THE Tories have been hit with a second legal action against their “morally reprehensible” bid to operate “pushbacks” in the Channel. 

Charity Care4Calais filed legal papers for a judicial review challenging the lawfulness of the government’s proposed policy this morning, alongside Civil Service trade union PCS, which represents Border Force guards. 

The union added that it would not rule out industrial action in protest against the Home Office’s “pushback” policy — which it says would put lives at risk — with officials refusing to turn boats around.

It is the second legal action to be officially launched against the policy, following Freedom From Torture’s decision to lodge a separate judicial review last month. Volunteer group Channel Rescue has announced action but not yet lodged a claim in court.

The Home Office claims that Border Force has existing powers in the 1971 Immigration Act to intercept vessels in British waters.

But lawyers dismissed this as “weak,” arguing that no such powers exist in the Act to push back boats. 

“The claimants in this challenge are unpersuaded by the Home Office’s weak legal reasoning to argue that they have the power under the Immigration Act 1971 to carry out pushbacks in the English Channel,” Jeremy Bloom from Duncan Lewis solicitors said.
 
“But, even if such a power existed, the Home Office’s policy fails to protect migrants and Border Force officials from serious harm or death at sea.”

PCS argues that the policy is morally reprehensible, contravenes international law and puts Border Force staff at risk of prosecution. 
 
The union’s general secretary Mark Serwotka said: “We cannot have a situation where our members could be open to potential civil and criminal action for implementing a policy that they do not agree with and know is not safe.
 
“Although we are hoping for a positive outcome from the legal proceedings, people should be in no doubt PCS strongly opposes this policy, on moral and humanitarian grounds, and we will not rule out industrial action to prevent it being carried out.”

The proposed policy is among a raft of measures ministers are hoping to pass in the Nationality and Borders Bill in order to crack down on the increasing number of asylum-seekers attempting to cross the Channel in flimsy vessels.

A Home Office spokesperson said: “As part of our ongoing operational response and to prevent further loss of life at sea, we continue to test a range of safe and legal options to stop small boats making this dangerous and unnecessary journey. 

“These all comply and are delivered in accordance with both domestic and international law.”

Last November 27 people drowned, including three children, when trying to make the crossing in the Channel’s deadliest disaster to date.

Care4Calais founder Clare Moseley said she feared the pushback policy could lead to further loss of life at sea. 

“The proposed policy de-prioritises the UK’s duty under domestic and international law to save lives at sea,” she said. 
 
“It is for good reason that this duty is a cornerstone of international maritime law. If eroded, I fear it will enable the UK to devalue lives at sea.

“It risks opening the gates to the horrific scenes we are seeing in the Mediterranean where the Libyan coastguard watch refugees drown and the Greek coastguard fire weapons to turn them back.”

The group’s fundraiser to cover legal costs had almost raised its £30,000 target today as the Star went to press. (mstar.link/care4calais)