Mr Jenrick had been seen as taking an increasingly firm approach over plans to stop asylum seekers making unauthorised crossings of the Channel in small boats in recent weeks.
The draft Bill compels judges to treat Rwanda as a safe country after the Supreme Court ruled the scheme was unlawful over risks to refugees.
The legislation, which must be voted on by Parliament, gives ministers the powers to disregard sections of the Human Rights Act.
It is with great sadness that I have written to the Prime Minister to tender my resignation as Minister for Immigration.
I cannot continue in my position when I have such strong disagreements with the direction of the Government’s policy on immigration. pic.twitter.com/Zg3ezFJr8t
— Robert Jenrick (@RobertJenrick) December 6, 2023
However, it does not go as far as providing powers to dismiss the European Convention on Human Rights
Due to this Mr Jenrick said “stronger protections” were needed to end “the merry-go-round of legal challenges which risk paralysing the scheme,” BBC News reports.
Robert Jenrick resigns from Rishi Sunak’s government
In his resignation letter to Rishi Sunak, Mr Jenrick said the Prime Minister had “moved towards my position” on the emergency legislation.
He went on: “Nevertheless, I am unable to take the currently proposed legislation through the Commons as I do not believe it provides us with the best possible chance of success.”
Mr Jenrick added that the bill was “a triumph of hope over experience”.
We can no longer tolerate endless illegal migration into our country.
It costs us billions of pounds and costs innocent lives.
That is why we are taking action to put a stop to it.
— Rishi Sunak (@RishiSunak) December 6, 2023
Mr Sunak wrote back to Mr Jenrick to tell him his resignation was “disappointing”.
He wrote: “I fear that your departure is based on a fundamental misunderstanding of the situation.
“It is our experience that gives us confidence that this will work.”
He added: “If we were to oust the courts entirely, we would collapse the entire scheme.”
The Prime Minister pointed to Rwanda’s claim that they would not accept the UK breaching international law, adding: “There would be no point in passing a law that would leave us with nowhere to send people to.”
What does the Rwnada bill entail?
The Safety of Rwanda (Asylum and Immigration) Bill states that it is the “judgment of Parliament that the Republic of Rwanda is a safe country”.
Our new landmark emergency legislation will:
🚫 Control our borders
🚫 Deter people taking perilous journeys across the channel
🚫 End the continuous legal challenges filling our courtsIt is parliament that should decide who comes to this country, not criminal gangs.
— Rishi Sunak (@RishiSunak) December 6, 2023
The Bill says that “every decision-maker” – specifically mentioning the courts – “must conclusively treat the Republic of Rwanda as a safe country”.
It states that ministers will decide whether to ignore interim measures issued by the European Court of Human Rights which have previously scuppered flights.
Combined with the new legally binding treaty brokered with Rwanda, the Government hopes they can get the policy first announced in April last year off the ground.
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