In a striking intervention that sets the stage for a major political battle, Business Secretary Kemi Badenoch has declared that Britain must be prepared to leave the European Convention on Human Rights if the court continues to obstruct the government's flagship Rwanda deportation scheme.
The senior cabinet minister's comments represent the most explicit warning yet from a senior Conservative figure about potentially withdrawing from the international human rights framework that has governed UK law for decades.
The Rwanda Policy Standoff
Speaking exclusively to The Independent, Mrs Badenoch stated that while leaving the ECHR remains "not the government's preferred position," Britain cannot allow foreign courts to indefinitely block measures addressing the small boats crisis.
"If the ECHR continues to be interpreted in a way that makes it impossible to implement the Rwanda policy or similar solutions to illegal migration, then we have to consider all our options," she asserted.
A Growing Conservative Divide
The Business Secretary's position places her firmly on the right wing of the Conservative Party, alongside figures like former Immigration Minister Robert Jenrick and Deputy Chairman Lee Anderson, who have openly advocated for ECHR withdrawal.
However, her stance puts her at odds with more moderate Tories and potentially with Prime Minister Rishi Sunak, who has thus far resisted calls to leave the convention despite mounting pressure from his backbenchers.
The Legal Battleground
The European Court of Human Rights issued an eleventh-hour injunction in June 2022 that grounded the first scheduled flight to Rwanda, triggering a lengthy legal battle that culminated in the Supreme Court declaring the policy unlawful last November.
Since then, the government has been racing to pass emergency legislation and secure a new treaty with Rwanda that would address the court's concerns about asylum seekers facing "refoulement" - being returned to countries where they might face persecution.
Beyond the Rwanda Solution
Mrs Badenoch emphasised that the ECHR question extends far beyond the immediate Rwanda controversy. "This is about parliamentary sovereignty and our ability to control our borders," she argued.
"When the British people voted for Brexit, they voted to take back control of our laws and our borders. We cannot allow an international court to override the will of Parliament and the British people."
The Business Secretary's comments come as the government faces intense pressure to reduce Channel crossings ahead of the next general election, with migration expected to be a defining issue for voters.
