Civil servants are threatening ministers with legal action over concerns that implementing the government’s Rwanda deportation bill could put senior Home Office staff in breach of international law.
The FDA trade union, which represents senior civil servants, said that complying with the minister’s request to ignore the emergency injunction barring Strasbourg’s deportation could also violate the Civil Service Act and could lead to prosecution. I warned you.
Before taking action, the government will send a legal letter to Home Secretary James Cleverley seeking clarification and calling for either amendments to the law or changes to the code.
Rwanda’s Security (Asylum and Immigration) Bill states that ministers will decide whether to abide by the European Court of Human Rights’ decision to suspend deportations.
“The concern of the FDA and many of its members is that if ministers instruct public servants not to comply with interim measures instructions, they may be putting the UK in breach of international law,” the letter said. ing.
The bill is due to return to the Commons next week, with the government expected to seek to start the first flights within days, and the FDA saying it would require “legal proceedings” to clarify the issue. “There is a possibility that it will happen,” he warned.
People denied asylum could be offered thousands of pounds to move to Rwanda under a new voluntary scheme, according to reports.
The paper said the proposal, which is separate from the main plan and is understood to have been agreed with the Kigali government, would exclude people who do not have a legal right to be in the UK but cannot return to their home country. The purpose is
The scheme is aimed at individuals who have no outstanding asylum claims and are in a position to move quickly.
Last June, the only attempted deportation flight to Rwanda was halted after intervention by a judge in Strasbourg.
In a letter, FDA general secretary Dave Penman said the government acknowledges there is a problem and will issue draft guidance to make clear that it is the responsibility of civil servants to implement ministerial decisions. He said that.
Sir Matthew Rycroft, the Home Office’s top civil servant, said in a letter dated January 17: Ministry of Interior officials shall proceed with the removal if the relevant Minister approves the policy. ”
But Penman said that while the FDA welcomes the government’s recognition of the need to clarify the responsibilities of public officials, it does not believe the guidance is appropriate.
Citing advice from the Attorney General published last month, he said there was “no doubt” that interim measures from the court to halt deportations would be binding on the UK under international law. , he said, “There is no respectable argument” to the contrary.
The letter continues: “The difficulty arises because public servants have a personal legal obligation under domestic law not to act contrary to international law. cannot be overwritten.”
The Civil Service Act clearly states that civil servants “must abide by the law,” and the government has acknowledged that this includes international law, and the minister’s instructions to ignore the Strasbourg judgment are This means that it is a violation of the rules.
“Ministers do not employ civil servants and cannot unilaterally change or alter their terms of service,” the letter adds. “This guidance is legally incorrect and is expected to create significant uncertainty for public servants and place them in an extremely difficult position.”
The FDA said that given that Rwanda’s new legislation will come into force in the coming weeks, its letter “could potentially lead to a claim for judicial review” in case the minister instructs the agency to ignore the Strasbourg injunction. It warned that it could serve as a “pre-sexual notice.”
A government spokesperson said: “Issues of international law are naturally ministerial matters. If a minister, in the light of full policy, administrative and legal advice, decides not to follow the directions in regulation 39 in a particular case, he or she may act under the Civil Service Act. It is the responsibility of public officials to carry out that decision.”
