Lord Stewart of Dirleton

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That the Bill be now read a second time.

The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)

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My Lords, I begin by craving the indulgence of the Lord Speaker in your Lordships’ House. I had temporarily stepped outside to collect another piece of paper. With your Lordships’ indulgence I shall now begin to open, and beg that this Bill be now read a second time.

I am speaking to the House today as a member of the Government for the Bill, not in my formal law officer capacity, and my contributions and responses will reflect this.

The United Kingdom has a proud history of providing protection to those who are most in need, through our provision of safe and legal routes. Since 2015, we have offered over half a million people safe and legal routes into the United Kingdom through our Afghanistan, Ukraine and Hong Kong routes. This includes over 28,700 refugees, including over 14,000 children, via our formal refugee resettlement schemes. These established resettlement schemes play a key role in the global response to—

Lord Stewart of Dirleton (Con)

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The noble Lord heard me correctly. I remind the House of the convention that relates to law officers, whereby we do not divulge whether our opinion has been sought or the content of that opinion. It was in order to clarify my position—that I was not trespassing on that convention—that I spoke. I hope that that satisfies the noble Lord.

I was discussing the refugee resettlement schemes that this country has in place. These established resettlement schemes play a key role in the global response to humanitarian crises, saving lives and offering stability to those most in need of protection. However, our willingness to help those fleeing war and persecution must be tied to our capacity to do so, and critical to this is tackling illegal migration. There is nothing generous about allowing the status quo to continue; that would serve only the deplorable people smugglers who facilitate these dangerous crossings. It would only put more lives at risk and continue to strain our communities and public services.

As the Prime Minister has made clear, it is this Government’s priority to stop the boats, and I welcome the fact that this is a shared objective across your Lordships’ House. The Government are making good progress in stopping the boats. Last year, in 2023, small boat arrivals to the United Kingdom fell by around one-third, with Albanian arrivals down by over 90%, while we saw illegal entry rise elsewhere in Europe.

We have ramped up efforts to prevent crossings and disrupt the smugglers, with particular success stemming from increased collaboration with the French authorities. Our joint work with France prevented over 26,000 individual crossings by small boat to the United Kingdom. Since July 2020, the joint intelligence cell and French law enforcement partners have dismantled 82 criminal gangs responsible for people smuggling of migrants via small boat crossings. As of September 2023, immigration enforcement visits were up 68% compared with the same period in 2022. Last year, the Home Office arrested 92 individuals identified as small boat pilots and 253 people smugglers. In addition, during financial year 2022-23, the National Crime Agency conducted what is believed to be the biggest ever international operation targeting criminal networks suspected of using small boats to smuggle thousands to the United Kingdom. The operation saw the seizure of 135 boats and 45 outboard engines.

However, the increase in crossings in recent years means that around 51,000 otherwise destitute migrants are currently being accommodated in hotels, costing the taxpayer in excess of £8 million per day. The small boats problem is part of a global migration crisis. It is a challenge that most of us accept has no single solution, but this Government remain resolute in our commitment to preventing the misuse and evasion of our systems by illegal migrants, stopping these dangerous crossings and addressing the concerns of the British people. Operationalising the Rwanda scheme is a key part of the Government’s efforts to deliver this mission—a partnership which has always been part of the wider programme of work to deal with one of the most significant challenges of our time. It is only by fully implementing the migration and economic development partnership that we will create the strong deterrent necessary to stop these dangerous crossings and break the business model of the criminal gangs. Doing nothing is not an option.

The Supreme Court’s judgment on 15 November 2023 concluded that deficiencies in the Government of Rwanda’s arrangements for determining asylum claims could lead to risks of refoulement. But their Lordships also recognised, explicitly and in terms, that those deficiencies could be addressed in future. In response, the Home Secretary signed a new internationally binding treaty between the United Kingdom and the Government of the Republic of Rwanda which responds to the concerns raised and resolves those issues.

The Government also introduced this Safety of Rwanda (Asylum and Immigration) Bill, which buttresses the treaty, confirming that the Government of the Republic of Rwanda will fulfil their obligations under the treaty and supporting the relocation of a person to Rwanda under the Immigration Acts. The Bill is limited solely to the issue of the safety of Rwanda and relocations to that country and makes it clear that, with the new treaty, Rwanda is a safe country.

The Bill also makes it clear that Parliament is sovereign and that its Acts are valid notwithstanding any interpretation of international law. Let me make clear that the Bill does not “legislate away” our international obligations, nor does it seek to overrule or contradict the view of the Supreme Court. Its purpose is to say that, on the basis of the treaty and the evidence before it, Parliament believes those obligations to have been met and the concerns raised by the court dealt with, not that the Government do not care whether they have been or not.

The Bill creates a conclusive presumption that the Secretary of State, immigration officers and courts and tribunals must make decisions about relocation to Rwanda and review any such decisions on the basis that Rwanda is safe for the purposes of asylum and, in particular, will not send someone on to another country—the practice of refoulement, to which I referred earlier—in breach of the refugee convention.

The Supreme Court’s conclusions were based on the evidence submitted prior to the High Court hearing in September 2022 and did not—indeed, could not—consider subsequent work and efforts by and with the Government of Rwanda to strengthen the readiness of Rwanda to receive and support individuals relocated under the partnership.

Crucially, this has included work to bolster Rwanda’s asylum system in terms of both decision-making and processing by: delivering new operational training to asylum decision-makers; establishing clear standard operating procedures which capture new processes, and guidance in the asylum system on reception and accommodation arrangements, the safeguarding of vulnerable persons and access to healthcare; strengthening the Republic of Rwanda’s asylum system and appeals body; and strengthening procedural oversight of the migration and economic development partnership. When considered together with the legally binding provisions in the treaty, alongside the evidence of changes in Rwanda since summer 2022, this means that Parliament can conclude with confidence that Rwanda is a safe country.

Clause 2 also contains a clear notwithstanding clause, requiring courts to honour the previous clauses notwithstanding all relevant domestic law, the Human Rights Act to the extent disapplied by the Bill, and any interpretation of international law reached by the court or tribunal.

The Government remain committed to ensuring that rights and liberties are protected domestically, and to fulfilling our international obligations. We will always ensure that our laws continue to be fit for purpose and work for the people of the United Kingdom.

We recognise that some of the provisions in the Bill are novel. However, the Government are satisfied that the Bill can be implemented in line with both our domestic law and international obligations.

Lord Stewart of Dirleton (Con)

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I am obliged to the noble Lord for that intervention. On whether I deal with it in this part of the speech or it is left to the end, I will consult with colleagues.

As I was saying, the provisions in the Bill will ultimately allow us to deter people from taking unsafe and illegal routes into the country.

It is also clear to us all that people will seek to frustrate their removal through any means and, to prevent people from making claims to prevent their removal, the Bill disapplies elements of the Human Rights Act 1998. It disapplies Section 2 in relation to any systemic challenges to Parliament’s settled view that Rwanda is safe, Section 3 in relation to the whole Bill, and Sections 6 to 9 where the courts and others are considering whether Rwanda is safe and where the test that must be met before removal is whether it will result in serious and irreversible harm. In the context of the Bill, which deems Rwanda a safe country, this will ensure that people cannot frustrate removal by bringing systemic challenges in our domestic courts and, when considering any question relating to the safety of Republic of Rwanda, domestic courts and tribunals are not required to have regard to Strasbourg jurisprudence. It makes it clear that the courts and tribunals should defer to Parliament’s sovereign view that Rwanda is a safe country, as defined.

The Bill allows individuals to bring challenges against removal to Rwanda in exceptionally narrow circumstances, where there is compelling evidence relating specifically to their particular individual circumstances. The basis on which an individual may bring such a challenge is if they can demonstrate that there is a real and imminent risk that they would face serious or irreversible harm related to their particular individual circumstances if they were relocated. If people try to abuse this route by making claims without clear or compelling evidence, or in regard to general claims that they would be unsafe in Rwanda, their claim will be dismissed by the Home Office and they will be relocated from the UK before they can challenge that removal.

It is possible, but not necessarily likely, that those subject to removal may be subject to injunctions from the European Court of Human Rights. The Bill is clear that it is only for a Minister of the Crown to determine whether to comply with an interim measure of the Strasbourg court. It also makes it clear that domestic courts may not have regard to the existence of any interim measure when considering any domestic application flowing from a decision to relocate a person to Rwanda in accordance with the treaty.

The terms of the treaty that we have negotiated with Rwanda address the findings of the United Kingdom domestic courts and make specific provision for the treatment of relocated individuals, guaranteeing their safety and protection. The rule of law partnership that we have signed with Rwanda is a partnership to which both we and Rwanda are completely committed. The Bill, along with the treaty, puts beyond legal doubt the safety of Rwanda. We want to make sure that this legislation works. It is essential that we act now and do whatever it takes to stop people being manipulated into making dangerous crossings of the channel. Illegal migration is one of the most significant challenges of our time and the Government are acting in the national interest. I beg to move.

Lord Frost (Con)

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My Lords, we have heard a lot of anger and outrage this afternoon, and a lot of agonising about nebulous concepts such as international influence and reputation. We have heard much effort to side-slip away from our dualist system of international and domestic law, a lot of advocacy of a purist view of separation of powers that has never applied in this country, and a surprising degree of deference by this sovereign Parliament to a Supreme Court that did not exist two decades ago, is not a constitutional court in the US or European sense—much as many people seem to wish it was—and has decided that it is the fount of wisdom not just on law but on complex issues of foreign policy. Indeed, when it comes to the safety of Rwanda, it seems that the Government’s facts are just judgments but the Supreme Court’s judgments are facts.

Maybe it is useful to get back to the essentials. Perhaps it is old fashioned, but I believe it is the job of a national Government to set terms for who may enter the country, and to control the border accordingly. I think that proposition would be widely agreed on in this country, but seemingly not here. Here, it is suggested by many noble Lords that in significant areas the terms of entry must be set by international conventions agreed decades ago by a European court that seems to believe it has the right to define the extent of its own powers, and by the people traffickers and criminals who make it possible for large numbers of people to take advantage of these terms. We are told, in other words, that the British Government should not, in practice, be able to set the terms under which people can come into this country. I put it that starkly because we can then see that this is not a proposition that would command widespread assent in this country.

This current situation cannot be sustained in modern conditions. The Government are right to do what is necessary to re-establish control. Control must mean that the Government define the conditions for entry into the UK; that one of those conditions is that if you arrive illegally, you do not have the right to stay and must therefore go somewhere else; and that we have no obligation to take in just anybody who shows up and can claim asylum, in whatever numbers. It may well also have to mean that if international law, whether the ECHR or any other agreement, says anything different, then so much the worse for international law. All these things may be unpalatable—and I know they are unpalatable to many in this Chamber; it is much easier to avoid thinking about them—but if you do not do these things, you do not have control.

To the extent that I understand the alternatives most widely advocated by noble Lords, they seem to involve establishing so-called safe and legal routes for the many people who currently show up here illegally—in other words, to acquiesce in the reality that we do not control our borders, and to give up trying. The truth is that safe and legal routes will be rapidly overwhelmed by numbers, and that illegal arrivals will continue.

The most reverend Primate, who is in his place, reminds us that all human beings are of great value. Of course I agree with him, and for the same reasons; of course we should welcome the stranger. But, in my very humble view, in this area you cannot get from that undoubted existential truth to a political proposition—a proposition that large numbers of people from many countries around the world, if they can persuade a criminal trafficker to take them, have the de facto right to settle in this country. Those are propositions of a completely different nature and kind.

It follows logically from all this that of course I support the Bill and its deterrent purpose. I admit some doubts as to whether, in its current form, it will be robust enough to achieve the desired end. I think it would certainly have been better if it had been amended to strengthen the exclusion of international law, as proposed in the Commons; in my view, we will one day have to go there. But it is done now; the Commons debated it fully and has spoken. I support the Government in bringing it into force swiftly and I hope noble Lords will do likewise.

The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)

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My Lords, I am grateful to all noble Lords who have spoken today and shared their thoughts on this legislation. We have heard many thoughtful speeches from many noble Lords, but I welcome particularly the valued insights of my noble friends Lady Goldie, Lady Verma, Lord Wolfson, Lord Dobbs, Lord Horam and Lord Murray. It is clear from across the Benches that there is common ground in needing to find a solution to the challenges we face. Just for the record, of course I agree with the most reverend Primate the Archbishop of Canterbury on the worth of individuals.

Stopping illegal migration is an important issue for both the public and the Government. Parliament and the British people want an end to illegal migration, as my noble friend Lady Stowell powerfully argued; therefore, we need a deterrent. As noble Lords will have heard me say last week, we made progress towards stopping the boats but we must do more to break the business model of the criminal gangs and deter illegal migrants. I say to the noble Lord, Lord Kerr, that there is evidence of deterrence—and that it works. I am also grateful to my noble friends Lord Udny-Lister and Lord Horam for reminding us of Albania and the Australian example.

The dangerous channel crossings are often made by young, fit men in search of better life opportunities. Many of those have travelled through safe countries to reach the UK, as my noble friend Lord Hannan set out, and they have paid substantial amounts of money to the criminal gangs to facilitate their journey. As my noble friend Lady Goldie highlighted, these criminal gangs could not care less about the safety of migrants; they care only about the money. I think noble Lords are in agreement that we cannot let this continue.

The most reverend Primate the Archbishop of Canterbury and other noble Lords were right to place the Bill in its moral context, but proceeding with it is the moral course, as my noble friend Lord Blackwell powerfully noted. We must put a stop to the dangerous channel crossings that are putting lives at risk and to this mass trafficking of people in order to save lives. That is the humane thing to do, and it is the fair thing to do, as my noble friend Lady Verma argued.

By delivering our key partnership, relocating those with no right to be in the UK to Rwanda and not allowing them to stay in the UK, we will deter people from making these journeys and we will save those lives. We also need to ensure that we are meeting our international obligations, so the treaty the Home Secretary signed in December last year sets out to Parliament and the courts why Rwanda is, and will remain, safe for those relocated there. The Bill makes it unambiguously clear that Rwanda is safe and will prevent the courts second-guessing Parliament’s assessments.

The Prime Minister has been clear that he will not let a foreign court block flights. We simply cannot let Strasbourg dictate our border security and stop us establishing a deterrent.

I turn to the matters raised in the debate, including the points addressed in the amendment moved by the noble Lord, Lord German. A number of noble Lords asked why the legislation seeks to confirm that Rwanda is safe when the treaty simply sets out the aspirations of what should happen, and the measures are not in place. The Supreme Court recognised that changes may be delivered in future which could address the conclusions it came to. We have been working closely with Rwanda on these changes. The partnership with Rwanda is now set out in a new treaty, binding in international law, with specific provisions to address the court’s findings.

Since the evidential position considered by the UK domestic courts in summer 2022, we have obtained further specific information, evidence and assurances from the Government of Rwanda explicitly to address the challenges raised by the claimants and the UNHCR in the litigation, and the findings of the Supreme Court, following its judgment in November. This primarily takes the form of detailed standard operating procedures, reviews of contracts for services that the Government of Rwanda have procured—for example, with accommodation, facilities and medical insurance companies—and new and revised training programmes.

The noble Lords, Lord Purvis and Lord Coaker, mentioned this all in the context of the UNHCR. Rwanda has successfully hosted over 135,000 refugees and asylum seekers in collaboration with the UNHCR and other organisations. That is not including the nearly 2,000 supported in Rwanda by the emergency transit mechanism to evacuate to safety refugees and asylum seekers trapped in or fleeing civil war in Libya. That is also supported by the EU, which will support the operation of the ETM until 2026, and the EU announced a further €22 million support package for it. As recently as December 2023, the UNHCR evacuated 153 asylum seekers from Libya to Rwanda, and the European ambassador to Rwanda described the scheme as:

“A crucial life-saving initiative to evacuate people facing major threats and inhumane conditions in Libya to safety in Rwanda, It is a significant example of African solidarity and of partnership with the European Union. We are grateful to the Government of Rwanda for hosting these men, women and children”.


Regarding our agreement with Rwanda, we have taken crucial steps forward to respond to the Supreme Court findings, which recognise that changes could be delivered to address its conclusions. Both the Court of Appeal and the High Court found that the principle of relocating individuals to safer countries for their protection claims to be assessed was consistent with the UK’s obligations under the refugee convention, and the Supreme Court did not disturb this.

It is imperative that we continue to work at pace to stop the boats, save lives and break the business models of the evil criminal gangs. The fundamental accusation that Rwanda is incapable of making good decisions and is somehow not committed to this partnership is wrong, as my noble friend Lady Verma pointed out. I disagree with that. Rwandans, perhaps more than most, understand the importance of providing protection to those needing it. At this point, I say to the noble Lord, Lord Coaker, that the monitoring of all this is of course dealt with by the treaty, which we debated at some length last week.

I turn to the early intervention from the noble Lord, Lord Carlile, on the Motion set down by this House not to ratify the treaty. Your Lordships will be aware that a resolution made in this House on the treaty does not necessarily stop its progress. The International Agreements Committee report did not fundamentally find anything objectionable in the treaty itself. The report was about implementation, not any flaws in the treaty. The treaty will therefore follow the usual process with regard to scrutiny and ratification. Ultimately, the Minister responsible can decide to issue a statement declaring that the treaty should be ratified in any event, and the Home Secretary will confirm the Government’s position in due course.

The noble Lords, Lord Carlile and Lord Purvis, also asked about the timings of the Bill. This reflects an answer I also gave last week. Both the treaty and the Bill need to progress their respective paths through Parliament in the usual way before they can be ratified or receive royal assent respectively. Rwanda will also need to adjust its legislation and ratify the treaty on its side. Once these things have happened, the Bill and the treaty will be operable.

The noble Lords, Lord Ponsonby and Lord German, asked about the Government’s safe and legal routes. The UK is a generous country. We are proud of that fact, and we are proud of the fact that we have helped so many refugees to safety. The Government have made it clear that we will continue to provide sanctuary to those most in need, but we can act only within our capabilities. I say to the noble Lord, Lord Paddick, that it is not about “I’m all right, Jack”; it is about capability and capacity. While the compassion of the UK is unlimited, our capacity is not. Local authorities have played a vital role in delivery of our safe and legal routes, but they are feeling the pressures caused by both legal and illegal migration. We can bring people over on safe and legal routes only when local authorities are able to receive them. We remain committed to looking at new or expanded safe and legal routes to the UK for those most vulnerable, but only once we have drastically reduced the unacceptable number of illegal, dangerous and simply unnecessary small boat crossings, which are putting a huge amount of pressure on our public services.

Lord Sharpe of Epsom (Con)

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My Lords, I will come back to that.

On 20 October 2023, the Home Office launched the consultation on the cap on safe and legal routes, to understand local authority capacity. This consultation closed on 9 January 2024. Home Office officials are currently reviewing those responses and are planning further engagement with the respondents through a series of regional dialogues to validate responses and to determine a capacity estimate. We will produce a summary of the consultation by the spring and, in summer 2024, the Government will lay a statutory instrument in Parliament which will then need to be debated and voted on, before the cap comes into force in 2025. Therefore, in answer to the noble Lord, Lord Blunkett, we have to wait for all those things to take effect. I have no doubt that this matter will be up for debate again after 2025.

The noble Baronesses, Lady Whitaker and Lady Brinton, asked how we can deem Rwanda to be safe if we are granting Rwandan nationals refugee status in the UK. Rwanda is a safe country, which is what this Bill asserts. The meaning of a “safe country” is set out in Clause 1(5). However, our obligation when an asylum claim is lawfully lodged and admitted to the UK asylum process for consideration is to carry out an individualised assessment of a person’s particular circumstances. If, after that assessment, there is found to be a reason why a person, based on these individual circumstances, cannot be returned to their country of origin, then it is correct that we grant them protection. It is important to stress that people from many different nationalities apply for asylum in the UK and this includes—

Lord Sharpe of Epsom (Con)

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My Lords, quoting from the Bill in answer to the noble Baroness, it is

“the person in question, based on compelling evidence relating specifically to the person’s particular individual circumstances (rather than on the grounds that the Republic of Rwanda is not a safe country in general)”.

That is pretty straightforward. It is important to stress that people from many—

Lord Sharpe of Epsom (Con)

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My Lords, each individual case is different. I do not know the particular circumstances.

It is important to stress that people from many different nationalities apply for asylum in the UK. This includes nationals from some of our closest European neighbours and other safe countries around the world. That is why there are a small number of cases where we have granted asylum to individuals from countries that we would otherwise consider safe. This is a reflection of our system working. An individual claim is not a reflection of the country as a whole. This process also reflects the safeguards which the Bill provides to individuals in Clause 4, which I have just read out. Each case will be considered on its individual merits by caseworkers who receive extensive training. All available evidence is carefully and sensitively considered in the light of published country information, but I cannot comment on the specifics of individual cases.

The right reverend Prelate the Bishop of London and the noble Lord, Lord Blunkett, asked what support will be available for those who are particularly vulnerable. Rwandan officials will have due regard to the psychological and physical signs of vulnerability of all relocated persons at any stage of the application and integration process. Screening interviews to identify vulnerabilities will be conducted by protection officers in Rwanda who have received the relevant training and are equipped to handle competently safeguarding referrals. Interpreters will be available as required to ensure that relocated individuals can make their needs known. All interviews will be conducted with sensitivity for the individual’s well-being.

The Government of Rwanda have processes in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health, gender-based violence and addiction. All relocated individuals will receive appropriate protection and assistance according to their needs, including referral to specialist services, as appropriate, to protect their welfare.

Article 13 of the treaty makes specific provision that Rwanda will have regard to information provided about a relocated individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking and shall take all necessary steps to ensure that these needs are accommodated.

Lord Sharpe of Epsom (Con)

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My Lords, as I have just said, the treaty makes specific provision that Rwanda will have regard to information provided about a relocated individual by the United Kingdom.

Lord Sharpe of Epsom (Con)

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My Lords, I will have to write to the noble Lord on that very specific point.

These are also detailed in the standard operating procedures as part of the evidence pack released on 11 January in support of the Bill. Furthermore, the UK is providing additional expertise to support the development of Rwanda’s capacity to safeguard vulnerable persons.

The noble Lord, Lord Cashman, and the noble and learned Lord, Lord Etherton, asked about the treatment of LGBT persons, if sent to Rwanda. Rwandan legal protection for LGBT rights is generally considered more progressive than that of neighbouring countries. The constitution of Rwanda includes a broad prohibition of discrimination and does not criminalise or discriminate against sexual orientation in law or policy. As set out in paragraph 36 of the Government’s published policy statement, the constitution of Rwanda prohibits, at article 16, discrimination of any kind based on, among other things, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, and physical or mental disability.

The noble Baroness, Lady Brinton, asked about unaccompanied children deemed to be adults being relocated to Rwanda. As the treaty sets out in Article 3(4), we will not seek to relocate unaccompanied individuals who are deemed to be under 18 to Rwanda. Any unaccompanied individual who, subsequent to relocation, is deemed by a court or tribunal in the UK to either be under 18 or to be treated temporarily as being under 18, shall be returned to the UK.

Lord Sharpe of Epsom (Con)

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My Lords, I am afraid I am not familiar with that part. However, I have just read out the relevant clause in the Bill that deals with specific individual circumstances.

Any person who has been relocated to Rwanda but who subsequently receives a court or tribunal order from the UK that they must be treated as a minor, and are therefore a child who is in Rwanda without a parent or guardian, shall be provided with suitable accommodation and support that meets all the requirements for families with children set out within the treaty under paragraphs 1.1 and 1.2.2 of Part 1 of Annex A to the treaty until the child is returned to the UK.

With regard to concerns about the impacts of the policy on children treated as adults, I reassure noble Lords that there are safeguards in place to prevent that happening. The Home Office will treat an individual claiming to be a child as an adult without conducting further inquiries only if two officers—one of at least chief immigration officer grade or equivalent—have separately determined that the individual’s physical appearance and demeanour very strongly suggest that they are “significantly over 18 years” of age. If doubt remains about whether the claimant is an adult or a child, they are treated as a child for immigration purposes until a further assessment of their age by a local authority or the National Age Assessment Board. This will usually entail a careful, holistic age assessment, known as a Merton-compliant age assessment. Only once this assessment is complete could the individual then be treated as an adult if found to be so.

Many noble Lords have asked whether this Bill will comply with international law. Its provisions are consistent with our international law obligations. They retain rights challenge based on compelling evidence of serious and irreversible harm in specific individual circumstances, which will arise in narrow circumstances.

In response to the points made by the noble Lords, Lord German and Lord Howarth, I say that the Bill makes it clear that it is only for a Minister of the Crown to determine whether to comply with an interim measure of the Strasbourg court. I am grateful to my noble friend Lord Wolfson and the noble Lord, Lord Faulks, for their comments on this.

I will not get drawn into speculation about hypothetical scenarios, but the internationally binding treaty agreed between the UK and Rwanda contains binding commitments to ensure that the scheme is compliant with international law, including the ECHR. It also makes it clear that domestic courts may not have regard to the existence of any interim measures when considering any domestic application flowing from a decision to relocate a person to Rwanda in accordance with the treaty.

The Permanent Secretary for the Home Office has confirmed that if we receive a Rule 39, instead of deferring removal immediately—as the guidance currently indicates—officials will refer the Rule 39 to the Minister for an immediate decision. To answer the noble Lord, Lord Wilson, I say that the Cabinet Office has confirmed that it is the responsibility of civil servants under the Civil Service Code to deliver that decision. Consideration will be on a case-by-case basis depending on the facts. I also remind noble Lords that, as the Government have set out, both the UK and Rwanda are committed to making this partnership work.

As my noble friend Lord Murray set out, the Section 19(1)(b) statement is not specific to one provision; it applies to the Bill as a whole. A statement under Section 19(1)(b) makes it clear, in this instance, that the Home Secretary is not able to state now that the Bill’s provisions are more likely than not compatible with convention rights. There is nothing improper or unprecedented about pursuing Bills with a Section 19(1)(b) statement. It does not mean that the Bill is unlawful or that the Government will necessarily lose any legal challenges on human rights grounds. Parliament clearly intended Section 19(1)(b) to be used as it is included in the Human Rights Act 1998. It is an important measure to safeguard parliamentary sovereignty. Section 19(1)(b) statements have been used by Governments of all stripes before. For example, the Bill that became the Communications Act 2003 included a provision banning paid political advertising on TV. The use in this case recognises the novel and ambitious approach taken by this Bill, and the fact there is room for argument both ways. We are testing the limits but remain satisfied that this Bill is compatible with international law.

The Bill allows decision-makers and the courts to consider claims that Rwanda is unsafe for a person due to their particular individual circumstances, as we have discussed. As the right reverend Prelate the Bishop of London noted, the Bill does not disapply Section 4 on declaration of incompatibility, as this is the only substantive remedy against the conclusive presumption that Rwanda is safe. Retaining DOIs allows the courts to respond to changing circumstances and for this question to be brought back for parliamentary consideration. Of course, the final say on the matter will remain with Parliament and the Government because Section 4(6) of the Human Rights Act makes it clear that a declaration cannot affect the operation or validity of domestic legislation.

The effect of retaining this Section 4 is therefore beneficial in limiting domestic and international legal challenge and, crucially, does not undermine the operation of the Bill, and in doing so reaffirms parliamentary sovereignty. The court could not grant interim relief on the basis of a DOI having been granted because of the clear and unambiguous language of Section 4(6) of the Human Rights Act.

The noble Baroness, Lady O’Loan, asked about the impact of the Bill in Northern Ireland. The Bill will apply fully in Northern Ireland in the same way as it does in the rest of the United Kingdom. This is explicit in the Bill and will always be the case, reflecting that immigration policy is a UK-wide matter. Nothing in the Windsor Framework, including Article 2, or the trade continuity agreement affects this. The Bill’s provisions do not diminish the rights and commitments we have made on the convention on human rights in the Belfast agreement. The Government remain fully committed to that agreement in all its parts. The Government are unshakable in their commitment to the Belfast/Good Friday agreement, and the Bill does not undermine this.

Lord Sharpe of Epsom (Con)

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As I have just set out to the noble Baroness, the Government takes a different view to those opinions.

The noble Lord, Lord Ponsonby, asked about the costs of this partnership. The spend on the MEDP with Rwanda so far is £240 million. Further funding will be provided to Rwanda once the partnership is operational. Costs and payments will depend on the number of people relocated, the timing of when this happens and the outcomes of individual cases. Spending will continue to be reported as part of annual Home Office reports and accounts in the usual way. Those focusing solely on the costs of this partnership are missing the point. It is incredibly frustrating for the British people and the taxpayer to spend billions to house illegal migrants in hotels. The daily cost of hotels for migrants is £8 million and the cost of the UK’s asylum system has roughly doubled in the last year; it now stands at nearly £4 billion. Criminal smuggling gangs are continuing to turn a profit using small boats. We must bring an end to this.

The Government recognise the extraordinary level of interest in this partnership, and we take our responsibility to be transparent seriously. However, that must be balanced with the nuances of managing our international relationships and respecting commercial sensitivities. We have said we will do what it takes to curb illegal migration and stop the boats. As we explore avenues of doing this, it would be against our direct interests to release all financial information. Costs and payments of course will depend on the number of people relocated, the timing of when this happens, and the outcomes of individual cases. Every individual’s needs are different, and funding will only be provided while an individual remains in Rwanda. Spending will be reported as part of the annual Home Office reports and accounts in the usual way.

I am getting to the end. Noble Lords have asked whether this Bill will, by disapplying international law, have a knock-on impact on wider international treaties and potentially worsen the UK’s relationship with the ECHR. We have a long and diverse history of freedoms in this country, and we are proud of the UK’s heritage and culture on human rights and democracy. But no country has all the answers to global human rights challenges. We continue to engage others about our ongoing journey on these issues—a point made by many noble Lords and emphasised by my noble friend the Foreign Secretary on 16 January.

I am again thankful for all the contributions made to today’s debate. It is absolutely essential that we tackle illegal migration, bring an end to such dangerous channel crossings and save lives. To the noble Lord, Lord Coaker, I say that the integrity of our border also matters. I therefore urge noble Lords to support the Government in delivering the partnership with Rwanda, and our wider plans to take control of our borders and stop the boats. These are difficult choices to make with regards to tackling this issue. That is what this Government are doing, and we will continue to do so. The Bill will enable us to stop the boats, and I commend it to the House. I invite noble Lords to reject the amendment standing in the name of the noble Lord, Lord German.

Lord Sharpe of Epsom

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That the bill be committed to a Committee of the Whole House.

The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)

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My Lords, I thank all noble Lords who have spoken in the debate. The overriding purpose of the Bill is to ensure that Parliament’s sovereign view that Rwanda is a safe country is accepted and interpreted by the courts to prevent legal challenges which seek to delay removals and prevent us from taking control of our borders.

Amendments 3 and 7, in the name of my noble friend Lord Hailsham, suggest that the legislation is replacing a judicial finding of fact. The Government respect the decision of the Supreme Court in its judgment. However, the judgment was based on information provided to the court on Rwanda up until summer 2022. Their Lordships recognised, explicitly and in terms, that those deficiencies could be addressed in future.

In response, the Home Secretary signed a new, internationally binding treaty between the United Kingdom and the Government of Rwanda, which responds to and resolves the concerns raised by the court. Alongside the treaty, the Government have also introduced the Safety of Rwanda (Asylum and Immigration) Bill, which buttresses the treaty, and supports the relocation of a person to Rwanda under the Immigration Acts.

It is our view that Parliament and the Government are appropriately equipped to address the sensitive policy issues involved in this legislation and, ultimately, tackle the major global challenge of illegal migration.

Lord Sharpe of Epsom (Con)

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My Lords, one of the groups that we are coming on to looks at the organisations and committees that are set up under the treaty. We will return to that discussion about the provisions of the treaty in respect of what my noble friend has just asked. As I say, it would not be right for the delivery of our policy, which is key to our commitment to stop the boats, to be left solely dependent on this.

Amendments 11 and 12 tabled by the noble Lord, Lord German, seek to ensure that individuals relocated to Rwanda must have any asylum claim determined and be treated in accordance with the UK’s international obligations. This is unnecessary in view of the comprehensive arrangements that we have in place with the Government of Rwanda. It is important to remember that Rwanda is a country that cares deeply about supporting refugees. It works already with the UNHCR and hosts more than 135,000 refugees and asylum seekers and stands ready to relocate people and help them to rebuild their lives.

We will get on to this again in a later group, but I remind the Committee that the UNHCR has signed an agreement with the Government of Rwanda and the African Union to continue the operations of the emergency transit mechanism centre in Rwanda, which the EU financially supports, having recently announced a further €22 million support package for it. Indeed, as recently as late December, the UNHCR evacuated 153 asylum seekers from Libya to Rwanda.

The noble Baroness, Lady Hamwee, asked about the international agreements that Rwanda has signed. That is dealt with at paragraph 25 of the policy statement. I will read it for convenience:

“Rwanda is a signatory to key international agreements protecting the rights of refugees and those in need of international protection. It acceded to the Refugee Convention, as well as the 1967 Protocol, in 1980. In 2006 it acceded to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Conventions on the Reduction of Statelessness. Regionally, it is a signatory of the Organisation of African Unity Convention on Refugees in Africa and the 2012 Kampala Convention”.


Paragraph 26 goes on to say that:

“Rwanda’s obligations under these international agreements are embedded in its domestic legal provisions. The Rwandan constitution ensures that international agreements Rwanda has ratified become domestic law in Rwanda. Article 28 of the constitution recognises the right of refugees to seek asylum in Rwanda”.


The presumption which appears to underpin this amendment is that Rwanda is not capable of making good decisions and is somehow not committed to this partnership. I disagree. Rwandans, perhaps more than those in most countries, understand the importance of providing protection to those who need it. I remind the Committee that my noble friend Lady Verma spoke very powerfully on that subject at Second Reading.

The core of this Bill, and the Government’s priority, is to break the business model of the people smugglers. That will not happen if we undermine the central tenet of the Bill, which is the effect of these amendments, and a point that was well addressed by my noble friend Lord Howard. We are a parliamentary democracy, and that means that Parliament is sovereign. Parliament itself is truly accountable, and I therefore invite the noble Baroness, Lady Chakrabarti, to withdraw her amendment.

Lord Sharpe of Epsom (Con)

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Clause 1(3) is just a simple restatement of the various facts of the Bill.

Lord Sharpe of Epsom (Con)

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My Lords, this is Committee, and I am speaking to the various amendments in this group. As I have just reminded my noble friend Lord Hailsham, we will get to another group which debates the clauses in the treaty—as regards the various committees and so on that are in place—later in the day.

Lord Sharpe of Epsom (Con)

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My Lords, it is simply the introduction to the Bill, so I am not entirely sure I get the drift of the question of the noble Baroness.

Lord Sharpe of Epsom (Con)

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I have not yet had a chance to read the report, which I believe was published only today, but I will of course read it in due course and respond accordingly.

Lord Sharpe of Epsom (Con)

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My Lords, I do not rely on that at all. As I tried to explain, a variety of aspects of the UNHCR’s work are included in our safety assessment—and that is just one of them.

Lord Sharpe of Epsom (Con)

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As my noble and learned friend is aware, I speak for the Government.

Lord Sharpe of Epsom (Con)

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I am afraid that I do not know; I will find out.

The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)

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My Lords, I am grateful to all noble Lords who contributed to this debate, and in particular to the noble Lord, Lord German, for opening. I acknowledge the spirit across the Committee of approaching this matter by looking to see what can be amended and not setting out to wreck the Bill, as the noble Baroness, Lady Chakrabarti, said on the first group.

Lord Stewart of Dirleton (Con)

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I accept that and I did hear the noble Baroness make that point from the Benches opposite.

Since summer 2022, when judicial review proceedings in relation to the migration and economic development partnership began, the United Kingdom and the Government of Rwanda have worked to refine and improve that partnership. This has strengthened not only the operational readiness of Rwanda to receive and support migrants relocated under the partnership but the legal footing of the agreement and the commitments both sides undertake to ensure that national and international obligations and standards are met, having scrutinised closely and carefully all the circumstances of the country and information from appropriate sources.

Rwanda has a long history of supporting and integrating asylum seekers and refugees in the region. It has also been recognised internationally for its general safety and stability, strong government, low corruption and gender equality. I quote from what the Kigali-based comprehensive refugee response officer, Nayana Bose, of the UNHCR said in December 2021—mark the date:

“Rwanda has done an excellent job integrating refugees in the national education system, including urban refugees in the national community-based health insurance plan, providing them with national ID cards and offering them livelihood opportunities”.


As the Committee is aware, the Bill is underpinned by the treaty, Article 10 of which in particular sets out the assurances for the treatment of relocated individuals in Rwanda, including abiding by the refugee convention in relation to those seeking asylum. Furthermore, pursuant to Article 3 of the treaty, the parties agree that the obligations therein

“shall be met in respect of all Relocated Individuals, regardless of their nationality, and without discrimination”.

Under this commitment, Rwanda will treat all groups of people fairly. We have assurances from the Government of Rwanda that the implementation of measures within the treaty will be expedited. The treaty will follow the usual process with regard to scrutiny and ratification. I note that amendments tabled by noble Lords on this topic will be debated in the group to follow.

Amendment 17 would also oblige the Secretary of State to consider Rwanda safe only if it was deemed so for every descriptor of person as set out in Section 7(3) of the Illegal Migration Act. In relocating individuals to Rwanda, decision-makers will make a case-by-case decision about whether there is compelling evidence that the particular circumstances of each case would mean an individual would be at risk of serious and irreversible harm were they to be relocated to Rwanda. This means that each person’s circumstances are considered before relocation. We therefore consider the amendment unnecessary.

Amendments 24 and 27 relate to the roles of courts and tribunals. It is important that we recognise that these are considered decision-makers in relation to relocating individuals to Rwanda, and they may have a say in it.

Amendment 27 in particular would place an obligation on courts and tribunals to consider any claim that Rwanda may breach its international obligations by removing an individual to a country that was unsafe for them; that an individual may not receive fair and proper consideration of their asylum claim; and that Rwanda will not act in accordance with the terms of the treaty. This obligation is unnecessary. Rwanda is as committed to this partnership as we are. We have worked closely together to build this partnership and have trust that the commitments in the treaty will be upheld. That is why we have introduced the Bill, which reflects the strength of the Government of Rwanda’s protections and commitments given in the treaty, allowing Parliament to confirm the status of the Republic of Rwanda as a safe third country.

The noble and learned Lord, Lord Falconer of Thoroton—I speak to his later contribution, rather than when he was assisting the noble Lord, Lord German, with legal analysis—posed the question of whether judicial review might be applicable. My noble friend Lord Howard of Lympne took up that point as well. On that aspect, I refer noble Lords to the terms of Article 22 of the treaty, which provides:

“In the event of a dispute arising out of or relating to this Agreement, including any question regarding its existence, validity, termination, interpretation or implementation, the Parties shall refer the dispute to the Joint Committee which shall meet within 14 … Working Days to discuss and seek resolution to the dispute by consultation”.


Therefore, the process by which matters will be addressed, if there is some shock to the operation of the system once it is operational, is set out in the terms of the treaty and operates on the level between the two countries.

Lord Stewart of Dirleton (Con)

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My Lords, in relation to the operation of the treaty during its currency, we should bear in mind that a monitoring committee is in place, which examines these things on a going-forward basis, keeps them under supervision and reports back.

Annexe B of the treaty also sets out the claims process for relocated individuals and how they will be treated. It sets out clearly that members of the first instance body, who will make decisions on asylum and humanitarian protection claims, shall make such decisions

“impartially, solely on the basis of evidence before them and by reference to the provisions and principles of the Refugee Convention and humanitarian protection law”.

In preparation for the potential relocation of individuals, officials in the United Kingdom have worked together with Rwandan officials to develop and commence operational training for Rwandan asylum decision-makers. Most recently, Home Office technical experts, in collaboration with the Institute of Legal Practice and Development, delivered a training course aimed at asylum decision-makers in Rwanda.

Lord Stewart of Dirleton (Con)

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I do not think the noble Lord will be especially surprised to hear that I do not have those facts to hand, but I will undertake on behalf of the relevant department to communicate with him in writing on that topic.

The course focused on applying refugee law in asylum interviews and decision making—

Lord Stewart of Dirleton (Con)

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My Lords, as I said when I was responding to a point from the noble and learned Lord, Lord Falconer of Thoroton, the presence of British officials and foreign judges in Rwanda, looking at these matters and collaborating to resolve them, will clearly inculcate an atmosphere and a spirit of proper observance.

Lord Stewart of Dirleton (Con)

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My Lords, it is a matter of working towards having the safeguards in place. We have received assurances from the Government of Rwanda that the implementation of all measures in the treaty will be expedited. The point is that we are working with them to accomplish that end. We have already developed and commenced operational training—

Lord Stewart of Dirleton (Con)

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It must do.

Lord Stewart of Dirleton (Con)

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Just before the noble Lord sits down—

Lord Stewart of Dirleton (Con)

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Just before the noble Lord stands up or resumes his position, I have specific information on the point he raised earlier on information available electronically. I am told that the page on the GOV.UK site to which he was referring was in fact withdrawn on 11 September 2023 and has been superseded by one dated 11 January 2024.

Lord Stewart of Dirleton (Con)

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I think a discussion on this point would be taking up too much of the Committee’s time.

Lord Stewart of Dirleton (Con)

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My Lords, taking the contribution of the noble Lord, Lord Purvis of Tweed, together with that of the noble and learned Lord, Lord Hope of Craighead, I think that brings us to considering where we are with the decision of the Supreme Court, and how that sits with what we, as a Government, are inviting the House to do at this stage.

The point is—and it is one which has been anticipated by noble Lords contributing on this and the previous group—that the factual basis on which the Supreme Court reached its decision has changed. The factual basis on which the Supreme Court reached its decision was frozen in time, as it were, by the court of first instance. Since then, considerable development has taken place. The facts have changed; we are entitled to move forward. I also do not consider that that there is anything—

Lord Stewart of Dirleton (Con)

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My Lords, we disagree with the views of the UNHCR on that point. As noble Lords were reminded at an earlier stage, the UNHCR is not the sovereign Parliament of this country.

Lord Stewart of Dirleton (Con)

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I do not think that that is the case. I think that by saying that Rwanda is continuing to work on a process is to say that it is working on making things safer—not that they are not safe already.

Lord Stewart of Dirleton (Con)

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More than a few weeks ago, I think, but what we have is an internationally binding treaty between two sovereign states. That—if the noble and learned Lord will bear with me—is of the utmost significance in considering such matters.

Lord Stewart of Dirleton (Con)

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It is not a matter of being ready in an instant. The work is being undertaken. The point is that we have a specific treaty commitment not to refoul. As the noble and learned Lord knows, but just to remind the Committee, that is not to send people from Rwanda anywhere other than back to the United Kingdom; and, specifically, not to send them to places where they might be subject to torture or mistreatment; and, further, not to send them back to the countries from which they emerged if those countries are deemed dangerous.

Lord Stewart of Dirleton (Con)

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My Lords, the Government enter into diplomatic arrangements such as treaties with other countries on behalf of the Government, the people and the country of the United Kingdom. Decisions on how to approach handling immigration or asylum claims elsewhere are surely matters for other countries. We would not trespass upon their independence and privileges in order to negotiate on behalf of them with a separate sovereign country.

Lord Stewart of Dirleton (Con)

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I think the noble Baroness has my answer, but the point is this: we do not impose or seek to impose upon anyone; nor, when the noble Baroness talks about buying privileged status, would I go along with that. What I am talking about and what the Government are seeking to enact in this measure is a commitment with a forward-looking, democratic country which is signatory to the same treaties and international obligations as we are.

Lord Stewart of Dirleton (Con)

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As I say, this is now a matter of a treaty commitment by that country. We surely accept the possibility that countries have changed. We know the trauma Rwanda has gone through in the comparatively recent past, and we support and acknowledge the work it is attempting to do as a forward-looking African country, looking to provide solutions as opposed to exporting problems.

Lord Stewart of Dirleton (Con)

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I am grateful to my noble friend. The matter is entirely patent on the Supreme Court’s decision. It is about refoulement. We now have a treaty commitment preventing that happening.

Lord Stewart of Dirleton (Con)

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I do not have information specific to the questions the noble Lord raises.

Lord Stewart of Dirleton (Con)

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I think the noble Lord overstates the matter. Advice and assistance are being provided to assist a country to shape its laws and culture in a way which is consistent with ours. The work Rwanda has undertaken is substantial. Work has been done in response to the decision of the Supreme Court, albeit, as my noble friend Lord Howard of Lympne pointed out, that that decision ultimately related to refoulement, which is expressly covered in the treaty.

Lord Stewart of Dirleton (Con)

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People cannot be refouled to a different country under this treaty. They can be sent back to the United Kingdom; that is as far as it goes.

Lord Stewart of Dirleton (Con)

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Well, my Lords, the treaty is governed by our laws, by the Government of Rwanda and by international law. For a former diplomat, the noble Lord seems to have very little confidence in the ability of treaties to regulate the conduct of Governments between one another.

Lord Stewart of Dirleton (Con)

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I can answer the first part of the noble Lord’s question in the affirmative. On the second part, I cannot give a date.

Lord Stewart of Dirleton (Con)

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Another noble Lord is perhaps too ready to disparage the activities and views of the Rwandan Government. As to the first point, paragraph 54 of the Constitution Committee’s report, which was published recently and quoted by the noble Lord, Lord German, towards the beginning of this debate, says:

“It is the case that United Kingdom Parliament is sovereign, and therefore may enact legislation which breaches international law. It is also true that the validity of an Act of Parliament, in domestic law, is not affected by international law. Nevertheless, the United Kingdom is still subject to the provisions of international law”.


I do not disagree with anything that the Constitution Committee says in that document. The United Kingdom and this Government take their international commitments extremely seriously, but this measure, this treaty and this Bill are drawn up in response to a considerable problem. People are dying, and a huge amount of money is being spent by the United Kingdom in accommodating people, many of whom have no business being here in the first place. This Bill is an attempt to drive the matter forward.

As the noble Lord, Lord Coaker, said when winding up for the Opposition Front Bench at Second Reading, a number of things are being done already. He endorsed them on behalf of his party. He spoke about the directions against criminal groups to try to break their business model. He spoke about the enhanced levels of co-operation with our partners on the continent of Europe. Patently, however, while this is a complex and multilayered problem, these things are not working of themselves and the Government have taken a view that we must take further measures to try to stop the boats.

Lord Stewart of Dirleton (Con)

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The noble Lord is aware that, as I explained a moment ago, the provisions of the treaty will send people to the United Kingdom only. They will not and cannot be refouled under the treaty and the arrangements we have with Rwanda.

Lord Stewart of Dirleton (Con)

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My Lords, it is entirely prudent and appropriate to anticipate contingencies in the terms of a document such as a treaty.

Lord Stewart of Dirleton (Con)

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My Lords, I have adverted at some length already to the Monitoring Committee that is in place and to the work currently under way by judicial and bureaucratic civil servant staff assisting the Rwandans in working through these matters.

Lord Stewart of Dirleton (Con)

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My Lords, the intention of the Bill is to provide that Rwanda is a safe country. As I have explained to the noble and learned Lord, Lord Falconer of Thoroton, in discussing Article 22 of the treaty, in the event of some disturbance to that situation the matter will be approached on a Government-to-Government basis by the convening of the relevant committee within 14 days.

Returning to a text which was prepared earlier for me, I ask the Committee to bear in mind that Article 10 of the treaty sets out particular assurances for the treatment of relocated individuals in Rwanda, including abiding by the refugee convention in relation to those seeking asylum. Furthermore, pursuant to Article 3 of the treaty, the parties agree that the obligations therein shall be met in respect of all relocated individuals, regardless of their nationality and without discrimination. Under this commitment, Rwanda will treat all groups of people fairly. Furthermore, Article 10(3) in the treaty sets out clearly that the only place to which Rwanda can remove individuals—we have covered this ad longam—is the United Kingdom, which ensures that there is no risk of refoulement.

For noble Lords who remain concerned as to whether the Rwandan Government will abide by the treaty, the independent monitoring committee will be in place to ensure that obligations in the treaty are adhered to. For an initial period of at least three months, there will be enhanced monitoring; that shall take place daily to ensure rapid identification of, and response to, any shortcomings. I refer the Committee in that regard to Article 15(7) of the treaty. This enhanced phase will ensure that monitoring and reporting take place in real time. Individuals who are relocated to Rwanda will be able to raise any issues of concern, should they arise, with the committee. It should also be remembered, as I have said on a number of occasions, that this is a legally binding treaty that will become part of Rwandan domestic law.

Taking all of this into consideration, I submit that these amendments are unnecessary. Further, they undermine the objective of the Bill, unnecessarily delaying, potentially, the relocation of individuals to Rwanda. I therefore ask the noble Lord to withdraw his amendment.

Lord Stewart of Dirleton (Con)

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I respectfully agree with the noble Baroness that it is important to look at such matters with caution. In relation to the figures which she cites, the statistics concerning domestic violence would be primarily, one presumes, a matter for Rwandan society itself.

Lord Stewart of Dirleton (Con)

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I am very aware of the noble Baroness’s campaigning work on the topic, and she will be aware that the bulk of violence visited upon women criminally is within the domestic setting.

Lord Stewart of Dirleton (Con)

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With respect to the important point which the noble Baroness tables, I have a feeling that this matter is dealt with in a later group. I do not have the figures to hand at the moment. If we do not touch upon that in a later group, with which I may not be concerned—I have not had a look at that, as a result of the division of labour on these Benches—then on the point which the noble Baroness makes, which reflects the original question, I will make sure that those figures are either brought out in the scope of the debate or are the subject of correspondence.

Lord Stewart of Dirleton (Con)

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I am happy to take up the noble Lord’s suggestion. We will correspond with him and other noble Lords who have participated in this debate.

I touched on the role of the independent monitoring committee. We have heard about the presence of persons from outwith Rwanda offering their expertise and skills, bolstering the system that will rule in these situations.

The noble Baroness, Lady Bennett of Manor Castle, made a point in relation to the situation in Rwanda. Of course, the Committee ought to be reminded that it is not the intention of the Government that this be a means of sending people to Rwanda; our intention is that people who want to come to Britain will be deterred from following illegal routes travelling to Britain. We intend to use Rwanda as a deterrent for those people. Rwanda itself is safe. The point is that the people who want to travel to Britain will be deterred from travelling if they know that they will be taken instead to Rwanda. This is expressed in a legally binding treaty, which will become part of Rwandan domestic law.

Taking all of what has been said, including the extensive extemporary interventions from Members on all sides, I submit to the Committee that these amendments are unnecessary. They undermine the Bill’s objective. They unnecessarily delay matters in relation to the relocation of individuals and the deterrent effect of which I spoke. I therefore invite the noble Lord to withdraw his amendment.

Lord Sharpe of Epsom (Con)

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My Lords, I thank all noble Lords for speaking in this group, and in particular the noble and learned Lord, Lord Hope, for his introduction.

The UK and Rwanda entered into the migration and economic development partnership with a commitment to develop new ways of managing flows of irregular migration by promoting durable solutions, and so breaking the existing incentives that make people embark on dangerous journeys to the UK. The UK and the Government of Rwanda have a shared vision regarding the necessity for the global community to enhance international protection for asylum seekers and refugees, underlining the importance of effective and operational systems that provide protection to those most in need.

This partnership is part of a suite of measures to tackle illegal migration and builds on wider collaboration with Rwanda on many shared issues. As I have set out previously, we have assurances from the Government of Rwanda that the implementation of all measures within the treaty will be expedited. The treaty itself will follow the usual process with regards to scrutiny and ratification. I say to the right reverend Prelate the Bishop of Norwich that I am afraid I cannot improve on that, and I will continue to defer to the Home Secretary.

I would like to provide reassurance to noble Lords that the treaty enhances the role of the previously established independent monitoring committee, which will ensure that obligations under the treaty are adhered to in practice and will be able to take steps to address any concerns at an early stage. Therefore, the Government argue that the amendments in the name of the noble and learned Lord, Lord Hope of Craighead, are not necessary, although I of course take his points about words. As the noble and learned Lord said, the Bill reflects the strength of the Government of Rwanda’s protections and commitments given in the treaty to people relocated to Rwanda in accordance with the treaty. It addresses the point made by the Supreme Court that Rwanda’s systems could be strengthened, on the basis of the facts before the Supreme Court at the time.

Amendment 14 in particular would impose a requirement for the joint committee for the migration and economic development partnership to provide a declaration to the Secretary of State confirming that the mechanisms specified in Article 2 of the treaty have been implemented. Without such a declaration, the effect of the amendment would be that the treaty could not be regarded as fully implemented. This is unnecessary. We have assurances from the Government of Rwanda that the implementation of all measures within the treaty will be expedited.

I turn to Amendments 15, 16, 77, 83 and 88 in the name of the noble Lord, Lord Anderson of Ipswich, and Amendments 64 and 65 in the name of the noble Lord, Lord Coaker. The monitoring committee is independent of both the UK and Rwandan Governments. It was established under the memorandum of understanding that originally underpinned the partnership. The treaty enhances the monitoring committee’s role. Article 15 of the treaty provides that the UK and Rwanda must establish and maintain a monitoring committee for the duration of the term of the agreement. This means that both parties are obliged to ensure that the monitoring committee continues in operation for the life of the agreement, and this obligation is binding in international law.

The Government have already established robust reporting mechanisms. The monitoring committee’s terms of reference and enhanced monitoring plan are available publicly on GOV.UK. They set out that, during the period of enhanced monitoring, the monitoring committee will report to the joint committee, which is made up of both UK and Rwandan officials—as set out in Article 15(4)(b)—in accordance with an agreed action plan, which will include weekly and bi-weekly reporting as required.

It would be helpful to go into more detail on this. The treaty includes enhanced provisions to provide real-time independent scrutiny of Rwanda’s asylum procedures, aimed at preventing the risk of mistreatment contrary to Article 3 of the ECHR before it has the chance to occur. This addresses the findings in the Supreme Court proceedings that under the previous arrangements, as set out in the memorandum of understanding, the work of the monitoring committee would necessarily be retrospective.

In addition, the new provision of the monitoring committee’s own complaints system will allow relocated individuals and their legal adviser to make direct and confidential complaints regarding any alleged failure to comply with the obligations in the agreement. That enhanced phase will ensure that monitoring and reporting take place in real time, so that the monitoring committee can rapidly identify, address and respond to any shortcomings or failures to comply with the obligations in the agreement, identify areas for improvement, or urgently escalate issues prior to any shortcomings or breaches placing a relocated individual at risk of real harm. That will include reporting to the joint committee co-chairs within 24 hours in emergency or urgent situations.

As per Article 15(4)(c) of the treaty, the monitoring committee will make any recommendations to the joint committee that it sees fit. The monitoring committee will otherwise produce a formal written report for the joint committee on a quarterly basis over the first two years of the partnership, setting out its findings and making any recommendations. Following notification to the joint committee, the monitoring committee may publish reports on its findings as it sees fit. At least once a year, it will produce a summary report for publication. We consequently consider these arrangements, which have been carefully agreed with the Government of Rwanda and will be binding in international law, to be sufficient to ensure continued compliance with all the terms of the treaty.

Finally, I am grateful to the noble Lord, Lord Blunkett, for his Amendments 8 and 72. Clause 1 sets out the obligations to which the Government of Rwanda have committed under the new treaty. The proposal in these amendments does not reflect the arrangements under the treaty. Requiring persons whose claims are successful in Rwanda to be returned to the UK would be against the spirit and intention of the treaty and the partnership. Those relocated to Rwanda are not intended to be returned to the UK, except in very limited circumstances.

It is the Government of Rwanda who will grant refugee status to those relocated to Rwanda through the treaty, which will underpin the migration and economic development partnership, not the UK Government. The grant of refugee status in Rwanda does not confer on that person any rights in the UK, as would be the case for any other person granted refugee status in Rwanda who had not been relocated from the UK. Anyone who wishes to come to the UK in future would have to apply through legal routes—through a work or family route. However, there would be no guarantee that they would be accepted.

As my noble friend Lord Murray of Blidworth noted, relocating asylum seekers to a safe third country to process their claim is compliant with the UK’s obligations under the refugee convention, as confirmed by the High Court and the Court of Appeal. The Supreme Court did not disturb that finding.

Lord Sharpe of Epsom (Con)

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Under the terms of the Bill, a person will be relocated if they have made a protection claim—that is, an asylum claim—in the UK. But, to be clear, we can also remove those who do not. On the other point, we have heard a very lively debate on other examples from around the world; I am afraid that I am not an expert on those examples, so I am not able to opine further.

Lord Sharpe of Epsom (Con)

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I am afraid that I will not at this precise moment, but I again defer to the Home Secretary, who made his views very clear on operationalising the Bill.

As my noble and learned friend Lord Stewart of Dirleton set out earlier in the debate, Rwanda has a strong record of welcoming asylum seekers and looking after refugees, and it has also been internationally recognised for its general safety and stability. Those relocated to Rwanda will be given safety and extensive support, as detailed in the treaty. I am grateful to the officials in the Government of Rwanda for all their efforts, particularly for the provisions for real-time and comprehensive monitoring of the end-to-end relocation and asylum process for individuals relocated under the partnership. I hope that I have at least been able to go some way to responding to the amendments from the noble and learned Lord, Lord Hope, and that, on that basis, he is content not to press them.

Lord Stewart of Dirleton (Con)

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My Lords, I am grateful to all noble Lords who have participated in this debate, which has been a far-ranging one given the nature of the amendments. Clause 1(4)(a) and (b) states that it is recognised

“that the Parliament of the United Kingdom is sovereign”

and that

“the validity of an Act is unaffected by international law”.

That is a statement in conventional terms of constitutional reality. My noble friend Lord Murray of Blidworth expressed it with his characteristic clarity and concision. We have heard nothing in this debate—not from my noble friend Lord Hailsham, not from the noble Baroness, Lady Chakrabarti, not from the noble Lord, Lord German, on the Liberal Democrat Benches—to disturb that reality.

I will take matters out of the order in which they were presented, to deal with them conveniently. The noble Lord, Lord Coaker, replying a moment ago from the Opposition Front Bench, asked for a word about the status of the instruments enumerated in Clause 1(6). Following on from what I said, it is not the case that the Bill jettisons those commitments. It says—as my noble friend Lord Murray of Blidworth said—that this provision exemplifies what is meant by international law. When it lists these provisions, it does so for the purpose of stating what is, again, the constitutional reality—that the validity of an Act is unaffected by international law. That includes those provisions. That is and always has been the case. I appreciate that not all Members of the Committee think that it should be the case. We have heard cogent submissions from Members of the Committee to that effect. However, the point is that it is the case until such time as Parliament decides otherwise.

Lord Stewart of Dirleton (Con)

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There are a number of points that I could address there. As for the matter of me as a Minister showing ankle—the noble Baroness of course speaks metaphorically—I found it as difficult to comprehend as I found the references to a “Braverman wing” of the Conservative Party.

I go back to the submission of the noble Baroness earlier on. International law, as she is well aware, operates on the international plane, not on the domestic plane. There could be no greater restraint on state action than a treaty, and that is what the Government propose to deliver. She gave a submission earlier about the implications for Ministers and indeed for civil servants. To reassure her, I say that this does not bear on the actions of civil servants fulfilling their duties to assist the Government.

The noble Lord, Lord Hannay of Chiswick, referred to Section 19(1)(b) of the Human Rights Act. He was, I think, disparaging about the use of that provision, as opposed to Section 19(1)(a), which more familiarly is a statement given by the promoter of a Bill that, in his or her view, it is lawful. Of course, there is nothing unusual about the use of Section 19(1)(b) in these circumstances; it is entirely appropriate, which is why it appears in the Bill. It was used, for example, by the last Labour Government in, I think, the Communications Act 2003—I might be corrected on that, but it has been used by Labour when in government in those circumstances.

Lord Stewart of Dirleton (Con)

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The noble and learned Lord will not be surprised to hear that I do not have the figure to hand, but I imagine it is readily available from Westlaw.

The noble Lord, Lord Hannay, said, “Answer yes or no, does our word continue to be our bond?”, or words to that effect. It continues to be our bond within the circumstances of the incontrovertible constitutional position set out in Clause 1(4)(b). The United Kingdom and this Government take their obligations—

Lord Stewart of Dirleton (Con)

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That would be a treaty commitment of the sort that is the strongest bond that two countries can enter into, as we have been reminding the Committee. The conventional statement of constitutional reality—as I described it and as my noble friend Lord Jackson of Peterborough described it in his submission, citing AV Dicey—was little more than a reassertion of the position that applies in law and that always has.

The Bill, as currently worded, enables Parliament to come to the same conclusion and provides a statutory finding that decision-makers, including courts or tribunals, will conclusively treat Rwanda as a safe country. Amendments 9 and 13, in the name of my noble friend Lord Hailsham, seek to remove the provision that recognises the sovereignty of Parliament and the provision that confirms that the validity of an Act is unaffected by a domestic court’s or a tribunal’s view that there is a conflict with international law. That is at the core of the Bill, and many of its other provisions are designed to ensure that Parliament’s conclusion on the safety of Rwanda is accepted by the domestic court. The treaty, alongside the evidence of changes in Rwanda since summer 2022, to which we referred, will enable Parliament to conclude that Rwanda is safe, and the new Bill provides Parliament with the opportunity so to do.

I note that Amendment 10 in the name of the noble Lord, Lord German, is a probing amendment that makes it clear that the primary responsibility of the courts is to uphold the constitution of the United Kingdom, including the constitution’s fundamental commitment to the rule of law. That amendment again sets out the status quo. But the rule of law, as a concept, is difficult to tie down in a series of short statements, and I fear that the noble Lord’s amendment would be productive of debate in the abstract, producing perhaps more heat than light.

I again assure the Committee that the United Kingdom continues to be bound by and respects its legal and international obligations. The Bill is predicated on both Rwanda’s and the United Kingdom’s compliance with international law in the form of the treaty, which itself reflects the international legal obligations of the United Kingdom and Rwanda. It does not legislate away our international obligations. The purpose of the Bill is to say that, on the basis of the treaty and the evidence before it, Parliament believes those obligations to have been met—not that we do not care whether they have been. I repeat that the Government take their international obligations, including those under the ECHR, very seriously. There is nothing in the Bill that requires the United Kingdom to breach its international obligations.

As noble Lords will know, states take different approaches to their different international law obligations. Some states treat international law as automatically forming part of their domestic law, but the United Kingdom and other countries with a similar background, including many Commonwealth countries, with which we share so much, have a dualist system in which a treaty ratified by the Government does not alter the laws of the state unless and until it is incorporated into national law by domestic legislation.

On Amendment 32, tabled by my noble friend Lady Lawlor, this legislation provides that a court may grant interim relief, which prevents removal to Rwanda, only where it is satisfied that there is a real, imminent and foreseeable risk of serious and irreversible harm. As my noble friend put it in her submission, the Bill needs tightening. We do not accept the amendment proposed by her and my noble friend Lord Jackson of Peterborough. None the less, I invite the Committee to consider that in the course of the discussion and the interventions which were made on my noble friends, matters of interest and importance emerged.

We do hold that law has to command public support and that it should emerge from public consideration, whether through our common law, which does no more than evolve to meet certain essential propositions that bargains should be sustained and that harm should be punished and compensated for, or whether it emerges from a representative Parliament. None the less, the law dare not risk moving too far from the confidence of the public. The risk to the maintenance of institutions and public peace of judicial activism and overreach moving too far away from what the public is prepared to appreciate is, I think, the point that my noble friends took.

My noble friend Lady Meyer added to the discussion by stating that while the Bill was, in her words, not perfect—that has been something of a leitmotif running through the submissions which we have heard today, and indeed at Second Reading—it is none the less not holding itself out as a silver bullet. It is not perfect because—to quote my noble friend Lord Hannan of Kingsclere—in a dull and sublunary world, very few things are capable of perfection. However, as my noble friend Lady Meyer pointed out, it is rather a pragmatic response to an urgent crisis. I commend my noble friends for their thoughtful analysis of the problems facing other countries grappling with the impact of mass migration, and the risks to their own domestic systems which have been identified as flowing therefrom.

I have said to the Committee and will say again that, as I think we heard earlier from my noble friend Lord Sharpe of Epsom, other countries are watching keenly the experience of this country in moving legislation of this sort. It is clear that this is a huge problem. I readily accept everything that the noble Lord, Lord Coaker, said from the Opposition Front Bench as the last submission to this group about the need to work with our partners abroad to devote resources to smashing the pernicious grip of criminal gangs on people’s lives. However, as I said at Second Reading, we are doing all of that now and there is no simple answer to the problem, and that is why the Bill is being advanced.

I will revert to Amendment 32. As I said, the legislation provides that a court may grant interim relief preventing removal to Rwanda only where it is satisfied that there is a real, imminent and foreseeable risk of serious and irreversible harm. That is the same threshold which can lead to a temporary suspension of the duty to remove under the Illegal Migration Act. These measures are necessary to ensure compatibility with the European Convention on Human Rights and to ensure that the grounds by which people can challenge removal are appropriately narrow. This amendment also undermines the safeguards that we see as necessary to ensure that the Bill and the Illegal Migration Act are compatible with the United Kingdom’s international obligations. The Illegal Migration Act and the Bill include provision for a person subject to removal to a safe third country to make a limited class of suspensive claim on the grounds that they would face a real risk of serious and irreversible harm were they to be removed.

The threshold for serious and irreversible harm is a high one. The harm in question must be both imminent and permanent. This reflects the test applied by the European Court of Human Rights when considering whether to indicate an interim measure under Rule 39, meaning that the United Kingdom courts will have to consider these questions before they are progressed to Strasbourg, further undermining the case for Strasbourg to intervene.

I turn to Amendment 80 tabled by noble Lord, Lord Dodds of Duncairn. The Northern Ireland position was also adverted to in the debate on group 1 by the noble Baroness, Lady Ritchie of Downpatrick. She is not in her place, but I apply my remarks across the House. The Bill will apply in full in Northern Ireland, as it will across the whole United Kingdom. Nothing in the Windsor Framework or the Belfast/Good Friday agreement changes that. I seek to provide reassurance to the Committee in relation to the constitutionally vital point raised by the noble Lord, Lord Dodds of Duncairn.

The Government’s position is clear that the Bill’s provisions relate to administrative matters of asylum procedure and as such do not engage Article 2. This is because the Bill does not relate to the United Kingdom’s departure from the European Union, rights given effect in domestic law in Northern Ireland and underpinned by EU law before the end of the transition period, or the specific rights contained in the Belfast/Good Friday agreement which concern Northern Ireland’s particular circumstances. Any suggestion that the relevant chapter of the Belfast/Good Friday agreement should impinge on the Bill implies that the rights in the agreement are far more expansive than is the case. The Government will continue to defend the application of the Bill on a United Kingdom-wide basis.

I offer further reassurance to the noble Lord, Lord Dodds, and his colleagues on those Benches, with the letter written by my learned colleague in the other place the Minister for Immigration, Michael Tomlinson KC, to Sir Jeffrey Donaldson of the DUP dated 19 January 2024. He said that as he set out in debate and at Second Reading on 12 December, the Bill applies across the entire United Kingdom, and

“neither the Withdrawal Agreement nor the Windsor Framework do anything to cut across that position. I do recognise, however, the concerns raised by your colleagues in Parliament as to whether the Bill may have specific interactions in that regard”.

Nothing in the Bill affects the required incorporation into domestic law of the ECHR, as required in the agreement, or the ability of domestic courts to consider issues of compatibility. Nor does the Bill alter the capacity of the domestic courts to overrule incompatible legislation of the Northern Ireland Assembly with convention rights. The noble Lord referred the Committee’s attention to the Charter of Fundamental Rights. The Government have underlined consistently that the Charter of Fundamental Rights does not form part of domestic law anywhere in the UK, including Northern Ireland.