Government split over Dominic Raab’s British Bill of Rights

Ministers and officials are at odds over elements of Dominic Raab’s proposed Bill of Rights, with some claiming that the legislation could amount to a mere “sticking plaster” over problems exposed by Britain’s attempted deportations to Rwanda.

Whitehall sources said there were “tensions across government” over parts of the Bill that deal with deportations. 

A government source admitted that there “have been challenges”, but said that the tensions had arisen between ministers and civil servants, rather than between ministers.

Last week, the Deputy Prime Minister indicated that the legislation will give ministers powers to ignore last-minute injunctions by European judges, such as the one that halted the Rwanda flight on Tuesday night.

It is understood that the Bill contains a “categorical and uncaveated” clause stating that UK courts will not have to take so-called rule 39 interim orders, the mechanism used by the European Court of Human Rights to prevent the deportation flight.

A source insisted that the provision in the Bill would resolve the problem because the rule “is a procedure. It has no basis in the European Convention on Human Rights”.

However, some government figures are concerned that the change could only amount to a temporary “sticking plaster” that will ultimately lead to further court challenges if campaigners and those facing deportations argue that inserting the provision in domestic legislation is insufficient to protect the UK from the orders. 

The uncertainty has been increased by the absence of any written judgment by the European court.

A Whitehall source said: “We need to know it’s going to be crystal clear in our favour and not just a sticking plaster.

“It could become yet another situation in which everyone just keeps on arguing cases and then nothing moves for years and years. We might not be able to remove anybody for years.”

Last week’s order by the European court prompted renewed calls by Tory MPs for the UK to withdraw from the European Convention on Human Rights, to avoid having to abide by rulings from Strasbourg.

‘Parliament will have the last word’

Unveiling a consultation on the Bill of Rights last December, Mr Raab said that the proposed Bill would allow the Government to deport more foreign criminals, prevent “spurious or unmeritorious claims”, reinforce the “quintessentially British right” of freedom of speech and ensure Parliament has the “last word on the laws of this land”.

Last week, he told Times Radio: “In relation to the latest intervention from Strasbourg – so-called rule 39 interim orders, which are not grounded in the European Convention – they’re based on the rules and procedure, internal rules of the court.

“I certainly believe they should not have a legally binding effect under UK law.”

Asked if the UK could simply ignore the European court’s ruling, Mr Raab said: “Not under the Human Rights Act, but we will address this squarely with the Bill of Rights.”

A government source said: “The Justice Secretary, Home Secretary and Attorney General have had to work intensively together to overcome challenges thrown up by the system. But the resulting Bill will strengthen traditionally UK rights like freedom of speech while curbing abuses of the system and injecting some common sense.”