On Wednesday, the UK government published communications asserting a revised protocol for civil servants in response to the newly introduced Safety of Rwanda Bill. These letters circulated between the Cabinet Office and the Home Office, garnered attention as they were brought into the spotlight shortly before the House of Commons passed the bill.
The bill aims to circumvent legal scrutiny and propel the government’s agenda of transhipping some asylum seekers to Rwanda to continue their claims there. This move has been seen as a counter-response by Prime Minister Rishi Sunak’s government to a UK Supreme Court ruling back in November. The ruling deemed the government’s prior plans of deporting illegal immigrants to Rwanda unlawful, citing safety concerns. This new bill’s intention to establish Rwanda as a safe country has triggered backlash and criticism from human rights groups, who argue it sidesteps requirements of the Human Rights Act 1998 and other international law requisites.
Darren Tierney, Director General of the Propriety and Constitution Group in the Cabinet Office, addressed a letter to the Permanent Secretary at the Home Office, Sir Matthew Rycroft, prior to the third reading of the bill in the House of Commons. This letter shed light on the impact of the Safety of Rwanda Bill on the UK’s civil service – particularly the 5th clause of the bill. This clause pertains to the interim measures as put forward by the European Court of Human Rights (ECHR).
Under the Safety of Rwanda Bill’s clause 5, courts are ordered to disregard such interim measures that relate to the intended removal of a person to Rwanda, unless a Minister of the Crown decides otherwise. Civil Servants are subsequently obligated to adhere to clause 5 and implement a minister’s decision over the ECHR’s interim order. The implications of this clause grant ministers the authority to bypass such interim measures imposed by ECHR, and civil servants would be required to comply.
The Cabinet Office has stated that this guidance is subject to change if clause 5 were to be reformed before the bill officially becomes law. After undergoing its third reading and being approved by the House of Commons, the Safety of Rwanda Bill is currently under discussion in the House of Lords. You can read more about this topic at JURIST – News.