Callum May
BBC News

The government’s paper setting out a summary of the legal advice , externalon Rwanda acknowledges that it is a "novel and contentious" policy - and one which has inherent risks.

Nevertheless the Home Office says there is a “clear lawful basis” on which a responsible government can proceed.

The advice summary argues that the UK Parliament can use "clear and express words" to exempt some legislation from oversight by domestic courts, although attempts to do so have not always succeeded.

It also says the Parliament cannot reasonably conclude Rwanda will always be safe for every potential individual liable to removal at any point in the future.

"Not to do so would mean ministers accepting that those unfit to fly, for example those in the late stages of pregnancy, or sufferers of very rare medical conditions that could not be cared for in Rwanda, could be removed with no right to judicial scrutiny," the advice says.

What’s more, it says that "completely blocking any court challenges would be a breach of international law and alien to the UK’s constitutional tradition of liberty and justice".

One legal academic has argued that Parliament should not be assumed as always taking precedence over the rulings of the courts.

Prof Mark Elliott of Cambridge University has written, external: "Parliament can be meaningfully sovereign only within a functional legal and constitutional system - and such a system can only exist if its other component elements are permitted to play their proper part."

This legislation will provoke intense political debate and it seems increasingly likely the Rwanda bill will lead to constitutional wrangling as well.

John Hayes, chairman of the Common Sense group of Tory MPs, has told the BBC it would be "unusual" for him to vote against a bill at second reading - but said he has not made his final decision.

"What’s clear is that the bill needs to be made stronger,” he told Radio 4's World at One programme earlier.

Hayes said he would take views from others before making his mind up on how to vote tomorrow.

A further meeting of some Conservative backbenchers organisations, including the Common Sense group, is planned for later this evening.

"The key thing about this is we want the prime minister's pledge to work, we want people to be flown to Rwanda, we want to stop the boats and we want to stop illegal migration," he said.

Hayes added that for the bill to work it "must be insulated against legal challenge".

He said several fellow Tory MPs feel the bill is not strong enough - including former home secretary Suella Braverman and former immigration minister Robert Jenrick, who resigned from the government last week over his objection to the bill.

But, when asked whether Rishi Sunak's actions would cost the PM his job, Hayes said he did not think "we are in that territory".

Image source, PA Media

It's been a busy afternoon of legal and political wrangling within the Conservative Party, so here's a quick summary of what we've learned:

• Around lunchtime, the European Research Group (ERG) published its legal advice , externalabout the government's plan to send some asylum seekers to Rwanda
• It stated that the government's bill looking does not go far enough in ensuring that flights take off
• The advice was taken on behalf of five internal pressure groups which sit on the right of the party, ahead of a vote in Parliament tomorrow
• Mark Francois, chairman of the ERG, said the bill had "so many holes in it" that the consensus from the ERG was to work out a "revised version that works better".
• Francois did not lay out explicitly how the group would vote, but did say the ERG had "dropped the government a broad hint"
• Meanwhile, the Home Office published its summary of the government's legal position - a move seen as an attempt to quell divisions in the Tory party
• The advice says the bill significantly limits UK courts ability to consider legal challenges and would have prevented 90% of asylum claims filed last year
• It also says the ERG's plans to prevent all legal challenges from people being sent to Rwanda would be alien to the UK's "tradition of liberty and justice"
• We are expecting a second press conference from the Common Sense Group - which pushes for stringent migration policies - at about 18:00 GMT
• A meeting of the One Nation group - MPs generally on the left and centre of the Conservative Party - will also take place at about the same time, with a statement also expected later

Sam Francis
Political reporter

The government has just published a summary of its own legal advice on the Rwanda Bill.

It says that ignoring international human rights law to remove asylum seekers to Rwanda - as the ERG are calling for - would be "alien to the UK’s constitutional tradition of liberty and justice".

The advice says the bill significantly limits the ability of UK courts to consider legal challenges to the Rwanda scheme - and would have prevented 90% of all asylums claims of people arriving on small boats last year.

But preventing any legal challenge to someone being removed from the UK would not be "on a clear legal basis which a responsible government may proceed", the summary lays out.

The bill, alongside the new treaty signed with Rwanda, will deter unlawful migration and control immigration effectively, the government's lawyers argue.

This will ensure a balance between the UK's interests and its international obligations, the advice adds.

The government’s full legal advice is always kept private, but you can read the summary here, external.

Harry Farley
Political correspondent

After a meeting of a coalition of right-wing groups of Tory MPs a little while ago, Simon Clarke says ministers "need to engage with us" to resolve the issues he sees in the bill.

Clarke, an ex-minister who was a close ally of former PM Liz Truss, says the report from the ERG’s lawyers is "very concerning" and sets out "quite clear and specific" challenges to the government on whether the legislation works.

"There is no point, frankly, in our view re-litigating this issue, unless it does work," he says.

Clarke says he hopes the government will respond with amendments which "do allow us to close those gaps".

Danny Kruger, who co-chairs The New Conservatives - another group of Tory MPs on the right - says he is “concerned” that the legal advice says the "bill is insufficient as it's currently drafted".

"The decision for all of us is whether there's the possibility of improving the bill so that it does meet the expectations that we all have," he says, adding: "We all want this bill to work."

He says they are "hopeful" the government will come forward with improvements.

ERG suggesting bill should be pulled - but could still vote for itpublished at 14:05 Greenwich Mean Time 11 December 2023

14:05 GMT 11 December 2023

Hannah Miller
Political correspondent

This afternoon’s meeting was organised by the ERG and attended by representatives of five factions of the Conservative Party.

Their mission - to capture the narrative and get the changes they’d like to see to the government’s Rwanda legislation.

The ERG know how to capture public attention. The initial comments timed to coincide with lunchtime news bulletins, their verdict published online for all to see.

What is not clear is what they’ll do.

While calling for further conversations with government, they’re suggesting the bill should be pulled.

And yet it’s still possible they could vote for the legislation tomorrow and hope to make changes further down the line.

The problem for the government is they already say they’ve gone as far as they can, and other factions of MPs worry even that is too far.

Sam Francis
Political reporter

ERG chairman Mark Francois has just said the current bill "has too many holes" in it to work and the government needs to start again.

While not committing to voting for or against it, he said the ERG's legal advice concludes the bill is "partial attempt" at getting the Rwanda plan through.

Francois also described the letter as a "broad hint" to the government.

He was backed up by fellow MP David Jones, a member of the ERG's "star chamber" of lawyers, who said the current bill is not "easily amendable" and that the government should consider a completely new approach to the law.

Responding to a question, Francois says that "we all want to stop the boats", and notes that there have been "two legislatives attempts at this already".

"This is kind of three strikes and you're out, isn't it?" he says.

Francois then faces a question from Sky, who asks whether tomorrow's vote will be a confidence issue for the PM if it fails.

He responds by saying he is not going to be drawn on the issue at the moment. And with that, his short press conference ends.

Mark Francois is asked if he is implying that the ERG will vote against the bill.

"If I were you, I wouldn't assume anything until at least there has been a further meeting this evening," he says.

He adds the group has "dropped the government a broad hint, now let's see how the government respond".

Francois says the ERG's lawyers have set out in "great detail" where they believe the weaknesses are and says it might be better for the government to start again with fresh legislation.

David Jones, a member of the so-called "star chamber" of Tory lawyers, says he does not think the Rwanda bill is easily amendable.

He also says he believes the government needs to review it and maybe consider completely new legislation.

"This leaves so many gaps in the legislation and so many ways people could actually evade the legislation if they wanted to remain in this country," he adds.

We are now hearing from the ERG's Mark Francois, who is reiterating some of the summary of the legal findings - which you can read here, external.

He tells those gathered that the Common Sense Group of Tory MPs are hosting a further meeting at 18:00.

"We discussed this for about a good hour and a half, I am not sure that final decision [on how to vote on the bill] will be taken even today, because of the importance of the issue," he says.

He says members were clear that the bill overall provides a "partial and incomplete solution".

Mark Francois, the chairman of the ERG, is about to give a statement about the Rwanda legal advice just published by the influential group.

You can watch along by clicking the Play button at the top of the page, or we'll bring you all the key points here.

Sam Francis
Political reporter

We don't yet know how the European Research Group will vote on the Rwanda Bill, but we do now know they think it does not work.

The ERG's lawyers say the bill needs "significant amendments" to cut off legal challenges and go further in disapplying international human rights law.

But Prime Minister Rishi Sunak has insisted this is as far as he is willing to go - any changes to the bill mean the Rwandan government will not accept it.

The ERG will meet with tonight to decide what to do, along with other groups fellow MPs on the Tory right - the New Conservatives, Common Sense Group, Conservative Growth Group and the Northern Research Group.

The first vote on the bill is tomorrow, and this opening statement suggests the ERG are ready for a fight with the government.

Image source, UK Parliament

We've heard from the ERG's lawyers - and shortly we will be hearing from their chairman, Mark Francois.

Francois is a veteran member of the right-wing group and came to prominence in the years after the Brexit vote when he was a vocal critic of Theresa May's government.

We'll bring you key lines from Francois right on this page.

Among the key conclusions from the ERG's legal advice is that the bill contains no restrictions on bringing legal challenges except over whether Rwanda is not a safe country.

The document argues many individual claims for people seeking to avoid being removed from the UK have already been brought on a variety of other grounds.

It adds that migrants and their lawyers will focus their efforts on challenges in other areas, if blocked from pursuing a legal claim on the basis of safety in Rwanda.

The ERG lawyers also say that while the bill does prevent challenges on the basis that Rwanda is unsafe for migrants removed there in general, it does not prevent legal cases being launched based on a person's individual circumstances.

"Experience to date in cases about attempted removal of illegal migrants to Rwanda demonstrates that individual challenges are likely to be numerous, and that they have had a high rate of success," the statement reads.

While the European Research Group (ERG) legal advice is highly critical of the bill - it does not set out how the MPs who are members of it intend to vote.

The verdict of its "star chamber" of lawyers, headed by veteran MP Bill Cash, is that the bill needs "very significant amendments" to work.

As it stands government's bill is "partial and incomplete solution to the problem of legal challenges in the UK courts", the letter says.

The advice from the ERG's legal team states the bill does not go far enough in ensuring flights to Rwanda carrying asylum seekers take off.

"The Bill overall provides a partial and incomplete solution to the problem of legal challenges in the UK courts being used as stratagems to delay or defeat the removal of illegal migrants to Rwanda," the letter states.

The ERG's legal advisers acknowledge the prime minister may be correct in calling it the "toughest piece of migration legislation ever put forward by the UK government", but go on to say they "do not believe that it goes far enough to deliver the policy as intended".

We have just received the legal advice from lawyers for the European Research Group (ERG) of Tory MPs.

We'll go through it and bring you what it says very shortly.

Hannah Miller
Political correspondent

We’ve seen around 20 MPs go into this meeting of the European Research Group, accompanied by former Home Secretary Suella Braverman.

Not huge in number, but the ERG is unashamedly trying to capture the narrative with a meeting and a statement setting out their assessment in the next hour or so.

Given the ERG famously played a key role in blocking Theresa May’s Brexit deal and ultimately bringing down her government - the danger they could pose to Rishi Sunak is clear.

We're expecting to hear from the European Research Group (ERG) of Tory MPs shortly.

The influential collective of Brexit-backing politicians on the right of the party have been looking at the updated Rwanda bill for a few days and debating whether to support it.

Several of its MPs, who are also qualified lawyers, have been examining Rishi Sunak's new plan to see if they believe it will work.

We'll let you know what conclusions they have drawn here.