The home secretary has told Sky News the government’s new plan to stop small boat migrants arriving in the UK is “not breaking the law”.
Suella Braverman said she is “very confident” the measures announced on Tuesday “are in compliance with our international law obligations”.
The government revealed its new plan to stop migrants entering the UK on small boats, which includes arrivals being detained within the first 28 days without bail or judicial review.
Under the plans, the majority of migrants coming on small boats would be unable to make claims to stop deportation until they have been returned to the country they came from or a “safe third country such as Rwanda”.
They will also be banned from claiming UK settlement, citizenship or re-entering the UK if they are removed.
The bill has come under severe criticism from opposition MPs and refugee charities, with Amnesty International saying the plans would “amount to an asylum ban”
Labour described the bill as a “con” that was no more likely to be successful than prior Tory efforts to tackle small boat migration across the Channel.
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Ms Braverman admitted on Tuesday the government does not know if the plans are entirely within the conventions of international law.
But Ms Braverman told Sky News’ Kay Burley at Breakfast on Wednesday: “We’re not breaking the law and no government representative has said we’re breaking the law.
“In fact, we’ve made it very clear that we believe we are in compliance with all of our international obligations, for example, the Refugee Convention, the European Convention on Human Rights, other conventions to which we are subject.
“But what’s important is that we do need to take compassionate but necessary and fair measures.
“Now, because there are people who are dying to try and get here. They are breaking our laws. They are abusing the generosity of the British people.”
Ms Braverman’s insistence comes despite a statement by her on the first page of the published bill, which says: “I am unable to make a statement that, in my view, the provisions of the Illegal Migration Bill are compatible with the Convention rights, but the government nevertheless wishes the House to proceed with the bill.”
And in a letter to Conservative MPs and peers urging them to back the bill, Ms Braverman insisted it “does not mean the provisions in the bill are incompatible” with the Human Rights Act.
“Only that there is a more 50% chance that they may not be,” the letter said.
“We are testing the limits but remain confident that this bill is compatible with international law.”
The home secretary told Sky News the new plan is the only way to “break the model of the people smuggling gangs” who charge thousands of pounds to transport people across the Channel in small and often overpacked boats.
She said people will be able to claim asylum in the UK but “they should choose to come here through safe and legal routes” so they are not breaking the law.
“We have a very generous regime of supporting people coming here lawfully for humanitarian protection,” Ms Braverman added.
“What we can’t go on accepting is people breaking our laws.”