Tory rebels warn Rishi Sunak his Rwanda plan is ‘legally and operationally flawed’ in Commons showdown
LEADING Tory rebels today warned Rishi Sunak to toughen his “legally and operationally unworkable” Rwanda plan - or they would take the nuclear option and vote it down.
More than 60 Conservative MPs have now joined a rightwing revolt demanding fundamental changes to the PM’s flagship deportation scheme.
They were emboldened this morning by a dramatic intervention from Boris Johnson, who said ministers should ramp up the Bill to make it more “robust”.
A series of amendments tabled by the rebels to harden the legislation are being debated today and tomorrow but will fail without government support.
While stopping short of backing any of their changes, Mr Sunak has appealed to the rightwingers by vowing to defy European judges and fast-tracking migrant legal challenges.
But it has failed to win round several rebels who have threatened to vote to sink the entire Bill tomorrow night if it continues unchanged.
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Ex-Cabinet Minister Sir Simon Clarke said he was not “f***ing around”, adding: “I will vote against if the legislation isn’t amended. Simple as that.”
He joins former Home Secretary Suella Braverman and former Immigration Minister Robert Jenrick vowing to oppose an unchanged Bill.
Tabling his amendments today, rebel ringleader Mr Jenrick - who is bidding to close off individual asylum seeker appeals - told MPs: “Time and again we will lose these cases in the courts. So the Bill in that respect is legally flawed.”
He added: “I want to stop the boats and secure our borders. This is a difficult issue, but we're not a parish council, struggling with some kind of intractable legal issue, we're a sovereign Parliament, the power is in our hands, we have agency.”
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Mr Johnson, who is no longer an MP, said: "Governments around the world are now trying to imitate the UK Rwanda policy for tackling illegal people trafficking.
"This bill must be as legally robust as possible - and the right course is to adopt the amendments.
It comes as leading Tory rebels splintered the party today by breaking cover to reveal they are ready to torpedo Mr Sunak's Bill.
They include ex-cabinet ministers Simon Clarke, Robert Jenrick and Suella Braverman.
Meanwhile, former Home Secretary Priti Patel wants the Rwanda Bill toughened up to prevent meddling civil servants blocking deportation flights.
Tory MP Miriam Cates told the BBC she'd shoot down the Bill because in its current form it "won't stop the boats".
The Penistone and Stocksbridge MP argued the legislation "doesn’t close loopholes that allow interference" from European courts.
EXPLAINED: Why is Rishi Sunak facing a Rwanda rebellion?
REBEL Tory MPs are launching a series of amendments to toughen up the Rwanda plan. Here's what it means
What is happening?
Right-wing Tory rebels are tabling a series of amendments to Rishi Sunak’s Rwanda Bill, which they believe is too weak to stop the boats as it stands.
What are the amendments?
The amendments seek to close supposed “loopholes” in the Bill which the rebels believe would let illegal migrants fight their deportation to Rwanda in the courts and grind the whole scheme to a halt once again.
They want to seal off these challenges to all-but exceptional cases, such as pregnant women.
Ministers insist the current legislation will already prevent more than 90 per cent of all legal challenges.
The rebels also want to automatically throw out any injunctions to stop planes taking off from European judges. These Rule 39 orders issued by the Strasbourg Court stopped a previous flight in 2022.
To achieve these ends, the amendments disapply the Human Rights Act and European Convention on Human Rights from immigration decisions.
Will they pass?
While almost 60 Tory MPs are backing the amendments, they will not pass without government support.
It is unlikely Mr Sunak will back any of them as it risks angering centrist Conservative “wets” who could then withdraw their backing.
What would the rebels do then?
If none of their amendments pass, the rebels then face a choice: either get behind the PM’s original Bill, or vote with opposition parties to oppose it.
Mr Sunak will lose the crunch vote expected Wednesday night if more than 32 Tory MPs vote against, or 55 abstain.
While some - including Suella Braverman - have said categorically they would not vote for the current Bill - most have kept their cards close to their chest so far.
Downing Street figures are confident that, if push came to shove, most Tory MPs would hold their noses and vote for the Bill rather than side with Labour to blow the whole plan up.
What if the PM’s Bill did fail?
If the rebels take the nuclear option of sinking the entire Rwanda Bill, it would leave Mr Sunak’s flagship immigration plan in tatters.
He might then make tweaks and hold another vote, but it would mark a huge setback for the PM’s efforts.
Last night the PM insisted he was prepared “in some circumstances” to overrule Strasbourg Court orders to deportation flights.
But almost 60 Conservative MPs want to pass amendments that would make Mr Sunak's claim legally binding.
Votes on potential changes to the Bill will take place in the Commons late tonight - but the rebels face an uphill challenge to get their changes through as Labour say they will vote against them along with the Government.
That tees up a final major vote on the legislation in its unchanged entirety which will likely happen on Wednesday evening.
To lose that vote would be a hammer blow to Mr Sunak - with Tory MPs under massive pressure not to defeat the PM in an election year.
Also mong the right wing rebels causing the PM a headache are firebrand Tory Deputy Chairmen Lee Anderson and Brendan Clarke-Smith.
This morning Work and Pensions Secretary Mel Stride refused to say whether the pair would lose their coveted roles in the party.
He said the matter is one for the PM.
Mr Stride also sought to downplay the scale of a Tory rebellion.
He told LBC: "Let's see. Bills go through various processes. There are often amendments.
"We all know that there are very few Bills - very, very few Bills - that go through straight and clean and nobody tries to amend them in any way at all.
"What matters is that the Bill progresses in a form that leaves it effective at the end and I'm confident we're going to do that."
Mr Stride added: "Well, you often call me Mystic Mel, I can foresee the future etc.
"I don't have a crystal ball, unfortunately. But I am confident that the approach that we are taking is going to get through Parliament, and is going to deliver what will be a major step forward in terms of bringing forward that deterrent to stop people coming across the Channel."
Moving to head off the rebellion, Mr Sunak last night claimed the Bill already satisfied one of the rebel pleas for ministers to ignore the European Court of Human Rights.
The PM told : “I won't let a foreign court stop us from getting flights off and this deterrent working.
"There's a clause in the Bill that says, very specifically, that it is for ministers to decide whether to comply with Rule 39 rulings as they're called, I would not have put that clause in the Bill if I was not prepared to use it.
"Now look I don't think Strasbourg will intervene because of the checks and balances in our system. And of course, there will be individual circumstances that people want us to consider on the facts.
“But if you're asking me you know, are there circumstances in which I'm prepared to ignore those Rule 39s? Then yes, of course there are.”
Known as “pyjama injunctions”, a Rule 39 order made by anonymous ECHR judges - often in the dead of night - scuppered the first planned deportation flight to Rwanda in 2022.
While the Rwanda Bill gives ministers the discretion to overrule them, rightwing Tories worry Mr Sunak would hold off for fear of breaking international law.
This morning ex-Home Secretary Ms Patel warned deportations could also be obstructed by civil servants forcing ministers to accept the Rule 39s made by Euro-judges.
She said: "The Rwanda Bill gives ministers the power to decide whether to comply with Rule 39 and the Government must force the civil service to let them use it to ensure our robust plans to tackle illegal migration can be operationalised.
"This would give MPs on all sides of the House confidence that when the Prime Minister says he will not let a foreign court block flights, nothing can stand in his way."
Downing Street said it is looking at making it clear that civil service code does not trump the Rwanda Bill on Rule 39s.
Rebel ringleader Robert Jenrick is mounting an amendment that would automatically throw out any Rule 39 orders as a default.
Downing Street aides were last night locked in talks with backbenchers ahead of two days of votes on Tuesday and Wednesday.
In a further concession to the rebels, No10 has told MPs that the Illegal Immigration minister Michael Tomlinson will be appointed to handle any rulings from Strasbourg to ground the Rwanda planes.
They hope giving the former boss of the European Research Group the responsibility will quell concerns from MPs the so-called Rule 39 injunctions will simply be obeyed.
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It is expected that the offer will be made formally to MPs from the Commons despatch box when the debate the Rwanda bill in the Commons this week.
A Downing Street source said: “Tomlinson should and will be responsible. He is hardline, he’ll be robust and not be afraid to ignore Rule 39s where necessary.”
