New immigration legislation due to be announced today to tackle small boat crossings will be closely scrutinised to ensure Britain is upholding its international obligations, the Law Society has said.

Writing in The Sun newspaper, prime minister Rishi Sunak said he would be bringing forward new laws today to stop those arriving on small boats who are not directly fleeing a war-torn country or facing an imminent threat to life. 

‘They have travelled through safe, European countries before crossing the channel,' said Sunak in The Sun. 'The fact that they can do so is unfair on those who come here legally and enough is enough.’

Sunak said the new law being announced today will mean anyone arriving on small boats will be unable to claim asylum. ‘This new law will send a clear signal that if you come to this country illegally, you will be swiftly removed.’

Law Society president Lubna Shuja said Chancery Lane will look at the bill in detail when it is published. 

‘As with all legislation our lens will be the rule of law and access to justice. We are concerned neither of these principles have featured in the government’s framing of the bill prior to publishing it. So, we will be looking carefully at whether Britain will uphold its international obligations and whether the Home Office can deliver a fair and workable process.’

Suella Braverman

Braverman: New bill will radically narrow number of challenges and appeals that can suspend removals

Source: Tayfun Salci/ZUMA Press Wire/Shutterstock

Details of the government's 'Illegal Migration Bill' were unveiled this afternoon.

The Home Office said anyone entering the UK illegally, who has passed through a safe country, will be legally required to be removed and the home secretary will have the power to enforce it.

Braverman told the House of Commons that the bill will enable detention of illegal arrivals, without bail or judicial review within the first 28 days of detention, until they can be removed. 

'It puts a duty on the home secretary to remove illegal entrants and will radically narrow the number of challenges and appeals that can suspend removal,' she said. 

'The Rule 39 process that enabled the Strasbourg court to block at the last minute, flights to Rwanda, after our courts had refused injunctions, was deeply flawed. Our ability to control our borders cannot be held back by  an opaque process, conducted late at night, with no chance to make our case or even appeal decisions.

'That’s why we’ve initiated discussions in Strasbourg, to ensure their blocking orders meet a basic natural justice standard - one that prevents abuse of Rule 39s to thwart removal.

'Our approach is robust and novel, which is why we can’t make a definitive statement of compatibility under the section 91B of the Human Rights Act. Of course the UK will always seek to uphold international law and I am confident that this bill is compatible with international law.'

'And it’s why the bill will set out the conditions for the UK’s future compliance for such orders. Other countries share our dilemma and will understand the justice of our position.'

 

This article is now closed for comment.