Civil servants are attempting to stop Rishi Sunak’s Rwanda plan by mounting a legal challenge to the legislation – the first time civil servants have attempted to block a Government policy in the courts. The Telegraph has more.
The FDA union, which represents senior civil servants, has submitted an application for a judicial review over concerns that Home Office staff could be in breach of international law if they implement the Prime Minister’s Safety of Rwanda Act.
They say civil servants could be in violation of the Civil Service code – and open to possible prosecution – if they followed a minister’s demands to ignore an injunction from the European Court of Human Rights banning a deportation.
The Act gives ministers the power to decide whether to comply with a Rule 39 order made by the Strasbourg court, one of which grounded the first flight to Rwanda in June 2022. Civil servants have been instructed that they must defer to ministers over such decisions.
Dave Penman, FDA general secretary, said: “Civil servants should never be left in a position where they are conflicted between the instructions of ministers and adhering to the Civil Service code, yet that is exactly what the Government has chosen to do.
“This is not an accident, or down to poor drafting. It’s a political choice from the Government, made not for the good of the country but to avoid upsetting either of the warring factions within its own party.
“It’s also irresponsible. Those seeking to undermine the integrity and impartiality of the civil service have seized on the difficulties the Government has had in implementing this policy, to accuse civil servants of acting politically.”
It is thought to be the first time civil servants have attempted to block a government policy in the courts.
It seems we’ll find out how enforceable international law really is.
Worth reading in full.
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