A top minister came unstuck this morning as she attempted to spin last night’s humiliating court decision that threatens to blow up Keir Starmer’s immigration policy. The government was dealt an enormous blow by the High Court, after it ruled an Eritrean man could not be deported to France today as party of Sir Keir’s ‘one-in, one-out’ deal with Emmanuel Macron.
The court claimed the man, granted anonymity, would be made “destitute” if he were returned to Paris. It came after two flights set to send illegal migrants back to Paris also saw the individuals removed last minute due to interventions from human rights lawyers. This morning top minister Liz Kendall denied that the High Court’s ruling had not completely undermined the government’s deportation policy.
However she was immediately called out, as it was pointed out that the government’s own lawyer said that blocking his deportation would undermine the government’s policy.
Asked if the policy has now been undermined, Ms Kendall insisted: “This is one person. It is not going to undermine the fundamental basis of this deal.”
Times Radio’s Kate McCann hit back: “Your own KC Kate Grange says the deal’s been undermined and everyone else will ask to do this now.”
Insisting that she does not believe a decision about one individual will prevent other removals, Ms McCann tried again: “Your KC says that. So you’re saying your KC is wrong?”
The Science and Tech Secretary continued insisting: “No, I’m not saying that. The deal is very important. It is not a silver bullet. It’s not going to solve everything, but it will make a material difference because it says to people if you come here illegally, you can and you will be returned.
“And I know Shabana Mahmood, our new home secretary, is absolutely determined to deliver this, to make sure that pilot works, to make sure we give a clear message that if you come here illegally, you can and you will be removed alongside the deal.”
The Home Office has detained around 100 illegal migrants who have crossed the Channel, hoping they would be deported back to France under the terms of the new deal.
The Government promised the returns would begin “within weeks”, however it’s now been nine weeks since the agreement was struck and none have been deported.
Last night, shadow Home Secretary Chris Philp said: “The Government’s latest Channel migrant gimmick is now in complete disarray.
“Two flights, a legal defeat in court and zero deportations. Not a single migrant has been removed, yet thousands more continue to arrive.
“On Monday, I told the new Home Secretary in Parliament that unless they disapply the Human Rights Act for immigration cases, their meagre returns deal would collapse in court. She refused to listen, and here is the predictable result.”
David Wood, the former head of immigration enforcement, warned: “I do not think the Home Office will get any flights off the ground for weeks, even months. Individuals will bring challenges under human rights laws and claim that the use of the policy to exclude them from having their asylum claims considered is unlawful.”