Civil servants have been trying to prevent deportation flights taking off from Rwanda by mounting a legal challenge against Rishi Sunak’s flagship policy.
The FDA, which represents senior civil servants, submitted an application for a judicial review over concerns Home Office staff could breach international law.
Dave Penman, FDA general secretary, said: “Civil servants should never be left in a position where they are conflicted between the instructions of ministers and adhering to the Civil Service code, yet that is exactly what the Government has chosen to do.
“This is not an accident, or down to poor drafting. It’s a political choice from the Government, made not for the good of the country but to avoid upsetting either of the warring factions within its own party.
Crowds of protesters hold placards and banners to support refugees in the UK during the protest outside the Home Office in London
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“It’s also irresponsible. Those seeking to undermine the integrity and impartiality of the civil service have seized on the difficulties the Government has had in implementing this policy, to accuse civil servants of acting politically.”
The move is being reported as the first time civil servants have attempted to block a Government policy in the courts.
However, a judicial review was brought in after then-Prime Minister Boris Johnson made a decision regarding the conduct of then-Home Secretary Priti Patel.
Darren Tienrey, the director general of propriety and ethics in the Cabinet Office, penned a letter to Sir Matthew Rycroft, the Home Office permanent secretary, informing officials against obstructing any move to ignore the Strasbourg court.
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Rwanda deportation flights have previously been blocked by the ECHR
PAHowever, the FDA stressed either ministers nor guidance could overrule the obligation under the Civil Service code to comply with the law.
It was also established that only an Act of Parliament could remove the conflict of interest.
Penman said: “This is not a decision that we have taken lightly. The Government has had plenty of time to include an explicit provision in the Act regarding breaking international law commitments which would have resolved this, but it chose not to.
“We have been clear all along that our challenge is not about the policy itself - that is a matter for Parliament.
Rishi Sunak updated the nation about his illegal immigration planGetty“Civil servants know that they have to support the government of the day and implement policy, regardless of their political beliefs, but they also know they have a legal obligation to adhere to the Civil Service code.
“Faced with a government that is prepared to act in this cowardly, reckless way, it is left to the FDA to defend our members and the integrity of the Civil Service.”
The Government decided to stress it already established its position with Home Office officials on the matter.
A spokesman said: “The Home Office already sought advice from the director general of proprietary and ethics in the Cabinet Office on the issue of the Civil Service Code and claims over the legality of implementing the Rwanda deportation scheme under the new legislation.”