LONDON — Rishi Sunak’s flagship bill aimed at curbing cross-Channel migration risks breaching international human rights law, the U.K.’s official rights watchdog warned Monday.
In a sharply critical statement ahead of fresh parliamentary scrutiny of the Illegal Migration Bill, the Equalities and Human Rights Commission (EHRC) said it was “seriously concerned” the plan risks placing the U.K. in breach of its obligations.
Sunak unveiled the plan in March as part of efforts to cut the number of people using small boats to make the dangerous crossing from French to British shores. The proposed law effectively bans those arriving in the U.K. on small boats from claiming asylum altogether, and sharply curtails routes to challenge U.K. asylum decisions.
Ahead of the bill’s report stage in the House of Commons Tuesday, the EHRC spelled out several “key areas of concern,” including reduced protections for victims of trafficking and modern slavery and the potential impact of the plan on groups with certain protected characteristics.
“Provisions providing for the detention of children and pregnant women, and removing protections for victims of trafficking and modern slavery are particularly worrying,” the EHRC said.
And it warned: “The EHRC remains seriously concerned that the Bill risks placing the U.K. in breach of its international legal obligations to protect human rights, and exposing people to serious harm.”
Sunak is under pressure on the bill from both wings of his Conservative Party.
The Telegraph newspaper reported Monday that Tory rebels led by the MP Tim Loughton will meet ahead of the report stage to discuss pushing for extra concessions — after the government agreed not to detain unaccompanied child migrants unless in “exceptional circumstances.”
Former Conservative leaders Theresa May and Iain Duncan Smith are also pushing for an exemption for migrants who are victims of modern slavery.
In response to pressure from right-wing Tory MPs, the prime minister has also opted to harden the bill to allow ministers to ignore rulings from the European Court of Human Rights on deportations in some instances. The Strasbourg court had last year used a so-called rule 39 injunction to block the U.K. government’s first attempt to deport asylum seekers to Rwanda.
In an opinion piece for the Sunday Telegraph, Sunak’s Home Secretary Suella Braverman said the measure providing ministers with “discretion” on complying with European Court of Human Rights’ injunctions was a “crucial power” for the government.
