Kemi Badenoch wants to make it easier to kick foreign offenders out (Image: Getty)
Labour will be challenged this week to take some of the toughest measures yet to stop people coming to the UK illegally. Sir Keir Starmer’s party will be urged to legislate so the Human Rights Act will not apply when it comes to immigration.
The move is intended to make it easier to kick foreign criminals out of the UK. Labour has been warned if it fails to back the measure “it will be clear they are not serious about protecting our borders”.
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Conservative leader Kemi Badenoch said: “Our ability to manage immigration is hindered by extremely distorted interpretations of international laws. That’s why Conservatives are putting amendments in Labour’s Borders bill that will disapply the Human Rights Act from immigration matters.
“It’s critical to shift immigration powers from the courts to parliament and elected ministers, enabling more effective control over our borders.”
The changes are designed to ensure that human rights challenges do not stop the deportation of illegal migrants.
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This amendment to the Border Security, Asylum and Immigration Bill would disapply the entire Human Rights Act and ensure the European Court of Human Rights cannot prevent deportations with interim orders.
Anyone trying to appeal against deportation or any other immigration decisions would not be able to make human rights claims under Act in a British court.
The proposals are the latest sign of a toughening of the Tory stance on immigration. The amendment would also apply to the granting or removal of asylum status or any other entitlements linked to immigration.
Mrs Badenoch said: “The Conservative Party is under new leadership and our new approach is committed to reducing immigration and enhancing border security. Operating in Britain’s national interest means recognising the government’s primary purpose: defending our borders, values, and people.
“Our amendment aims to restore control and prioritise national security.”
The intervention follows Mrs Badenoch’s warning that Britain must not champion “ever more expansive approaches to international law at the expense of British interests”. She has also insisted groups should not be able to “advance an activist political agenda through international bodies or our courts”.
Shadow Home Secretary Chris Philp said: “Stopping illegal migration and controlling our borders means putting the UK’s sovereignty first. “We must take radical action to ensure our Parliament, and our government, can decide who is able to enter the UK or stay here – we can’t have ever more expansive interpretations of the ECHR that defy common sense.
“Foreign criminals pose a danger to British citizens and must be removed, but so often this is frustrated by spurious legal claims. The human rights of our own citizens to be protected from these criminals are routinely ignored.
“Under new leadership, the Conservatives will end this. We will see if Labour votes for this amendment - if they do not, it will be clear they are not serious about protecting our borders.”
If the changes are made, Conservatives say, UK judges could not longer make “common sense-defying interpretations” of what the European Convention on Human Rights means. People could also be deported pending an appeal to the Strasbourg court.
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The Tories plan to address ECHR membership in a “longer-term piece of work”.
A Home Office source said: “The Tories left the asylum system in utter chaos. They had 14 years to make changes and instead spent hundreds of millions of pounds on the failed Rwanda scheme, as small boat crossings hit a record high.
“This amendment is totally unworkable. Instead of dealing with mad proposals that will never work, the Labour Government is getting a grip of the asylum system, increasing removals of those with no right to be here, saving millions on asylum hotels and looking at ways of tightening the application of Article 8 – [the right to private and family life] – to ensure the system works more effectively.”