Summary

  • Rishi Sunak says he will introduce emergency legislation on the Rwanda asylum plan, after the Supreme Court ruled the scheme was unlawful

  • The prime minister says the legislation will "confirm Rwanda is safe", after the court said there was a "real risk" people could be sent back to places they fled from

  • Sunak says change is needed to prevent the "merry-go-round" of legal challenges the government has faced over their flagship policy

  • Earlier, Sunak said the government was already working on a new treaty with Rwanda

  • The government claims the plan would deter people crossing the Channel in small boats

  • Once in Rwanda, people could claim asylum there, return home, or seek asylum in a third country - but not the UK

  • Labour's Keir Starmer says the Rwanda proposals have been a "ridiculous, pathetic spectacle"

  1. How the day unfoldedpublished at 18:55 Greenwich Mean Time 15 November 2023

    Francesca Gillett
    Live reporter

    British Prime Minister Rishi Sunak speaks to the media at a news conference in Downing Street in London, Britain, 15 November 2023. Sunak said he is not giving up on deporting asylum seekers to Rwanda and suggested he would be willing to change British laws to make it happen, as he tried to stave off a furious backlash on the right of his Conservative Party after the Supreme Court ruled his plan was illegal.Image source, EPA

    What a day— no, week, it's been in political news... and it's only Wednesday.

    The government's plan to send asylum seekers arriving by small boats to Rwanda is in tatters, after the Supreme Court this morning ruled it was unlawful.

    The policy was a key part of Rishi Sunak's plan to tackle migrants crossing the Channel and has already cost the UK £140m, but the UK's highest court ruled there had not been a proper assessment of whether Rwanda was safe.

    It was a blow for Sunak, who had already made headlines this week when he sacked Home Secretary Suella Braverman - a key champion of the Rwanda policy - and shook-up his top team.

    Braverman popped up again today, saying the judgement was "no surprise" and the government should bring in emergency laws and "block off" the European Convention on Human Rights (ECHR).

    Well, Sunak is doing some of that - in a news conference this afternoon the PM said the government would introduce emergency legislation to confirm that Rwanda was safe - and the UK was working on a new treaty with Rwanda.

    But he didn't say he would pull out of the ECHR - although added he we would "not allow foreign courts" to block flights.

    Several charities, meanwhile, have welcomed the ruling, and opposition parties including Labour have called the government's migration plan a "shambles" and the Rwanda policy a "gimmick".

    We're ending our live coverage now, but there's still plenty to get your teeth into:

    • For a round-up of the latest, that's here
    • Read analysis from our political editor Chris Mason here
    • And recap what the Rwanda plan involves here

    From all of the team here, thanks for joining us.

  2. Analysis

    Will Sunak's new plan work?published at 18:49 Greenwich Mean Time 15 November 2023

    Dominic Casciani
    Home and legal correspondent

    One way to declare Rwanda safe - as the prime minister says he intends to do - will be to add it to a long list of officially safe countries contained in existing immigration law.

    But even if that happens, legal heads are already being scratched.

    For a start, declaring a country safe is not the same as proving to a court that it is genuinely safe, as the Supreme Court has shown today.

    If Rishi Sunak took the extreme step of saying that the European Convention on Human Rights no longer applies to sending people to Rwanda, that would deal with one part of his problem. (There's more on what that convention is in our previous post.)

    But the Supreme Court also said three separate British laws stand in the way.

    So the government might have to change all these laws - and that's quite a feat to pull off when political time is running out.

    I've spoken to experts on the Rwanda saga from the winning side: They're predicting months of legal battles all the way back to the top.

    "It's like a boxer who just got knocked out, wanting a rematch immediately," said one.

  3. Wait - what's the European Court of Human Rights again?published at 18:43 Greenwich Mean Time 15 November 2023

    Tamara Kovacevic
    BBC News

    We've heard a bit about the European Court of Human Rights - and the European Convention on Human Rights in connection with this story - but what are they?

    The European Convention on Human Rights is a treaty drawn up in the aftermath of World War II, largely written by British civil servants and lawyers, which protects civil and political rights.

    In 1959 the European Court of Human Rights (ECHR) was established in Strasbourg to enforce the convention.

    The ECHR has nothing to do with the EU - so the UK remains part of it despite Brexit.

    It should not be confused with European Court of Justice (ECJ) - an EU court that settles disputes between EU members.

    The British government is bound by ECHR decisions, including its ruling last year which grounded what would have been the first flight taking asylum seekers from the UK to Rwanda.

    This has led to some Conservative politicians calling for the UK to withdraw from the convention, but Home Secretary James Cleverly suggested today the UK would not do so.

    James Cleverly watches Rishi Sunak at the press conference earlierImage source, Reuters
    Image caption,

    Cleverly watched the prime minister deliver his speech in Downing Street earlier

    Rishi Sunak said the government would "engaged in a process of reform" with the court. But he also added he would not allow "a foreign court to block our ability to get these flights off".

    It's extremely rare for a country to withdraw from the ECHR jurisdiction. Greece temporarily left following a military coup, Russia was expelled following its invasion of Ukraine, while Belarus never joined.

  4. Analysis

    Now for Plan B... but Rwanda flights look unlikely anytime soonpublished at 18:32 Greenwich Mean Time 15 November 2023

    Chris Mason
    Political editor

    People hold placards protesting against the government's Rwanda policy outside the Supreme CourtImage source, EPA

    The language of the courtroom can occasionally be barely decipherable. Not today.

    Lord Reed’s impassive tone couldn’t hide the blunt truth for the government of the court’s decision: The Rwanda plan was shredded.

    Out of that humiliation bubbles the Plan B: A treaty with Rwanda and a willingness to confront - albeit without the details of precisely how - the European Convention on Human Rights.

    The challenge of illegal migration to richer countries globally is huge. And the UK is not alone in considering new options, and wondering if decades-old conventions can survive.

    But critics of the government – from its former ministers to opposition parties – claim Rishi Sunak has made a difficult situation harder.

    He remains determined to be seen to take it on, for he concludes millions want him to. And he knows plenty of Conservative MPs demand that he does.

    But tonight, the prospect of migrants on planes to Rwanda anytime soon looks unlikely.

    It means the issue is likely to remain live – within the Conservative Party, across Parliament and around the country, as we head into the year of a general election campaign.

  5. What is emergency legislation?published at 18:09 Greenwich Mean Time 15 November 2023

    Peter Barnes
    BBC political analyst

    A little while ago, Sunak said he would introduce "emergency legislation" to stop his Rwanda policy "being repeatedly blocked".

    Emergency legislation just means legislation which is pushed through Parliament much quicker than normal.

    Typically there are gaps between when a bill is published and when it’s debated for the first time - and then several other gaps as it makes its way through the Commons and the Lords.

    In total, it normally takes several months for legislation to pass – six months to a year is very common.

    With emergency legislation, the government can make sure it happens much more quickly.

    All the Commons stages can be done in as little as a single day. And the same is true for the Lords, although in the Lords it’s a lot harder for the government to force the pace if they face opposition.

  6. Sunak sounded like a commentator, not a PM - Labourpublished at 17:54 Greenwich Mean Time 15 November 2023

    Jonathan Reynolds, shadow business secretary, on the Channel

    Labour's Jonathan Reynolds has been giving his immediate reaction to Sunak's news conference, saying: "This really is an absolute shambles of a flagship government policy".

    The shadow business secretary says the Rwanda plan had always been "unworkable" and it was also "extortionately expensive" - as we've reported, the government has paid £140m so far on it.

    He says Labour would "address the real problem, not through gimmicks", but by resourcing the National Crime Agency properly to tackle the criminal gangs aspect of the problem.

    Reynolds says that when Sunak was talking about the problems with the asylum system, such as the backlog and the cost of hotel bills, he sounded like "some sort of commentator on this" rather than the PM. "It is the government's own delays," says Reynolds.

  7. What did we just hear from Sunak?published at 17:36 Greenwich Mean Time 15 November 2023

    Rishi Sunak behind a lectern reading "Stop the boats"Image source, PA Media
    • Rishi Sunak began his statement by saying he did not agree with the Supreme Court's decision but he respected and accepted it
    • The PM said he would introduce "emergency legislation" that would enable Parliament to "confirm Rwanda is safe", aiming to stop a stream of legal challenges
    • Sunak then said the "British people's patience can only be stretched so thin" - and "they expect the boats to be stopped"
    • He mentioned "getting flights off as planned in the spring of next year"
    • Finally, Sunak said that the government will "engage with a process of reform" with the European Court of Human Rights (ECHR) - but he would "not allow a foreign court to block our ability to get these flights off"

  8. Braverman ally: It's just another version of Plan Apublished at 17:22 Greenwich Mean Time 15 November 2023

    Chris Mason
    Political editor

    An ally of Suella Braverman told the BBC: “This is a treaty which he’s putting in legislation - it’s just another version of Plan A.

    "He’ll be stuck in the courts again. More magic tricks from Rishi’s magical thinking.”

  9. It's not yet clear how far Sunak will gopublished at 17:15 Greenwich Mean Time 15 November 2023

    Vicki Young
    Deputy political editor

    Sunak speaks at the press conference in No 10Image source, PA Media

    Rishi Sunak is under huge pressure from a significant section of his party over immigration.

    He’s promising to “do what is necessary” to enact his Rwanda policy but it’s not clear yet how far he’d go.

    Many expect a new treaty to be challenged in the courts and Tory MPs will be demanding more detail on how he thinks he can circumvent human rights laws and international conventions.

  10. Sunak asked about European court intervention in Rwanda planpublished at 17:13 Greenwich Mean Time 15 November 2023

    Finally, the PM is asked specifically how he will stop European intervention in the Rwanda plan.

    Sunak says tackling the issue of migration "is not easy" and "won't be solved overnight".

    He says the government will "engage with a process of reform" with the European Court of Human Rights, and that work is already being done in that respect.

    But, he says, he will not allow "a foreign court to block our ability to get these flights off", once Parliament has determined that Rwanda is a safe country.

  11. I'm confident we'll keep making progress - Sunakpublished at 17:04 Greenwich Mean Time 15 November 2023

    Rishi SunakImage source, PA Media

    The next question comes from the Daily Mail's reporter, who suggests that Sunak is offering "more of the same" and people's patience has worn thin. Will he get flights taking off for Rwanda before the next election?

    "I understand people's frustrations," says Sunak. "I'm incredibly sympathetic. I think the current system is both unfair and unsustainable."

    He doesn't really answer the question but talks about the progress made in the past year - repeating again that he's made more progress to tackle small boat crossings than any other government.

    "I'm confident we will keep making progress, but getting Rwanda working is an important part of completing the job... and legislation will help us do that," he says.

  12. PM pressed on Home Office raising Rwanda human rights concernspublished at 17:02 Greenwich Mean Time 15 November 2023

    The next question is from Times Radio's Kate McCann.

    She tells the PM that the Home Office itself has identified "some concerns" with Rwanda's human rights record. How can Parliament be certain that Rwanda is a safe country, if the Home Office isn't - and can Sunak guarantee that a plane will leave before the General Election?

    Sunak answers that the Court of Appeal agreed with the government and received the proper assurances from Rwanda.

    He also says that "Rwanda is recognised globally" as a country that welcomes migrants and has worked with the UN on taking in refugees in the past.

    The new treaty will put into binding law the assurances everybody - including the Supreme Court - needs, Sunak says.

  13. Sunak says he 'shares frustrations' expressed in wake of rulingpublished at 17:00 Greenwich Mean Time 15 November 2023

    Rishi SunakImage source, PA Media

    Next up is a question from ITV's Anushka Asthana, who refers to comments earlier in the day from Lee Anderson - deputy chair of the Conservative party - that the government should ignore the law and "put planes in the air anyway".

    Asthana asks the prime minister if he will sack Anderson and, if no migrants are sent to Rwanda by the time of the next general election, whether he will admit he has failed.

    Sunak says he "respects the strength of feeling" and "shares" frustrations that people have following the judgement.

    The prime minister adds that "stopping the boats" is one of his five priorities.

    "We've made progress, but need to get the job done", he says, the "country's patience has run thin".

  14. 'It's a total shambles, isn't it?' PM is askedpublished at 16:57 Greenwich Mean Time 15 November 2023

    Media caption,

    Watch: Rishi Sunak tells the BBC's Chris Mason that flights to Rwanda will happen by spring

    Sunak now takes a question from the BBC's political editor Chris Mason, who asks him - after he fired his home secretary and the Rwanda plan was ruled unlawful by the Supreme Court - "it's a total shambles, isn't it?"

    The PM says the government has done more in the past year to tackle illegal migration than any government has done in years.

    He says the numbers of people coming here this year by small boat are down by a third - and there have been new deals with half a dozen countries.

    All this is while the numbers in Europe are getting worse, he says. "We're making strong progress," he says.

    He says the new treaty with Rwanda is "virtually ready to go" and will meet the challenges from today's ruling.

    Parliament will then "have the chance to demonstrate unequivocally" that Rwanda is "safe for these purposes", he says.

    These steps will clear the remaining barriers to us getting flights off, as planned, in the spring of next year, he adds.

  15. Supreme Court has confirmed third country principle is legal - Sunakpublished at 16:53 Greenwich Mean Time 15 November 2023

    "The Supreme Court has confirmed the principle of returning aslyum seekers to third countries is legal," Sunak says.

    "This means that when we have addressed the Supreme Court concerns, people will know that if they come here illegally they will not get to stay, and so they will stop coming altogether," he says.

    "This is how we'll stop the boats," Sunak adds.

  16. Sunak: 20,000 illegal migrants returned this yearpublished at 16:53 Greenwich Mean Time 15 November 2023

    The prime minister goes on to say that the UK has returned "over 20,000 illegal migrants this year".

    This government has "done more and delivered more than any government in the last five years", he says.

  17. Sunak: We are making progress on immigrationpublished at 16:52 Greenwich Mean Time 15 November 2023

    New Home Secretary James Cleverly listens to the PM's press conferenceImage source, PA Media
    Image caption,

    New Home Secretary James Cleverly listens to the PM's press conference

    Sunak goes on to say "we are a reasonable government and this is a reasonable country" but the "British people's patience can only be stretched so thin" - and "they expect the boats to be stoppped".

    He says "whatever my critics may say, we are making progress".

    He says that last December, the number of people crossing by boat had more than quadrupled in just two years, but "this year they are down by a third".

  18. I will not allow a foreign court to block the flights - Sunakpublished at 16:51 Greenwich Mean Time 15 November 2023

    "We may still face challenges from the ECHR [European Court of Human Rights]," Sunak says.

    He adds: "I told Parliament I'm prepared to change our laws. I will not allow a foreign court to block the flights."

    "I am prepared to do what is necessary to get flights off... I will not take the easy way out," Sunak adds.

    He says he does not believe the ECHR was meant to stop sending people to a country deemed safe.

  19. Government to introduce emergency legislation - Sunakpublished at 16:49 Greenwich Mean Time 15 November 2023

    Rishi Sunak says the government will be introducing "emergency legislation" to Parliament.

    The prime minister says this will enable Parliament to "confirm Rwanda is safe", and aim to stop a stream of legal challenges blocking the policy.

  20. Sunak 'accepts and respects' court decisionpublished at 16:46 Greenwich Mean Time 15 November 2023

    Rishi SunakImage source, PA Media

    Rishi Sunak begins by saying he does not agree with the Supreme Cout's decision but he respects it and accepts it.

    He says the rule of law is fundamental and "we've prepared for all outcomes".

    We've been working on new international treaty for Rwanda, he says.