UK considers pulling out of human rights court as Rwanda plan blocked

Downing Street said all options were on the table and did not rule out withdrawing from the European Convention on Human Rights (ECHR).

Home Secretary Priti Patel told MPs that three of the asylum seekers set to be on the first flight to Rwanda on Tuesday night had their removal blocked by the Strasbourg-based court, which interprets the ECHR.

Asked if the government could withdraw from the ECHR, the prime minister’s official spokesman said: “We are keeping all options on the table including any further legal reforms that may be necessary.

“We will look at all of the legislation and processes in this round.”

Attorney General Suella Braverman echoed that position and said many people would be frustrated at the role played by a “foreign court”.

Pressed on whether withdrawing from the ECHR was a possibility, she told the BBC’s ‘World At One’ programme: “We’re not ruling anything in and we’re not ruling anything out.”

A succession of Tory MPs pushed for the UK to withdraw from the ECHR and the jurisdiction of the Strasbourg court.

Because neither the convention nor the court are European Union creations, the UK’s membership was unaffected by Brexit.

Alexander Stafford condemned the “despicable ruling from the foreign European Court of Justice” while Sir Desmond Swayne said: “We are going to have to grasp the nettle and extend the principle of ‘taking back control’ to the convention.”

Jonathan Gullis, a ministerial aide to Northern Ireland Secretary Brandon Lewis, said “the ECHR’s role in UK law needs looking at urgently” – but reportedly deleted an initial social media post suggesting the court’s role should be removed entirely.

Withdrawing from the ECHR would be fraught with difficulties because it underpins human rights obligations in international treaties including the Good Friday Agreement and the Brexit deal.

Despite the focus on the ECHR, three of the asylum seekers due to be on the plane were granted injunctions by the Court of Appeal.

The court confirmed yesterday afternoon that three judges held an urgent hearing at 9.50pm on Tuesday – just 40 minutes before the flight was due to take off.

A full High Court review of the deportation plan is expected in July but Downing Street indicated a new flight to Rwanda could take place before the legal process is completed.