Ministers have received a strong recommendation to develop contingency legislation that would allow deportations to proceed by disregarding specific portions of the Human Rights Act in the event of a loss in court. Richard Ekins, a professor of law and constitutional government at Oxford University and head of Policy Exchange’s judicial power project, suggests that the government should prepare legislation that could be implemented as an insurance policy should they lose in the Supreme Court. Former Cabinet minister David Jones further supports this idea, stating that the government should approach the Council of Europe to negotiate the European Convention on Human Rights (ECHR) due to its inappropriateness in the current century. If negotiation with the Council is unsuccessful, Jones believes that the government should take domestic legislative steps to disapply parts of the Convention that hinder border control measures. In agreement, former minister Sir John Hayes, chair of the Tories’ Common Sense group, insists that leaving the ECHR should be considered in order to fulfill the Prime Minister’s promise to end illegal immigration. However, MPs believe that passing legislation to withdraw from the ECHR would be difficult before an election and would likely require a public mandate through a national poll. A Number 10 source asserts that the government’s “Stop the Boats Act” will create the necessary changes to deter illegal crossings while still remaining a party to the ECHR. The source also highlights the legality of the partnership with Rwanda in processing asylum seekers’ claims and expresses confidence in the policy.
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