The union representing senior civil servants has initiated an unprecedented legal challenge against the government's Rwanda policy, arguing it could force officials to break the law. The First Division Association (FDA) is seeking a High Court ruling on whether a provision in the Safety of Rwanda legislation, which allows ministers to ignore interim orders from the European Court of Human Rights, places civil servants in conflict with the Civil Service Code.
FDA General Secretary Dave Penman stated that members are not taking a political stance on the policy but require clarity on whether they could be ordered to breach international law and their professional obligations. He described the measure as a 'political choice' made to placate factions within the Conservative Party, calling it 'cowardly' and 'reckless'. The union fears that directing flights despite court orders would violate the code, which requires civil servants to act lawfully.
The government has countered with advice from Darren Tierney, head of propriety and ethics, published on its website. Tierney asserted that implementing the policy would comply with the Civil Service Code, as officials would be acting under an Act of Parliament that grants ministers explicit discretion. He argued that obeying lawful ministerial directions does not frustrate the code's provisions.
Meanwhile, the Home Office confirmed on Wednesday that 'a series of nationwide operations' to detain migrants for removal to Rwanda has begun. Immigration enforcement officers were photographed and videoed detaining individuals, who must be given seven days' written notice and retain the right to challenge their removal. The government aims to begin flights within nine to 11 weeks, revised from an earlier spring target. Labour has pledged to scrap the scheme if it wins the next election but has not clarified whether it would release those already detained.
The FDA's application for an expedited hearing has no guarantee of being granted, but if successful, it could temporarily paralyse the policy. Judges might rule that the government has created an unlawful conflict, preventing top civil servants from implementing the plan. The legal challenge adds to mounting obstacles for Prime Minister Rishi Sunak's flagship policy to deter Channel crossings.
