Kemi Badenoch is to launch a review into whether the UK should leave the European Convention on Human Rights (ECHR) – and set out plans to revive a Rwanda-style deportation scheme.
In a speech on Friday, the Conservative leader will announce a commission into how lawyers could be prevented from using international legislation to block government decisions on immigration.
She will also announce plans to prevent people who arrive by small boat from claiming asylum and deport them to a third country.
It is unclear if this would be Rwanda or another location.
One of Labour’s first acts in government was to scrap the Tories’ Rwanda scheme, which would have deported illegal immigrations to the African nation for them to claim asylum there.
The plan was held up by a series of legal challenges and ultimately failed to get off the ground before the election, despite around £700m being spent on it, according to the Home Office.
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The saga sparked a debate within the Tory party about whether the UK would need to leave the ECHR, which was established after the Second World War and sets out the rights and freedoms of people in the 46 countries signed up to it.
During the Conservative leadership race, Ms Badenochsaid leaving the ECHR wasn’t a “silver bullet” and “not even the most radical thing that we probably will have to do” to control immigration.
It put her at odds with her rival Robert Jenrick, now the shadow justice secretary, who claimed the Tories would “die” if they did not back exiting the ECHR.
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‘Britain has lost control of its borders’
Ms Badenoch’s commission will be chaired by Tory peer and former justice minister Lord Wolfson of Tredegar, the shadow attorney general.
A Conservative Party aide close to the detail said: “Kemi has worked hard to bring the shadow cabinet together on this very difficult issue.
“She has always said she will take her time to build a proper, workable plan to tackle the issue of the courts subverting parliamentary democracy. This commission, led by the brilliant lawyer Lord Wolfson, will make sure we’re ready to take the tough decisions.”
Reform UK leader Nigel Farage, who has enjoyed a meteoric rise in the polls since the general election, has also said he would leave the ECHR.
Image: Rishi Sunak’s Rwanda plan failed to get off the ground
Labour’s policy is to remain in it, but to bring forward legislation to “ensure it is the government and parliament that decides who should have the right to remain in the UK”.
According to the immigration white paper unveiled last month, this would address cases where Article 8 right to family life legal arguments have been used to frustrate deportation, often in the case of foreign criminals.
Home Secretary Yvette Cooper told the Home Affairs Select Committee on Tuesday that family migration has become “so complex” that courts are applying “exceptional” human rights guarantees to about a third of cases.
She said: “The proportion of decisions being taken as exceptional – often under interpretations around Article 8 – end up being about 30 percent of the cases. That is not exceptional, that is a much broader proportion.”
However, she rejected calls to disapply the ECHR, saying compliance with international law has helped the government strike deals with France and Germany to help crack down on criminal gangs.
She said the government will draw up a “clear framework” that will be “much easier for the courts to interpret and will reflect what the public want to see”.
Lucy Powell has accused Bridget Phillipson’s team of “throwing mud” and briefing against her in the Labour deputy leadership race in a special episode of Sky’s Electoral Dysfunction podcast.
With just days to go until the race is decided, Sky News’ political editor Beth Rigby spoke to the two leadership rivals about allegations of leaks, questions of party unity and their political vision.
Ms Powell told Electoral Dysfunction that through the course of the contest, she had “never leaked or briefed”.
But she said of negative stories about her in the media: “I think some of these things have also come from my opponent’s team as well. And I think they need calling out.
“We are two strong women standing in this contest. We’ve both got different things to bring to the job. I’m not going to get into the business of smearing and briefing against Bridget.
“Having us airing our dirty washing, throwing mud – both in this campaign or indeed after this if I get elected as deputy leader – that is not the game that I’m in.”
Ms Powell was responding to a “Labour source” who told the New Statesman last week:“Lucy was sacked from cabinet because she couldn’t be trusted not to brief or leak.”
Ms Powell said she had spoken directly to Ms Phillipson about allegations of briefings “a little bit”.
Image: Bridget Phillipson (l) and Lucy Powell (r) spoke to Sky News’ Beth Rigby in a special Electoral Dysfunction double-header. Pics: Reuters
Phillipson denies leaks
But asked separately if her team had briefed against Ms Powell, Ms Phillipson told Rigby: “Not to my knowledge.”
And Ms Phillipson said she had not spoken “directly” to her opponent about the claims of negative briefings, despite Ms Powell saying the pair had talked about it.
“I don’t know if there’s been any discussion between the teams,” she added.
On the race itself, the education secretary said it would be “destabilising” if Ms Powell is elected, as she is no longer in the cabinet.
“I think there is a risk that comes of airing too much disagreement in public at a time when we need to focus on taking the fight to our opponents.
“I know Lucy would reject that, but I think that is for me a key choice that members are facing.”
She added: “It’s about the principle of having that rule outside of government that risks being the problem. I think I’ll be able to get more done in government.”
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But Ms Powell, who was recently sacked by Sir Keir Starmer as leader of the Commons, said she could “provide a stronger, more independent voice”.
“The party is withering on the vine at the same time, and people have got big jobs in government to do.
“Politics is moving really, really fast. Government is very, very slow. And I think having a full-time political deputy leader right now is the political injection we need.”
The result of the contest will be announced on Saturday 25 October.
The deputy leader has the potential to be a powerful and influential figure as the link between members and the parliamentary Labour Party, and will have a key role in election campaigns. They can’t be sacked by Sir Keir as they have their own mandate.
The contest was triggered by the resignation of Angela Rayner following a row over her tax affairs. She was also the deputy prime minister but this position was filled by David Lammy in a wider cabinet reshuffle.
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