the wider questions of what’s going on in the Middle East.”
A man who helped barricade the Manchester synagogue has described how the terror attack unfolded.
Alan Levy said he was in the car park in the grounds of Heaton Park Hebrew Congregation Synagogue in Crumpsall when the incident started and he saw the attacker, who he called a “jihadist monster”.
“I was there when he crashed his car into the synagogue gates and ran down the security guard that was there and attacked a volunteer security guard and tried to gain access into the synagogue,” Mr Levy said in an interview with Sky News’ people and politics correspondent Nick Martin.
It was then that Mr Levy ran into the synagogue and sought to lock it down.
He and other congregants helped barricade the doors to stop the attacker from getting inside, as “he was shoulder-charging the doors trying to get in”.
“He was throwing plant pots at the glass. He was using a knife to try and get in. These brave men basically saved the community from further harm,” Mr Levy said.
“All I was thinking was ‘we’ve got to keep these doors closed’.
“He was trying each door in turn. When we realised which door he was going to, we moved doors so there was more pressure on the doors to keep them closed.”
Image: Alan Levy, helped barricade the synagogue
Two people were killed in the attack on Thursday, including one who died from a police bulletfired as officers shot dead the perpetrator, Jihad al Shamie.
The victims were named as Adrian Daulby, 53, a member of the congregation, and Melvin Cravitz, 66, a worshipper at the synagogue.
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1:43
Who was the Manchester synagogue attacker?
Mr Levy’s son, Marc, described the moment he first received news of the attack and said “it’s impossible to articulate the worry and concern” as he didn’t know whether his family was safe or not.
“I first knew that there was an incident when my phone started lighting up repeatedly and I realised that there was an attack on my synagogue,” he said.
“It’s a place where all my childhood memories of worshipping… pretty much going there throughout my whole life.
“I knew at that time that my father would have been on security at that time, as he is every morning, given that him and his friends are some of the first people who arrive.”
He said it was only when he saw his father on Sky News’ live feed that he realised he wasn’t one of the victims.
Six people were arrested over the attack but two have been released without charge.
Police revealed the attacker had been on bail over a suspected rape, but wasn’t on the radar of counter-terror police.
The Independent Office for Police Conduct (IOPC) is investigating the shooting – this is standard practice when a member of the public is killed – and will examine “whether police may have caused or contributed to the death” of Mr Daulby.
Al Shamie, 35, was named as the attacker on Thursday and is believed to be of Syrian descent.
He is understood to have been granted British citizenship when he was around 16, having entered the UK as a young child.
Police shot him dead seven minutes after the first emergency call as they feared he was wearing an explosive device – later identified as a fake.