Tory rebellion over small boats bill put on hold

A potentially significant Conservative rebellion on the government’s Illegal Migration Bill has been put on hold.

The controversial legislation – which would prevent anyone coming to the UK illegally from claiming asylum – returns to the Commons later.

A group of Tory MPs had considered pushing for a vote to close potential loopholes that they believe could prevent the removal of migrants.

They will now meet with ministers to look at how to tighten up the bill.

The change of heart is said to have followed MPs meeting for intensive talks with Home Secretary Suella Braverman.

The Illegal Migration Bill is designed to help fulfil Rishi Sunak’s pledge to “stop the boats”.

It aims to limit the arrival of migrants travelling on small boats to seek refuge in the UK, as well as people smugglers putting desperate people in the dangerous vessels.

The legislation would see asylum seekers arriving through unauthorised means being detained without bail or judicial review for 28 days before being “swiftly removed” to their home country or a “safe third country” such as Rwanda.

But a group of Conservative MPs had been arguing that the bill didn’t go far enough.

Some have called for ministers to take the UK out of the European Convention on Human Rights (ECHR) to drive through tighter border controls.

They had been prepared to push for changes this week to prevent courts from stopping the removal of migrants who’d arrived by illegal routes, or from potentially ordering the return of migrants who’d been removed.

There were predictions that 40 to 60 MPs could vote with them.

Mr Sunak and Ms Braverman have both stressed that they think the draft law complies with international obligations and that Britain would not need to exit the European Convention on Human Rights to introduce the plans.

But in a letter to MPs following publication of the bill earlier this month, the home secretary conceded there is a “more (than) 50% chance” her legislation may not be compatible with the convention.

The government is also facing pressure from other Conservative MPs, and the opposition, to announce more safe and legal routes for migrants.

Tory MP Tim Loughton has proposed an amendment that would force the home secretary to declare “safe and legal routes by which asylum seekers can enter” the UK.

It has been signed by former Brexit secretary David Davis and Dame Diana Johnson, the Labour chair of the Home Affairs Select Committee.

Organisations including the Refugee Council and Amnesty International say there are no safe and legal routes for most people to seek asylum in the UK.

But the Home Office said there were a number of such routes.

However, some are only available to people from specific countries such as Afghanistan and Ukraine, or British National status holders in Hong Kong.

The Missing Migrants Project, run by a UN agency, said 292 migrants have been reported dead or missing this year while seeking refuge in Europe.

Since June last year, there has been a crime of “illegal arrival” – created by the Nationality and Borders Act 2022.

This means that it is now an offence to physically arrive on the shores of the UK without permission – or to facilitate the arrival of others. This is punishable by up to four years in jail.