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UK Prepared To Consider Leaving ECHR If It Blocks Illegal Immigration Bill: Raab

Authored by Alexander Zhang via The Epoch Times,

Britain is prepared to consider leaving the European Convention on
Human Rights (ECHR) if it prevents the government from implementing
its plans to crack down on illegal immigration, Justice Secretary
Dominic Raab has warned.

The Illegal Migration Bill, unveiled on March 7, aims to ban anyone
who arrives in the UK illegally from claiming asylum. If it becomes
law, illegal entrants will be swiftly removed from the UK to their
home country or a safe third country like Rwanda, and will be banned
from reentry.

The bill would enable powers to be granted to detain immigrants for 28
days without recourse for bail or judicial review, and then
indefinitely for as long as there is a “reasonable prospect” of
removal.

Illegal immigrants react onboard UK Border Force vessel HMC Speedwell
after being picked up at sea, as they are brought into the Marina in
Dover, southeast England, on Dec. 21, 2021. (Ben Stansall/AFP via
Getty Images)

Opposition parties and pro-immigration campaigners have claimed that
the bill is incompatible with the UK’s obligations under the ECHR.

The Strasbourg-based ECHR has acted against the UK’s immigration
policy before. In 2022, the court granted an injunction that
effectively grounded a UK deportation flight sending illegal
immigrants to Rwanda.

But the government said it believes the bill is consistent with the
convention and said it is ready to fend off any legal challenges.

Talking to the House of Lords Justice Committee on Wednesday, Raab
said: “We are committed to staying within the ECHR but we’ve said if
asked that we could not rule out forever and a day that we would have
to revisit that position.

“But that would depend on the responsiveness of the Strasbourg court
to the vital issues that we are trying to pursue in this country
including stopping the small boats.”

Raab said he had already met with senior ECHR judges to discuss the UK
government’s concerns over the court’s injunctions against deportation
flights.

UK Home Secretary Suella Braverman arrives in Downing Street, central
London, on March 7, 2023. (Leon Neal/Getty Images)
Compatibility in Question

Home Secretary Suella Braverman has previously admitted that the new
bill may come into conflict with the UK’s obligations under the ECHR.

In a letter to Conservative MPs and peers last week, she wrote, “This
does not mean that the provisions in the Bill are incompatible with
the convention rights, only that there is a more [than] 50 percent
chance that they may not be.”

“Both Houses will have an opportunity to thoroughly scrutinise the
bill and, once approved, the measures in the bill will have been
expressly endorsed by Parliament and we would expect the courts to
take that into account,” she added.

On the front page of the Illegal Migration Bill, Braverman
acknowledged that she cannot assure Parliament that the legislation is
compatible with the convention but adds that “the government
nevertheless wishes the House to proceed with the bill.”

Announcing the bill in the House of Commons on March 7, the home
secretary alluded to the bill’s “legal complexities.”

“Some of the nation’s finest legal minds have been, and continue to be
involved in, its development,” she said.

Braverman said last year’s ruling by the Strasbourg court which
grounded a flight to Rwanda was “deeply regrettable.”

She told MPs: “We are addressing that particular issue in this bill to
avoid that scenario playing out again. But in our view this bill
complies with our international obligations and we must take these
measures now promptly.”
‘Up For the Fight’

Prime Minister Rishi Sunak has said he is “up for the fight” against
any legal challenges to his plan to crack down on illegal immigration
via small boats in the English Channel.

According to government figures, a record 45,755 illegal immigrants
arrived in the UK after crossing the Channel in 2022. More than 3,000
have already made the journey this year.

Prime Minister Rishi Sunak speaks during a press conference following
the launch of new legislation on illegal Channel crossings, at Downing
Street, central London, on March 7, 2023. (Leon Neal/Getty Images)

Sunak named “stop the boats” as one of the five priorities of his premiership.

At a Downing Street press conference on March 7, the prime minister
said the government is prepared to challenge any legal action.

“Of course we’re up for the fight, I wouldn’t be standing here if we
weren’t,” he said, adding, “But we’re confident that we’ll win.”

Sunak said there is “absolutely nothing improper” about his new
legislation and said he is “confident” the government would win any
court action.

“We believe we are acting in compliance with international law, in
compliance with the ECHR, and if challenged—as you may well be right,
we’ve seen in these matters we do get challenged—we will fight that
hard because we believe we’re doing the right thing and it is
compliant with our obligations,” he added.

Sunak said “we don’t believe it is necessary to leave the ECHR” but
did not rule out the move when asked at his press conference.