Civil Servants Are Alarmed By Claims They Could Be Ordered To Ignore ECHR Rwanda Rulings

The government is looking into ways to force civil servants to obey ministers if they decide to ignore court rulings blocking deportation flights to Rwanda, a minister has confirmed.

Plans reportedly being considered range from amending the civil service code to reminding civil servants of their duty under the code to serve the government of the day with impartiality. 

Civil service unions have described the proposals as "desperate" and "madness", while the former head of the Government Legal Department said changing the civil service code would be “odd, confused and damaging”.

On Wednesday a Downing Street spokesperson denied that Government was planning to rewrite the Civil Service code, and said that additional guidance would be provided to the Home Office. 

Asked about the rumoured plan to amend the civil service code on BBC Radio 4's Today programme this morning, illegal migration minister Michael Tomlinson said: “At the moment the rules are very clear that civil servants advise, ministers decide.”

Also questioned on whether government would tell officials they have to advise ministers to ignore judges, Tomlinson said ministers are “looking at the details of that”.

"My expectation is that there will be further confirmation that it will be ministers to decide, and then once those decisions are made they will be carried out by our excellent and efficient civil servants," he added.

The reports come after former home secretary Priti Patel called for Rishi Sunak to confirm that the civil service code cannot be used by officials to obstruct decisions.

The Rwanda Bill states that ministers will have the power to decide whether to comply with Rule 39 orders, which are rulings by European Court of Human Rights judges that have