Rishi Sunak is under growing pressure from Conservatives to use the party’s election manifesto to commit to quitting the European Court of Human Rights (ECHR).
But i understands any such move is likely to be resisted by key Cabinet ministers, including Home Secretary James Cleverly who has previously warned that leaving would threaten co-operation with European allies to tackle people smuggling gangs operating on the Channel.
However, MPs who previously did not back leaving the ECHR have changed their minds after Strasbourg’s controversial ruling last week on climate change.
The judgment that the human rights of a group of Swiss women were violated by a lack of government action against climate change, which also affects the UK, drew condemnation from the Prime Minister on Sunday, with Number 10 sources hitting out at a “complete overreach” by the Strasbourg court.
The comments to the Sunday Telegraph triggered fresh speculation that Mr Sunak could include a pledge to quit the ECHR in the Tories’ election manifesto, although the newspaper reported that the Cabinet is split by two to one against leaving.
i understands that Mr Cleverly, who acknowledges ECHR overreach, could argue against the move on practical grounds, having said in December that leaving could “undermine the key co-operation we have with countries [who] are very wedded to the ECHR for understandable reasons”.
But Mr Sunak is facing growing calls from Tory backbenchers to pull the UK out of the body, which would have implications for the Good Friday Agreement (GFA) for peace in Northern Ireland and could see the UK leave the Council of Europe, joining Russia and Belarus outside the organisation.
Tory MPs said Britain should now quit as the Commons prepared on Monday to debate again legislation designed to allow Mr Sunak to get Rwanda deportation flights up and running in the face of negative rulings from the domestic courts and ECHR.
Hastings and Rye MP Sally-Ann Hart told i: “I have always advocated for staying in the ECHR – but following the [climate case], I have contacted my whip saying enough is enough.
“We should leave. We cannot be part of an organisation which makes political decisions.
“ECHR judges have strayed too far. They just cannot help themselves – the attitude of ‘we know best’ is nonsense.”
Another backbench Tory MP, who wished to remain anonymous, said: “We need to have a serious conversation about withdrawal [from the ECHR].
“The strength of the comment from Downing Street is very welcome.
“There can’t be anymore tiptoeing around the issue now.
“Either we commit to staying or we don’t.
“The majority is prepared to do whatever we need to do to sort the issue [of immigration].”
Asked if they’d like to see it in the manifesto, the MP said: “I think voters would welcome that. I’d like to see that… It would show a lot of strength from Number 10 if they committed.”
Health Secretary Victoria Atkins on Sunday insisted Rwanda flights would begin “within weeks” of the Safety of Rwanda Bill passing Parliament, which is expected this week, despite ongoing wrangling between the Commons and Lords.
A Government source indicated to i that Mr Sunak continues to want the Bill to pass unamended, despite efforts by peers to water it down.