Shadow Cabinet Office minister Alex Burghart says the previous government should have overruled human rights legislation in dealing with asylum seekers.
He told Trevor Phillips the legislation was "preventing them from taking the tough action that was absolutely necessary".
"The mistake that we made was that we did not go far enough on, overruling human rights legislation that was binding the hands of the last government and preventing them from taking the tough action that was absolutely necessary," he said.
"I think by the end, we actually got to that point, and the general election prevented that legislation from being implemented."
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