By David Barrett Home Affairs Editor
22:01 23 Apr 2023, updated 22:01 23 Apr 2023
- ‘Irregular’ migrants entitled to legal aid if they claim life at risk in home nation
- Ministers also agreed to look at introducing more ‘safe and legal routes’ into UK
Channel migrants will have the right to claim legal aid to fund human rights challenges against deportation under measures introduced by Suella Braverman.
The Home Secretary has set out changes to the immigration Bill making clear that ‘irregular’ migrants will be entitled to legal aid if they claim their life will be at risk in their home nation, or they will face ‘torture, inhuman or degrading treatment or punishment’.
The change has been tabled in addition to a series of other moves demanded by up to 60 rebel Conservative backbenchers urging tougher action to deter Channel migrants.
But the legal aid provisions appear to be aimed at pacifying Tories from the liberal wing of the party who had raised concerns. Ministers have also agreed to look at introducing more ‘safe and legal routes’ into the UK.
However, last night one campaigner said the legal aid measures made ‘little sense’.
Alp Mehmet, of Migration Watch UK which lobbies for tougher border controls, said: ‘It makes little sense if the Home Secretary wants to reduce the spiralling cost of the asylum system and stem the flow of illegal boat crossings… She should think again.’
Saturday saw the highest number of arrivals by small boat across the Channel this year. Home Office figures, released yesterday, showed 497 migrants reached Dover on Saturday, just over the high of 492 seen on April 5.
It means 5,546 small boat migrants have crossed from northern France since the beginning of January.
Mrs Braverman said on Friday that ‘myself and the Prime Minister are absolutely committed to stopping the boats once and for all’.
She added: ‘The changes I am announcing today will help secure our borders and make it easier for us to remove people by preventing them from making last minute, bogus claims, while ensuring we strengthen our safe and legal routes.’
But one senior Tory said yesterday he would be unable to vote for the Bill as it is. Sir Bob Neill, chairman of the justice select committee, told Times Radio: ‘I don’t think it’s right for us to be saying that we will ignore rules of the European Court of Human Rights, even the interim measures.’
Sir Bob added that ministers should seek ‘sensible reform’ by negotiating with Strasbourg judges ‘rather than get into a confrontation’.
It makes little sense
The Bill is before the Commons this week before being sent to the Lords, where tough criticism is expected.
The Mail reported last week how peers’ opposition will probably focus on plans to give the Home Secretary powers to ignore interim injunctions issued by the European Court of Human Rights and British courts.
Deputy Prime Minister Oliver Dowden said the Bill would grant limited scope to disregard the courts.
‘I think it is right that the Home Secretary should have a discretion, so, for example, we don’t have this situation where at the very last minute an order is imposed,’ he told Sky News’ Sophy Ridge On Sunday.
A Strasbourg judge issued a late-night Rule 39 decision – dubbed a ‘pyjama injunction’ by Tory rebels – last June, blocking the Home Office’s inaugural returns flight to Rwanda.
