House of Commons
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Deputy Speaker’s Statement
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Madam Deputy Speaker (Dame Eleanor Laing)
Order. I regret to inform the House that there is a technical fault in the audio system. There is not a technical fault here in the Chamber—there is one in my own voice, but that is something to be remedied in another way—but there is a technical fault which means that our proceedings cannot be broadcast. Apparently it is inappropriate for us to proceed without our proceedings being broadcast, so with great reluctance I am required to suspend the House in the hope that this fault will very soon be rectified. I am going to suspend the House for only 10 minutes, in the hope that the work can be done to enable us to be broadcast to those who are listening and paying attention. The House is therefore suspended for 10 minutes.
Sitting suspended.
Madam Deputy Speaker
In the hope that we are now broadcasting, we will commence. If the audio feed is not working properly —please do not let anyone judge by my voice whether it is or not—people observing from around the Palace of Westminster are more than welcome to come to sit in the Gallery and Members wishing to observe proceedings from their offices may come to observe from the Chamber.
Oral Answers to Questions
(10 months, 1 week ago)
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Martin Docherty-Hughes (West Dunbartonshire) (SNP)
Douglas Chapman (Dunfermline and West Fife) (SNP)
The Minister for Energy Security and Net Zero (Graham Stuart)
The Secretary of State is unwell and sends her apologies both to you, Madam Deputy Speaker, and to the House.
Ministers in the Department regularly meet Ofgem to discuss a range of issues. The Secretary of State met suppliers, alongside Ofgem, in November to discuss consumer energy debt and the protection of vulnerable customers. I know that many families are struggling with their energy bills this winter, which is why we are providing cost of living support worth £104 billion between 2022 and 2025.
Martin Docherty-Hughes
I am grateful for that answer. Just a few days ago, the Office for National Statistics showed that the number of households who had been unable to pay their energy bills has increased by nearly 40%. Does the Minister, on behalf of the Secretary of State, who I hope gets better soon, accept that the UK Government’s failure to listen to stakeholders such as Citizens Advice, which is calling for the £400 energy bill discount to be reinstated, has led to soaring energy debt among those who can least afford it, such as my constituents?
Graham Stuart
I thank the hon. Gentleman for his question; he is right to highlight the issue of debt and families who are struggling. This is why we are providing £104 billion—or, on average, £3,700 per household—between 2022 and 2025, which is one of the most generous packages in Europe. In the autumn statement, we increased the national living wage, which is worth £1,800 to a full-time worker, and increased benefits by 6.7%—that is worth £470. Just last week, we also delivered a tax cut for 27 million people, which is worth £450 for the average worker. So we are taking steps, but we recognise the reality for many people that he set out.
Douglas Chapman
In my country, energy debt is rising, as Scottish consumers pay a premium on their energy bill—it is a high price to pay to keep the lights on in England. In the light of that imbalance, has the Minister discussed abolishing the not-fit-for-purpose Ofgem? If not, should his Government not give full responsibility for energy pricing in Scotland to the Scottish Parliament?
Graham Stuart
We have moved decisively to support families in Scotland and across the rest of the UK. I am pleased that the price cap has fallen by half since its peak last year, and we are making sure that our support is targeted at the most vulnerable. I have already laid out many of the measures we are taking precisely to ensure that people in Scotland and elsewhere are supported in what has been a tough time. Overall, we are, of course, looking to power up Britain. We have set out a plan to do that, precisely in order to have more of our power coming from Britain and to remove our dependence on foreign fossil fuels. I hope that the hon. Gentleman and his party will support us in our efforts to deliver that.
Madam Deputy Speaker (Dame Eleanor Laing)
I call the Scottish National party spokesman.
Dave Doogan (Angus) (SNP)
The situation for bill payers this winter is even worse than it was last winter, which is why the SNP has called for the reinstatement of the £400 energy support scheme. However, the Government have stubbornly refused to sufficiently stand by householders, who are freezing all over these islands, despite reports of increased hospitalisations and the doubling of burns from hot water bottles in Scotland. How will the Tories extend just a fraction of the interest they have shown in exploiting Scotland’s natural energy resources to the people of Scotland, who are freezing yet again this winter?
Graham Stuart
As I set out in response to the hon. Gentleman’s colleagues, we have acted decisively, offering among the most generous support of any nation in Europe. We can be proud of the efforts we have made and I am pleased to see that the energy price cap is down so significantly.
Kevin Foster (Torbay) (Con)
Bob Blackman (Harrow East) (Con)
Giles Watling (Clacton) (Con)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Andrew Bowie)
Last week, I announced the biggest expansion of nuclear power for 70 years. We will deploy a fleet of small modular reactors and build up to 24 GW of nuclear by 2050. This will ensure we have reliable, cheap and low-carbon power to protect consumers from price volatility and hostile foreign regimes, bolstering our energy security.
Kevin Foster
A new civil nuclear road map is a welcome step in growing our nuclear sector, potentially creating jobs across the United Kingdom, from the north of Scotland to the south-west peninsula, and including sites like Wylfa. What assessment has he made of the economic impact of the potential growth of the nuclear sector for the south-west region, particularly given the nuclear expertise at sites such as Devonport and Hinkley Point?
Andrew Bowie
My hon. Friend is absolutely right that the nuclear sector supports jobs across the United Kingdom, and it would be very welcome if Governments across this United Kingdom were to come together and champion that industry as it grows over the next few decades. The nuclear sector is vital to the economy of south-west England, as my hon. Friend knows, providing up to 11,000 jobs in construction alone at Hinkley Point C, and will go on generating highly skilled jobs for generations as we continue to build up this important part of our energy security.
Bob Blackman
I thank my hon. Friend for his answer and the announcement of the nuclear road map. Small modular nuclear reactors can bring energy to our towns and cities across the country very quickly. They are under development right now, so when can we see the first one installed and providing power to the grid?
Andrew Bowie
My hon. Friend will be pleased to know we are bringing forward small modular reactors and that the next phase of the live SMR competition will launch within weeks. Our aim is for the competition to be the fastest of its kind in the world, to help facilitate final investment decisions for the project being taken in the next Parliament and operational projects being here in the UK by the 2030s. The launch will mark a significant step forward for eligible companies and for the UK’s broader nuclear ambitions.
Giles Watling
We have given away over the decades the massive advantage this country had with the Calder Hall development in 1956, so will my hon. Friend reassure me that we will regain that ground by pushing for more rapid development of a sensible nature, as the Finns have with their hole in the ground for storing nuclear waste? Will he inform the House with which nuclear vendors the Department is engaging?
Andrew Bowie
My hon. Friend is right to refer to the proud history we have in this country when it comes to civil nuclear—the developments at Calder Hall led the world—and the deep geological disposal that is happening in Finland right now. The plans in our nuclear road map will quadruple nuclear capacity by 2050. We are making rapid progress on Sizewell C and the SMR competition. We continue to work closely with countries such as Finland, with which I engage with regularly. It has built and operates large-scale geological disposal facilities, and signed up to the COP pledge to triple nuclear capacity.
Mr Clive Betts (Sheffield South East) (Lab)
I welcome the Government’s commitment to SMRs, which are the way forward for the future of nuclear. Sheffield Forgemasters is ideally placed to produce the essential parts for those reactors and has a memorandum of understanding with both Rolls-Royce and Hitachi. Will the Minister meet the Mayor of South Yorkshire, Sheffield Forgemasters and others in the consortium? The consortium now has access to significant development capital, so we can build the SMRs in South Yorkshire and create the thousands of well-paid jobs we want, as well as green energy.
Andrew Bowie
I would be delighted to meet the Mayor of South Yorkshire. Through the nuclear road map, we are committed not only to ensuring our energy security and achieving a further drive towards our net zero objectives, but to building up the supply chain and creating those high-wage, high-skilled jobs at all levels across the United Kingdom. Of course I would be delighted to meet the Mayor of South Yorkshire and, indeed, anybody else who represents an area that wants to invest in this future and this great exciting moment for nuclear capacity.
Tim Farron (Westmorland and Lonsdale) (LD)
I, too, am in favour of new nuclear; it is an important part of a balanced green energy mix. Does the Minister share my concern that much of the investment in new nuclear in the UK is coming from overseas companies, and even the Governments of overseas countries, especially given that the emphasis is not just on reducing carbon emissions, but on energy security? Would he perhaps consider other forms of renewable energy, such as tidal power, for which the entire supply chain is British and which would be great for our economy as well as for tackling climate change?
Andrew Bowie
I thank the hon. Gentleman for his question. I hold a contrary position. I am proud of the fact that this country is open to inward investment and, indeed, attracts attention from some of the biggest companies in the world to invest in our future energy security and net zero objectives. Of course, in unveiling all these exciting announcements, as we did last week, at the heart of what we are seeking to achieve is to create those high-wage, high-skill jobs as we move forward across the United Kingdom, building up that supply chain, and tidal will be an important part of the mix as well.
Jim Shannon (Strangford) (DUP)
I thank the Minister for that most progressive answer. The progress made in nuclear safety and the need for clean energy clearly indicate that the Government must invest in the security of this sector. That would lower energy costs and help us to meet our green targets, which we all want to meet and should meet. Will the Minister outline what progress has been made to secure this investment?
Andrew Bowie
As the hon. Gentleman knows, just last week we unveiled our civil nuclear road map. I committed to meet him and, indeed, anybody else from Northern Ireland to seek to build up the manufacturing and supply chain workforce in Northern Ireland, so that all parts of our United Kingdom can benefit from the once-in-a-generation investment that we are making right now.
Duncan Baker (North Norfolk) (Con)
The Minister for Energy Security and Net Zero (Graham Stuart)
The environmental impact of onshore windfarm cables is assessed through the consenting process. Minimising potential environmental impacts of new infrastructure is a Government priority. We are committed to ensuring that new electricity network projects mitigate environmental impacts at every opportunity.
Duncan Baker
Although I am a huge supporter of offshore wind, there is no doubt that the trenching through my beautiful countryside is not without its own set of problems. Flooding, agricultural run-off and pollution have all been hugely exacerbated since the summer with what has happened in North Norfolk. What measures do we really have to force wind companies to clean up and repair the countryside after the damage they cause when they trench through it?
Graham Stuart
I thank my hon. Friend for his question and for persistently raising these issues to make sure that we get the transmission infrastructure that we need, but in a way that has the minimum negative impact on his constituents and others. I will follow up his question today by looking specifically at the regime, making sure that the companies concerned not only go through all the correct permissioning ahead of time, but are properly followed up to ensure that they deliver it in a way that does not leave the problems that he has itemised.
Dr Alan Whitehead (Southampton, Test) (Lab)
On 28 November, I asked the Minister how many planning applications for onshore wind had been lodged in England since the alleged loosening of planning restrictions on onshore wind in September. The answer then was zero. Even now that the policy has had more time to bed down, the answer, I am afraid, is still zero, and I predict that it will be zero the next time we meet. In September last year, the Secretary of State said that the changes made in September
“will help speed up the delivery of onshore wind projects”.
Does the Minister think that the Government have succeeded?
Graham Stuart
I thank the hon. Gentleman for his question. As he will be aware, in the last contracts for difference round, a great deal of onshore wind was successfully brought forward and it still constitutes the largest single form of renewable energy in the United Kingdom—the Under-Secretary of State for Energy Security and Net Zero, my hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) will correct me if I have got that wrong. I share with the hon. Gentleman a frustration in making sure that we see that pulled forward, so that we see more projects in England as well as in the rest of the UK.
Dr Whitehead
I am glad the Minister is frustrated about the complete failure of this alleged policy turnaround, but I am frustrated because if we had not had the absurd ban in the first place, the onshore wind development that would have taken place would have saved each family £180 on their energy bills. All Labour is suggesting is that onshore wind is treated like any other development. How long will it be before the Minister accepts the reality and concludes that he needs to go back and properly repeal the ban?
Graham Stuart
I thank the hon. Gentleman for his question and his personal commitment to this area, but he knows as well as anyone the parlous performance of the previous Government, which his right hon. Friend the Member for Doncaster North (Edward Miliband) was a leading figure in. Less than 7% of our electricity came from renewables as recently as 2010. It is this Government that have led the world after a flatlining in carbon emissions from our electricity sector under Labour. We have seen renewables grow and, by October, we will see coal entirely removed from our mix.
Dave Doogan (Angus) (SNP)
New renewable energy generation demands new transmission infrastructure. This Government have been asleep at the wheel for 14 years, showing zero pace, ambition or grip in delivering that energy infrastructure, and that is why bills are so high. Nevertheless, we are where we are. Will the Minister confirm to the House for the record what National Grid has said: that UK Government policy is that when constructing new transmission infrastructure, overhead lines are the starting position?
Graham Stuart
I thank the hon. Gentleman for his question. Of course, we have been moving at pace. We have had the Winser review and the connections plan. In the autumn statement and, indeed, the Prime Minister’s speech in September, there was so much to drive forward and change the transmission infrastructure, including halving the 14-year timeline to seven years. We are working flat out.
It should be noted that the reason overhead lines are preferred is the cost of undergrounding. Not only is it vastly disruptive, as my hon. Friend the Member for North Norfolk (Duncan Baker) said; either undergrounding or offshore is five to ten times more expensive than having overhead infrastructure, and sometimes even more than that. That is why it is the starting presumption. We want to power Britain from Britain and in a low-cost manner, so that when we get to the 2030s and we have decarbonised our electricity system, we have a low-cost electricity system, while ensuring that we install the infrastructure in a way that is friendly and supportive to communities.
Liz Twist (Blaydon) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Amanda Solloway)
The Government remain focused on providing help where people need it most. We are already providing a package of support totalling over £104 billion, or £3,700 per household on average, from 2022 to 2025.
Liz Twist
Last year, the Government promised action to help the most vulnerable with their energy bills. In April 2023, the Secretary of State’s predecessor, the right hon. Member for Welwyn Hatfield (Grant Shapps), said that
“a social tariff could be very helpful”.—[Official Report, 18 April 2023; Vol. 731, c. 111.]
Nearly a year on, we have heard absolutely nothing about a social tariff. Will the Minister explain to the House why the Government have abandoned plans for a social tariff?
Amanda Solloway
As the hon. Member will know, we are continuing our support for vulnerable households, and it is important that we help households as best we can. As an example, we have the £900 cost of living payments and the warm home discount payment. Obviously, we will constantly monitor where we are and will ensure that we continue to support all those vulnerable households.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)
There is indeed a need for a social tariff, whether it is a cost of living crisis or a lack-of-wages crisis, given that the Resolution Foundation reported at the beginning of December that average wages across the UK were £10,700 lower than they should be compared with other comparable countries, following the past 15 years. There probably is a lack-of-wages crisis hitting the UK.
Regardless, the Energy Security and Net Zero Committee said in our “Preparing for the winter” report, in paragraph 24:
“We urge the Government and energy suppliers to consider implementing a form of social tariff and other measures to protect vulnerable households from being cut off from their energy supplies.”
That was a unanimous report across Labour Members, Tory Members and, of course, the pro-Scottish independence voice on the Committee, but will we see some movement on this from the Government? It is important and needed by everybody, and it would be particularly welcome to my constituents in Na h-Eileanan an Iar.
Amanda Solloway
As I have indicated, we are doing a lot of things to help people, including the most vulnerable in society. It is worth pointing out that it was announced recently in the autumn statement that the national living wage will be worth £1,800 for a full-time worker and that benefits will increase by 6.7%, which is worth £470 a year.
Kate Osborne (Jarrow) (Lab)
Beth Winter (Cynon Valley) (Lab)
Ruth Jones (Newport West) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Amanda Solloway)
Fuel poverty is devolved. Statistics for England are published annually by the Department. The next English statistics will be published on 15 February and will include estimates of the number of households in fuel poverty in 2023 and 2024.
Kate Osborne
Just under a third of people in my Jarrow constituency are now living in fuel poverty, like Maureen, who told me she is struggling to find an extra £975 per month due to the disability price tag. That will be made worse by the recent news of the energy price cap rise. Can the Minister explain why the Government still insist on giving subsidies worth billions to the oil and gas industry through loopholes in the windfall tax? Would that money not be better spent cutting people’s bills?
Amanda Solloway
I must point out the work the Government have been doing to help vulnerable people. Not only that, but we have halved energy bills. I have constant meetings with all stakeholders, including Citizens Advice and all the disability groups, and we are ensuring that we are supporting all vulnerable people in the cost of living crisis and as we go through this winter.
Beth Winter
I also have increasing numbers of constituents with significant levels of energy debt coming to my office seeking fuel vouchers. Why are the Government pursuing the Offshore Petroleum Licensing Bill, which the Minister herself has said will not bring down bills, when economic forecasters warn that delays in decarbonising will leave consumers with higher prices? Is it not time the Government dropped the focus on fossil fuels and delivered instead the public investment in renewable energy that will bring down bills and go some way to averting the climate catastrophe?
Amanda Solloway
We are committed not only to helping vulnerable people, but to making sure we are providing the best energy security we can. That is why we are committed to all the policies we have introduced.
Ruth Jones
I listened very carefully to the answer the Minister gave to my hon. Friend the Member for Blaydon (Liz Twist), but I am still none the wiser, so I will ask again: can the Minister set out what recent discussions she has had with the Welsh Government about the social tariff, which the previous Secretary of State described as “very helpful”?
Amanda Solloway
Just to reiterate, I have been having conversations with all stakeholders, and when I say stakeholders, that does not just mean Citizens Advice or Disability Rights UK, but across Government and with different devolved Departments.
Derek Thomas (St Ives) (Con)
I am sure the Minister will agree that energy security and supporting the most vulnerable in fuel poverty go hand in hand. The way to address security is by both securing supply and cutting waste. Can she set out what the Government and her Department are doing to reduce the waste of energy from people’s homes?
Amanda Solloway
I want to acknowledge how hard my hon. Friend works for his constituents. Of course those are the things we are most mindful of: making sure we get energy efficiency not only in production, but in the way we use that energy.
Bill Esterson (Sefton Central) (Lab)
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
The Minister for Energy Security and Net Zero (Graham Stuart)
I meet regularly with business leaders and chair several groups bringing together Government and industry so that we can drive progress towards net zero. That includes the Net Zero Council, which is meeting next week and includes members from right across the economy. Like me, they are delighted that the UK is leading the world in tackling climate change. We are the first major economy to halve its emissions, ahead of every other major economy, and we have one of the most ambitious decarbonisation targets in the world.
Bill Esterson
Contrary to what the Minister has just said, and to what he said about onshore wind, this country has fallen on his party’s watch to seventh in the world for attracting investment in renewables. Well-paid jobs, lower bills and economic growth will all follow, but only if we attract investment, so why are the Government enabling what EY has described as the “diminishing of green policies” and undermining the economic benefits of net zero?
Graham Stuart
I thank the hon. Gentleman for his question, which has a sort of comic element given Labour’s monumental failure to deliver renewables when it was in power, coupled with the fact that it wants to bring forward GB Energy. That, as his left-wing colleague, the hon. Member for Cynon Valley (Beth Winter) just said, would be public investment. It would drive out private investment and destroy the transformation of the UK energy system that has happened under the Conservatives—it had flatlined under Labour. We have led the world and have now decarbonised more than any other major economy on the planet. Under the policies of this Conservative Government, which major world economy is predicted to decarbonise fastest by 2030? This one.
Dame Meg Hillier
If I may puncture the Minister’s rant, I would like to ask him what certainty his Government will give businesses. We need a £23 billion combined investment from the public and private sectors, but because targets have been missed, that figure will need to double or treble every year between now and 2050, according to a Public Accounts Committee report. The Government’s chopping and changing in delivering what they need to do is a big problem in businesses having the confidence to invest. That has happened on his watch, so what is he doing to improve the situation?
Graham Stuart
I thank the hon. Lady for her question and for her work on the Committee in holding the Government to account. Of course, we have realised £198 billion of investment into clean energy since 2010, and we have a plan, which we set out in “Powering Up Britain”. The Labour party has only an intention to borrow £28 billion a year, putting up families’ taxes, putting up bills and destroying the most investable market in Europe that we have had to date. We will have another £100 billion of private investment by 2030, and the Conservatives will carry on our work leading the world in transforming our energy system so that we have lower-cost, home-produced energy while also delivering on net zero—things that signally did not happen under Labour.
Dominic Raab (Esher and Walton) (Con)
UK start-up Newcleo and French start-up NAAREA—Nuclear Abundant Affordable Resourceful Energy for All—have just announced a partnership to promote small modular nuclear reactors. What support are the UK Government providing, and what proportion of our energy mix does the Minister think this kind of initiative can support?
Graham Stuart
My right hon. Friend is right, and it is great to see excitement across the Chamber about developing nuclear. It is just a shame that, when it came to the secondary legislation to enable the business models, Labour Members did not support it—they say one thing in one place and a different thing when it comes to making the laws of the land. I am pleased to say to him that, under the Conservatives, the plan is to bring the jobs, technology and opportunity of small modular reactors to this country, as part the ambition for up to 25% of our electricity to come from nuclear by 2050.
Katherine Fletcher (South Ribble) (Con)
I have been talking with businesses in South Ribble about achieving net zero. Businesses on Leyland business park are exploring geothermal, and we also have the huge advantage of the Howick Cross substation bringing in energy from offshore wind, onshore wind in Scotland, and the north-west and Welsh nuclear fleet. Does my right hon. Friend agree that, in future, businesses will look to site themselves where there is reliable and accessible cheap energy, and that South Ribble is well placed to take advantage of that?
Graham Stuart
My hon. Friend is quite right to highlight the benefits and attractions of South Ribble, and indeed the wider UK economy. It is not just that the areas that have those services will attract business within the United Kingdom: by rewiring and leading the world in delivering a low-cost, low-carbon energy system, we can attract more investment from abroad and have a renaissance, not least in the north of England but also in Wales and Scotland—all around the country. That is a result of the net zero policies that, uniquely, this country is managing to lead the world on following so many years of Labour failure.
Caroline Lucas (Brighton, Pavilion) (Green)
The Minister will know that the Climate Change Committee has a key role in advising the Government on their path to net zero, but he will also know that 18 months on from the resignation of Lord Deben as chair of that committee, the Government still have not announced a replacement, despite 60 applications for the role having been submitted and several people already having been interviewed. Are the Government scared of having their record scrutinised, or are they simply determined to destroy any last shred of the UK’s climate leadership? Will the Minister tell us now when the selection will be announced?
Graham Stuart
Given the hon. Lady’s lifelong passion for this subject, I find it extraordinary that she never, ever recognises the unique achievement of this country in halving emissions. I would have thought she would celebrate that. As the hon. Lady will know, the Climate Change Committee’s chair is not just a matter for the UK Government. The appointment of the chair of that committee has to be agreed by the devolved Administrations as well, and we are moving as quickly as we can.
Graham Stuart
The best thing, as barristers know, is to not ask a question unless you already know the answer, because it might not suit you. We are moving as quickly as we can to make sure that we have a chairman in place. I share the hon. Lady’s belief that it is an important role, and we want to have it filled as quickly as possible.
Simon Fell (Barrow and Furness) (Con)
One of the most effective ways in which we can hit our net zero targets is by delivering an effective carbon capture and storage industry, and I was delighted to see the Government make an announcement just before Christmas about the next round of that. The Morecambe bay net zero project based in my constituency could deliver a gigaton of carbon storage, helping some of our most energy-intensive industries through this transition period. I invite my right hon. Friend to come and visit.
Graham Stuart
I am not the Minister who leads on carbon capture, usage and storage, so I may have just swerved a visit, but of course I am always delighted to talk to my hon. Friend. If I can lean on my colleague in the House of Lords who is responsible for that policy area, I will let him know of my hon. Friend’s kind offer. I share his enthusiasm: by capturing the renewables around the UK and converting them into low-cost electricity, as we are also taking forward hydrogen and using the natural blessing of having so much carbon capture capability, we can deliver this country the jobs, the opportunity and the low-cost energy system for the future. I look forward to my hon. Friend’s continuing support.
Kerry McCarthy (Bristol East) (Lab)
Having shared a constituency border with the former Member for Kingswood for 14 years, I know that he was genuine in wanting what was best for his constituents. He knew that a green transition would protect their jobs at Rolls-Royce and Airbus, help the science park to thrive, and bring opportunities for small and medium-sized enterprises and the self-employed. He knew that home insulation and clean energy would bring warmer homes to Warmley and Woodstock, and lower bills to Bitton. He resigned because he had lost all hope that this Government would deliver on those things. He was right, was he not?
Graham Stuart
Just to spell it out—because we do have to speak very slowly for the Opposition Front-Bench team—we have cut our emissions more than any other major economy, and our plans and the expectation of the UN are that we will continue to lead the world. That is leading the world: not talking about it, not promising to borrow £28 billion and put everyone’s taxes up, and then fluctuating on a daily basis. It is about delivery. We have delivered and will continue to do so.
If we want to see the reality of Labour on energy, we only need to go to Nottingham. There, Labour invested in Robin Hood Energy, which went spectacularly bust—a forerunner of a Labour Government, perhaps, if there ever were to be one. It is typical of Labour to reverse all the principles of Robin Hood: all Labour does is steal from the poor in order to pay for the bailiff.
Matt Rodda (Reading East) (Lab)
Daniel Zeichner (Cambridge) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Andrew Bowie)
Because of our plan, half of homes now meet the Government’s 2035 energy performance certificate band C goal, a significant jump from 14% in 2010. In 2010, low-cost measures were targeted, with 960,000 installations. In 2022, funding shifted to high-cost measures to benefit low-income households and less-efficient homes, resulting in approximately 200,000 installations last year.
Matt Rodda
I fear that the Minister may be referring rather too much to new build homes. The reality is that in 2010 there were 1.8 million insulation measures introduced into cavity walls and lofts, yet in 2022, in comparison, there were only 80,000. That has left my constituents in Reading and Woodley, who mainly live in Victorian and 20th-century homes, struggling with very high bills, so what is the Minister going to do about that?
Andrew Bowie
The hon. Gentleman did not acknowledge that we have moved from 14% to 50% because of the actions of a Conservative Government. To answer his question directly, we are allocating around £20 billion to clean heat and energy efficiency over this Parliament and the next, which will benefit his constituents. That includes our Great British insulation scheme, worth £1 billion, which will deliver insulation measures to around 300,000 of the country’s least energy-efficient homes, saving them £300 to £400 each year by March 2026.
Daniel Zeichner
I echo the observations of my hon. Friend the Member for Reading East (Matt Rodda). I remember in 2008-09, long before I came into this place, working endlessly with Cambridge City Council and energy providers on encouraging people in the city to take up home insulation schemes. Since then, we have seen precisely nothing—nothing has been going on. Labour has a huge ambition for the future; what is the Government’s ambition?
Andrew Bowie
I know mathematics is not a strong point for the Labour party, but I will go over the figures again: 14% to 50% over the course of the last three Parliaments, delivered by the actions of this Conservative Government. We have a plan to continue to deliver for the least well-off in those homes that need more energy efficiency measures. As I just said to the hon. Member’s colleague, we are allocating £20 billion to clean heat mechanisms over this and the next Parliament, and we are going to continue to deliver for the British people.
Mr Philip Hollobone (Kettering) (Con)
Thousands of new homes are being built across the Kettering constituency. What is my hon. Friend doing, together with the Department for Levelling Up, Housing and Communities, to decarbonise the future housing stock and improve energy efficiency in new build housing?
Andrew Bowie
We recently announced further details of the £6 billion extension that will be allocated from 2025 to 2028. This will support an extra 500,000 homes—prioritising those who need it most, but including new build—and is on top of support for 700,000 families to install improvements through the Great British insulation scheme and the energy company obligation by March 2026.
Imran Hussain (Bradford East) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Amanda Solloway)
I have met Ofgem and suppliers to reiterate my expectations that the new rules will be followed. Ofgem has announced that if a supplier wrongfully installs a prepayment meter, it will be expected to compensate its customers appropriately.
Imran Hussain
Forcing the installation of prepayment meters in the homes of some of our poorest and most vulnerable constituents is, frankly, a scandal. Although the Government rightly paused forced installations last year, some energy companies have been allowed to resume this outrageous practice under a new rules regime, which the Minister referred to, that still faces many questions. Does the Minister think that in the middle of winter—in a week when we have seen temperatures drop dramatically—we can trust energy suppliers that have a history of unscrupulous practices in force-fitting energy meters in the homes of vulnerable people to, in effect, self-regulate? Will the Government instead legislate to ban the scandalous forced installation of prepayment meters once and for all?
Amanda Solloway
I acknowledge how awful it was that people had their homes broken into to force fit prepayment meters, but there is also a place for prepayment meters to enable people and to support people out of debt. I reassure the House that I have scrutinised every level of the regime for prepayment meters, now that we are going back to reinforcement, to absolutely ensure that we will not see all the scandalous practices that happened before.
Alun Cairns (Vale of Glamorgan) (Con)
The Minister for Energy Security and Net Zero (Graham Stuart)
The North sea is a mature basin and production will naturally decline in the coming years. The Government are committed to supporting our oil and gas industry and the energy transition, which is why we have the North sea transition deal and have introduced the Offshore Petroleum Licensing Bill. We want to protect investment, the 200,000 jobs supported by the sector and the tens of billions of pounds coming in in taxes, as well as to use the existing industry to deliver the wider energy transition.
Alun Cairns
The Government’s action to use gas and oil reserves in the UK for the smooth transition to renewable sources is important for our energy security, but also offers great employment and wealth prospects in the process. Is the Minister aware that Offshore Energies UK published a workforce insight last year that highlighted that the number of people working in the sector could be increased by 50%? For that to become a reality, the sector needs to be stable and competitive. What commitment can my right hon. Friend offer to the stability and competitiveness of the sector?
Graham Stuart
My right hon. Friend is absolutely right. This is a declining basin, and it is so important as we go through the transition that we do not lose the skills and jobs of those people who are providing the oil and gas on which we currently rely. No country is doing more to decarbonise than we are, but we will continue to use oil and gas for decades to come. As our production falls even more quickly than our demand, and even more quickly than is required globally, it is essential that we support the industry, send the signal that my right hon. Friend suggested, and rebut the attitude of the Labour party, which would destroy those jobs, lose the tax and put up emissions.
Sammy Wilson (East Antrim) (DUP)
I welcome the fact that, belatedly, the Government have accepted that, despite their net-zero policies, the oil and gas industry is important for the future in the United Kingdom. Does the Minister recognise that to benefit from the oil and gas in the North sea that will be released by the new licensing regime, we need to have refinery capacity? There has been little, if any, investment in refinery capacity, because of the uncertainty of the future and the carbon taxes placed on it. When will the Minister address that issue to ensure that we get the full benefit of the oil and gas that we extract from our shores?
Graham Stuart
Effectively, we are part of a European market. Most of the gas that we produce is consumed in the United Kingdom, and most of our oil is refined elsewhere in Europe and contributes to European and UK energy security, as it is converted into product. It is one joined-up market for historical reasons, and our refineries are used predominantly for oil that comes from abroad, as opposed to that which comes from the North sea. These are multi-decadal investments, and as part of a managed decline in demand we will see refinery capacity reduced over time. We are doing absolutely everything to do this in the most sensible manner possible, and it is a shame that Labour Members would have us import more. They are all in favour of oil and gas jobs, so long as they are not in the UK, and they will bring in foreign imports from which we will get no jobs and no tax, with higher emissions. It makes no sense, and only the right hon. Member for Doncaster North (Edward Miliband) could champion such an insane policy.
Alex Cunningham (Stockton North) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Amanda Solloway)
As chair of the all-party group on carbon capture, utilisation and storage, the hon. Member will know that the Government have committed £20 billion to support the early development of carbon capture, usage and storage, and up to £500 million for the industrial energy transformation fund to help industry to decarbonise, with phase 3 opening shortly.
Alex Cunningham
I welcome the investment in carbon capture—we just need to get on and make something happen there. Teesside is home to some of the most energy-intensive industries in the country, but instead of attracting more of those industries, including primary steel making, we are seeing plants closed down and jobs lost because investors do not see any industrial strategy from the Government. High energy costs mean that it is cheaper to import many of the goods that until now we have made at home. Why are the Government content to see this managed decline, rather than back the kind of strategy that will protect existing industries and drive investment and job creation?
Amanda Solloway
This Government invest throughout the country with our levelling-up agenda, but we have of course been investing in the steel industry, and we are mindful to ensure that we have the skills that will take us forward for those future requirements.
Sarah Jones (Croydon Central) (Lab)
My hon. Friend the Member for Stockton North (Alex Cunningham) was of course absolutely right: we have seen managed decline under this Government, with no coherent industrial strategy, total failure to get the grid connected where we need it, and different Departments giving mixed messages and providing complicated processes to access any support.
On top of all that, our industry has to pay twice as much on its energy bills compared with European competitors. A recent report by UK Steel stated that our steel producers have to pay £117 million more per year on electricity, forcing the Government to deliver a subsidy through the supercharger, which in turn raises bills for everybody else. Instead of such short-term policies, is it time for Labour’s industrial strategy, Labour’s grid reform and Labour’s mission to become a clean energy superpower, so that we can permanently cut bills for everyone, grow our economy and give Britain its future back?
Amanda Solloway
This Government have demonstrated our commitment to help across the domestic and non-domestic sectors. However, we also recognise the vital role that the steel sector plays in our economy. In fact, the 2021 net zero strategy reaffirms our commitment to continue to work with the steel industry on decarbonisation.
Mary Kelly Foy (City of Durham) (Lab)
The Minister for Energy Security and Net Zero (Graham Stuart)
The UK is the first major economy to halve its emissions. Since the Prime Minister’s speech in September, we have announced the £960 million green industries growth accelerator, helped to deliver the first global agreement to transition away from fossil fuels at COP28, acted to protect motorists from unfair prices at petrol stations, announced backing for 11 major projects to produce green hydrogen, and committed to the biggest nuclear expansion in 70 years. We have a plan. Our plan is working and it will get us to net zero. It will guarantee our energy security and bring consumers and the British people with us.
Mary Kelly Foy
My constituents have told me they are no longer eligible to receive the warm home discount, which, along with Ofgem’s price increase, is making the cost of living even more severe in the City of Durham. Will the Minister meet me to discuss that? What, if any, discussions has he had with the Minister for Disabled People, Health and Work, the hon. Member for Mid Sussex (Mims Davies) about the impact of fuel poverty on disabled people?
Graham Stuart
We are providing targeted support for the most vulnerable through the warm home discount. I am pleased to say that we have raised it to £150 and extended it so that it now reaches 3 million low-income households, giving them a rebate on their energy bills every winter.
Mr Philip Hollobone (Kettering) (Con)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Andrew Bowie)
I thank my hon. Friend for that question. He will be delighted to learn that renewable generation has increased fivefold from 2010 to 2022. It has gone from a risible 26 TWh to 135 TWh. Some 40 GW of renewable energy has connected to Great Britain’s electricity networks since 2010. Since 2010, the UK has seen a more than 500% increase in the amount of renewable electricity capacity in the grid thanks to this Conservative Government.
Madam Deputy Speaker (Dame Eleanor Laing)
I call the shadow Secretary of State.
Edward Miliband (Doncaster North) (Lab)
In the past month, the former Prime Minister who legislated for net zero has condemned the Minister’s oil and gas policy. His colleague the former COP President has accused the Government of “not being serious” and the Government’s net zero tsar has resigned his seat in disgust. Why does the Minister think that that is?
Graham Stuart
As we have rehearsed, the UK is the first major economy to halve its emissions. It is the one that is delivering more going forward. It is so important that we recognise that we will continue to need oil and gas for decades to come. The Labour party’s policy will do the opposite; it will weaken British jobs, reduce taxes and put up emissions, and that is why we remain committed, working across society, to ensuring that we deliver.
Edward Miliband
It is not just us who oppose the Minister’s Bill, but those on his own side—he has lost an MP over it. I know he brought down the last Government over fracking; he is trying to do it again with his new Bill. That is the reason that people have lost confidence. They see the hottest year on record and a Government backsliding on net zero. Is it not the truth that the Conservatives who know and care most about climate change no longer support this Government?
Graham Stuart
The right hon. Gentleman would love to think that was the case, but the Conservative party is united in driving this forward and in delivering. We are powering up Britain from Britain. We have taken ourselves from the abject position left by him when he was in government, which so many of my colleagues have described. We must not go back to that, because it would put bills up, it would put emissions up, and it would stop us being the global net zero leader that we are.
Duncan Baker (North Norfolk) (Con)
Graham Stuart
I agree with my hon. Friend and the Prime Minister on the importance of Bacton, which, like all gas terminals across the country, has the potential to play a crucial role in our energy security. The decarbonisation of these terminals is vital to delivering both economic growth and net zero. The Hewett field, 20 km offshore from Bacton, was awarded a licence for carbon sea storage by the North Sea Transition Authority in 2023. I hear his loud voice—it will be heard on the Government Benches—about its potential to be a hydrogen hub as well.
Sarah Green (Chesham and Amersham) (LD)
Graham Stuart
The hon. Lady is absolutely right to highlight that issue. At the autumn statement, we announced plans to halve the time it takes to build new critical powerlines as well as reducing average delays from five years to no more than six months. The connection action plan at the more local level will release more than 100 GW of capacity and give powers to the system operator to terminate stalled projects. We are seeking across multiple Departments—led by this one—to deal with the issues that she rightly raised.
Cherilyn Mackrory (Truro and Falmouth) (Con)
Andrew Bowie
It is incredibly encouraging to hear about what is happening at A&P Falmouth. As my hon. Friend knows, the floating offshore wind manufacturing investment scheme is providing up to £160 million to support investment in UK ports. However, while FLOWMIS is still live, I am afraid I cannot comment on individual applications.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Amanda Solloway)
I will have to write to the hon. Member with the figure, but the Government remain firmly committed to new builds as well as to retrofitting.
Vicky Ford (Chelmsford) (Con)
Graham Stuart
As we make the transition, it is essential that we do so fairly, not least for those with less. We have committed to keeping the transition to electric vehicles affordable for consumers, and we support innovations for those without a home charger such as cross-pavement cable channels and peer-to-peer charging schemes. I know that my right hon. Friend will continue to raise the VAT issue. As she rightly said, all taxes, including VAT reliefs, are kept under review by the Chancellor.
Samantha Dixon (City of Chester) (Lab)
Amanda Solloway
I am aware of the challenges facing all the industry. I have ongoing talks with UKHospitality and other groups. There are things that we can do, such as blend and extend, and we are looking at the brokers, and ensuring that third-party intermediaries are doing their jobs correctly.
Dr Luke Evans (Bosworth) (Con)
Driving down to Parliament, I pass petrol stations. In my constituency, prices were 136.9p and 137.9p. However, at the service stations, they were 164.9p and 167.9p. That is a massive difference, which the public just will not tolerate and want something to be done about it. What will the Government do?
Amanda Solloway
Road fuel prices are down for a second consecutive month. Petrol prices are now at a level not seen since early October 2021, following our work to bring transparency to the market. Today, we launched the consultation to require petrol stations to report real-time prices, which will mean that drivers can compare prices and get the best deal, and prices will fall through greater competition.
Liz Twist (Blaydon) (Lab)
Graham Stuart
I apologise for the Secretary of State not being here. I will write to the hon. Lady promptly in answer to her question.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
Transparency is important in the development of the energy sector. National Grid is refusing to publish its assessment of Bradwell as a potential landfall site for cables and interconnectors. It must be logical to prioritise brownfield sites with existing connections to the electricity network. Will my right hon. Friend please require National Grid to publish fully its assessment so far?
Graham Stuart
When my right hon. Friend thinks that something is important, she does not let it go. That message will go out clearly from this Chamber, and I will happily work with her to see whether we can find a resolution and give her the information and insight that she requires.
Charlotte Nichols (Warrington North) (Lab)
Following the recent state visit from the Korean President, when he identified nuclear as one of the key sectors for future collaboration in the UK-Korea trade deal, and the publication—albeit two years later than promised—of the civil nuclear road map last week, could the Minister please detail what conversations are taking place with the Department for Business and Trade to maximise inward investment opportunities for the nuclear supply chain in Warrington North and across the UK?
Andrew Bowie
I thank the hon. Lady for her question and for her support for our nuclear road map published last week. As she knows, we look forward to increasing the opportunities to co-operate with South Korea on civil nuclear, including on fuel supply chain safety, security, non-proliferation, decommissioning and the development of new reactors in both countries. That will benefit jobs and the supply chain around the UK, specifically where there is a strong history of a nuclear industry, such as in her constituency, which she champions.
Nick Fletcher (Don Valley) (Con)
The additional power supplies from offshore wind farms are creating the need for further pylons, yet if we doubled the voltage of power lines from 400 kV to 800 kV, we might not need them. That is used in China and America, and would stop the need for all the additional power lines running up and down the country. Will the Department look into that?
Graham Stuart
It will be useful for us both if I write to my hon. Friend and set out the technical assessments, constraints and issues around that, because he makes an interesting point.
Dame Nia Griffith (Llanelli) (Lab)
The Government have finally committed to a carbon border adjustment mechanism to protect our energy-intensive industries from being undercut by imports made with dirtier energy or in more heavily polluting processes. Will the Minister explain why the Government are delaying that until 2027, when the EU is introducing equivalent legislation a whole year earlier? Will he speak urgently to ministerial colleagues about bringing that date forward, both to protect our industries and reduce our carbon footprint?
Graham Stuart
I thank the hon. Lady for her support for the introduction of a carbon border adjustment mechanism. This is to make sure that we do not have carbon leakage—to use the jargon—where carbon costs imposed on companies here lead to that production simply going abroad, with no betterment to the planet. His Majesty’s Treasury takes the lead on this particular policy, but I will ensure that her sentiments are passed on to my Treasury colleagues.
Selaine Saxby (North Devon) (Con)
Can my hon. Friend confirm that, given all the questions about carbon accounting, sustainability and value for taxpayers’ money, the Government will not be guaranteeing Drax billions more in subsidies?
Andrew Bowie
As my hon. Friend knows, we will shortly be consulting on potential support arrangements to help facilitate the transition of large-scale biomass generation to power bioenergy with carbon capture and storage. Power bioenergy with carbon capture and storage could deliver negative emissions to support our climate change targets and the UK’s energy security.
Business of the House
(10 months, 1 week ago)
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The Leader of the House of Commons (Penny Mordaunt)
With permission, Madam Deputy Speaker, I will make a short business statement about an addition to this week’s business. Following the announcement by my right hon. Friend the Home Secretary that the Government intend to proscribe Hizb ut-Tahrir under the Terrorism Act 2000, the business on Thursday will now be:
Thursday 18 January—A motion to approve the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2024, followed by a debate on a motion on the loan charge, followed by a debate on a motion on HS2 compensation. The subjects for these debates were determined by the Backbench Business Committee.
I will announce further business in the usual way on Thursday.
Madam Deputy Speaker (Dame Rosie Winterton)
I call the shadow Leader of the House.
Lucy Powell (Manchester Central) (Lab/Co-op)
I thank the Leader of the House for updating the House on the business for Thursday, and for advance sight of it. It is good to see her announcing a change in business as a statement, rather than a point of order, and I know that Members will appreciate that proper approach.
There have long been serious concerns about the activities of Hizb ut-Tahrir, which have been exacerbated in the light of Hamas’s barbaric terrorist attack on Israel on 7 October. It is right that the Government have looked at the evidence and intelligence on the threat posed by the group, and Labour supports the decision to proscribe it.
I also welcome the fact that urgent time has been found to debate the order this week. Those who incite violence and promote or glorify terrorism have no place on Britain’s streets. In that context, what progress has been made on proscribing the Islamic Revolutionary Guard Corps, either via a statutory instrument, as the Government are using this week for Hizb ut-Tahrir, or by a new process to deal with hostile state actors for which there is wide cross-party support in this House?
Finally, I have to say that when I was first notified of an emergency business statement today, I did wonder whether the Government were having a rethink about their Safety of Rwanda (Asylum and Immigration) Bill in the face of the usual infighting and chaos. Can the Leader of the House take this opportunity to confirm that, whether the Bill is or is not amended in Committee today or tomorrow, there will still be, as programmed, Third Reading at the end of tomorrow’s business? There has been some suggestion that the Government may still table their own amendments and push Third Reading back to another day. Would that not be further proof of the Prime Minister’s weakness and the fact that, when it comes to governing, they are just making it up as they go along?
Penny Mordaunt
First, I thank the hon. Lady for her support for the statutory instrument that we are bringing forward. The Home Office has taken its time to consider the matter, but it is very clear that the activities the group is involved in fall into that category. They need to be dealt with swiftly, which is why we brought forward the SI at the first available opportunity.
The hon. Lady talks about the point of order I made last week. She will fully appreciate that this is a different situation. I am making a business statement today because we are changing the business that was previously announced. Last week, I was simply giving Members advance notice of forthcoming business, because if I had waited until our exchanges on Thursday, it would have meant an unsatisfactory amount of time for right hon. and hon. Members to prepare amendments.
I will certainly ensure that the Home Secretary has heard the hon. Lady’s query about the Islamic Revolutionary Guard Corps. Its activities are not restricted to what is happening overseas; it is engaged in activities on British soil against British citizens. I know that there is a great deal of interest in that in all parts of the House.
As the hon. Lady will know, the progress of the Rwanda Bill is subject to the House, and I shall make further business announcements in the usual way.
Mr Mark Francois (Rayleigh and Wickford) (Con)
As a member of the Defence Committee, I know that it is an open secret that Iran is paymaster to, and helps to train, Hamas, Hezbollah and the Houthi rebels in Yemen—there is no doubt about that throughout the international intelligence community. I warmly welcome the decision to proscribe Hizb ut-Tahrir. However, given what I have just said, and given the action that we have taken against the Houthi rebels in order to maintain freedom of navigation on the seas, can the Leader of the House foresee any circumstances in which she could return to the House in the near future to make a similar announcement about proscribing the IRGC?
Penny Mordaunt
I thank my right hon. Friend for his very helpful question. I know that this is an issue of great concern to many Members. He will appreciate that the Home Secretary and the Government will want to make any future announcements in a timely way while also considering all the effects that such a course of action might bring about, not least to our ships and their insurance, but I shall ensure that the Home Secretary has heard what he has said.
Madam Deputy Speaker (Dame Rosie Winterton)
Does the Scottish National party spokesperson wish to ask a question?
Kevin Brennan (Cardiff West) (Lab)
Given that the Chair of the Backbench Business Committee is not present and that the announcement has an impact on Thursday’s Backbench business, can the Leader of the House give us any information about the timing of the debate? Will there be a timetable motion, as there would be if the business were taken in a Committee upstairs—probably allowing an hour and a half in normal circumstances—and why has the Leader of the House decided that it should be taken on the Floor of the House rather than upstairs?
Penny Mordaunt
I apologise to the Backbench Business Committee—I know that this will eat into its time on Thursday—but this is an important matter that we want to deal with swiftly, and we therefore felt that it was appropriate for it to be dealt with on the Floor of the House.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
I thank the Leader of the House for the statement and welcome the intention to hold the debate on Thursday. In response to the right hon. Member for Rayleigh and Wickford (Mr Francois)—a fellow member of the Defence Committee—the Leader of the House said that the Home Secretary would come back to the House “in a timely way”. As the right hon. Member highlighted, the Islamic Revolutionary Guard Corps supplies the Houthis, especially with drone materials, and it was also committing international action last night in northern Iraq. Rather than talking of a “timely way,” many of us in the Defence Committee would say, “Time’s up.” I wonder whether the Leader of the House could reinforce to the Home Secretary the fact that across the House there is a clamour to proscribe the IRGC at the soonest opportunity.
Penny Mordaunt
I thank the hon. Gentleman for that helpful question. I will ensure that the Home Secretary has heard what he has said. The actions that he has described are not new; I think that, on average, that organisation has been behind about 500 attacks during any recent year against international shipping and people going about their daily business, and, as I have said, it is also engaged in activities in the UK. As a member of the Defence Committee, the hon. Gentleman will know of some the issues that surround this decision, but I am sure that if and when the Home Secretary makes his decision, he will want the House to be alerted at the earliest opportunity.
Jim Shannon (Strangford) (DUP)
I welcome the statement and clarification of the business for Thursday. The Leader of the House will be aware of the high levels of terrorism and the severe threat to people in Northern Ireland from the Real IRA and the New IRA. There is surely a connection between such terrorist groups in Northern Ireland and those who have sympathy towards the Hamas terrorists—is it not wonderful how terrorists across the world come together to murder innocent people?
With regard to the business on Thursday, may I ask the Leader of the House—ever mindful of the fact that only certain things can be said in the House—if it might be possible to indicate whether the threat from the Real IRA and the connection with the proscribed Hamas can be clarified evidentially, and if so, what measures will be taken to reinforce the action of stepping down hard on the Real IRA and the New IRA?
Penny Mordaunt
I thank the hon. Gentleman for raising this important matter. As he will know, it is not a matter for me in connection with the business of the House, but he has characteristically made the point that he wished to make and put it on the record, and I shall ensure that the Home Secretary has heard it.
Points of Order
(10 months, 1 week ago)
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Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
On a point of order, Madam Deputy Speaker. Last week I attended a Committee considering a statutory instrument on the immigration health surcharge, and, as would be expected in such a forum, I was asking questions of the Minister—in this instance, the Minister for Legal Migration and the Border, the hon. Member for Corby (Tom Pursglove)—who was unable to answer a number of those questions.
I should give credit to the Minister—I have alerted him to my intention to raise this point of order—because he has since written to me, ahead of the House finally agreeing to the statutory instrument yesterday, and I thank him for that courtesy. However, that was not the first time that I have been in a statutory instrument Committee and Ministers have been unable to answer questions. In this case it was off the back of a detailed impact assessment conducted by the Home Office, but on other occasions Ministers have been unable to supply answers on fairly basic information.
I wanted to raise the matter with you, Madam Deputy Speaker, because it seems to me that this is an inadequate and inopportune way for the House to operate. We are there to scrutinise the legislation of the Government of the day, and we are hampered in doing so if Ministers are unable to give us answers and instead promise, variously, to write to us or tell us about the issue involved at a later stage, or sometimes even brush off the questions. I wonder whether you would like to say anything on this matter, Madam Deputy Speaker.
Madam Deputy Speaker (Dame Rosie Winterton)
I thank the hon. Lady for her point of order and for giving me notice of it. I assume that she did inform the Minister that she intended to raise it.
Obviously, Ministers are responsible for their own replies to Members in Delegated Legislation Committees, as they are in the Chamber. I note that the hon. Lady said that the Minister did her the courtesy of writing after the event, but I think we would all believe—and it is certainly my view—that Ministers should have all the relevant information to hand when responding to a debate. The Leader of the House is here and has clearly listened carefully to what the hon. Lady has said. I am sure that she will take that point back, as will others on the Treasury Bench.
Kevin Brennan (Cardiff West) (Lab)
Further to that point of order, Madam Deputy Speaker. I can tell the House that this is not an isolated incident in statutory instrument Committees, but surely it is not good enough, because the Ministers who are answering questions about an impact assessment have signed that impact assessment and dated it to confirm that they are responsible and fully aware of its contents. If Ministers are indeed signing off impact assessments on statutory instruments and presenting them to Committees without knowing the contents, that is an extremely troubling revelation.
Madam Deputy Speaker
I note the point that the hon. Gentleman has made. Let me say again that this is up to individual Ministers; we cannot test them from the Chair before they respond to a debate on a statutory instrument.
Madam Deputy Speaker
I sense that the Leader of the House might like to provide a brief response.
Penny Mordaunt
Further to the point of order, Madam Deputy Speaker. We take these matters very seriously, and I will ensure that the points that Members have raised are brought to the attention of the Departments that have been mentioned.
I would just add that a great deal of work has been done by the Select Committee on Statutory Instruments, which has been looking into how we can improve these processes, the quality of impact assessments and so forth, and a large training programme takes place in Departments. My noble Friend Lord True and I have also undertaken sessions with Ministers dealing with statutory instruments, involving training and improving the quality of what is put forward to enable the House to scrutinise legislation properly.
There will be incidents, I am sure, particularly with complex briefs, where someone cannot recall the information while at the Dispatch Box, but as the textbook example set out by the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier) with regard to my hon. Friend the Minister for Legal Migration and the Border shows, when those situations arise, Ministers are very aware of their responsibility to get back to hon. Members before those statutory instruments come into effect.
Madam Deputy Speaker
In that helpful intervention the Leader of the House has outlined the programme that is in train, and I am sure that right hon. and hon. Members will keep their beady eyes on the situation and Ministers will ensure that they are as well prepared as possible.
Bills Presented
Unpaid Trial Work Periods (Prohibition) Bill
Presentation and First Reading (Standing Order No. 57)
Stewart Malcolm McDonald, supported by Kirsten Oswald, Ms Anum Qaisar, David Linden, Deidre Brock, Patricia Gibson, Alison Thewliss, Allan Dorans, Stuart C. McDonald, Dr Philippa Whitford, Alyn Smith and Ian Blackford, presented a Bill to prohibit unpaid trial work periods; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 15 March, and to be printed (Bill 144).
Military Action (Parliamentary Approval) Bill
Presentation and First Reading (Standing Order No. 57)
Richard Foord presented a Bill to require parliamentary approval for the deployment of UK armed forces for armed conflict; to provide for exemptions from that requirement in cases of emergency or in respect of compliance with treaty obligations; to make provision for retrospective parliamentary approval in certain circumstances; and for connected purposes.
Bill read the first time; to be read a second time on Friday 26 January, and to be printed (Bill 146).
Scotland (Self-Determination)
(10 months, 1 week ago)
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13:19 - The House divided: - Ayes: 48 / Noes: 228 - Question accordingly negatived.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
I beg to move,
That leave be given to bring in a Bill to amend the Scotland Act 1998 to transfer the power to legislate for a Scottish independence referendum to the Scottish Parliament; to provide that that power may only be exercised where the Scottish public has demonstrated its support for the holding of such a referendum; to provide that no such referendum may be held sooner than seven years after the previous such referendum; and for connected purposes.
Madam Deputy Speaker,
“I’m standing up for the right of self-determination. I’m standing up for our territory. I’m standing up for our people. I’m standing up for international law. I’m standing up for all those territories—those small territories and peoples the world over”.
Those are the words of then Prime Minister Margaret Thatcher, recounted in her memoir “The Downing Street Years”. She went on to say:
“The principle of self-determination has become a fundamental component of international law and is enshrined in the UN Charter”.
That principle she spoke of—the principle of the self-determination of peoples—was enshrined in the United Nations charter when Prime Minister Winston Churchill signed the 1941 Atlantic charter. Any notion that Scots freely entered into the Union by an act of self-determination has no credibility whatsoever. In 1707 a majority of Scottish parliamentarians may have been persuaded, but the people were never consulted. The Acts of Union in 1707 between England and Scotland created the kingdom of Great Britain, establishing a single political entity yet preserving the territorial, legal and institutional integrity of each partner country.
The UK’s constitution is not codified in a single document, so the question of whether the Acts of Union can be unilaterally dissolved by one party is not clear. However, the accepted position hitherto is that the Union is a voluntary association of equal partners and that Scotland has an unquestioned right of self-determination. Scotland’s distinct constitutional tradition is best expressed by Lord Cooper in the case of MacCormick v. Lord Advocate:
“The principle of the unlimited sovereignty of Parliament is a distinctively English principle, which has no counterpart in Scottish constitutional law”.
In the pleadings of the hon. and learned Member for Edinburgh South West (Joanna Cherry) in her Prorogation case to the UK Supreme Court, it was noted that the 1707 parliamentary Union between England and Scotland may have created a new state but did not create one nation. In recent years the UK state has steadfastly refused to acknowledge or honour that principle or the democratic wishes of the Scottish electorate. According to the distinguished academic and legal practitioner in international law, Professor Robert McCorquodale,
“the people of Scotland are distinct within the UK and have a right to self-determination…And as the people of Scotland are a people for the purposes of the right to self-determination…the choice of the means to exercise it is for the people to decide and not for the state.”
These are not obscure or arcane points of law; they are precise and purposeful, and according to Professor McCorquodale such treaty obligations are
“binding under international law on all states”.
The question of whether the ancient nation of Scotland should be an independent country once again continues to be the subject of much debate. In short, with current support sitting at 50% across the population and above 70% among younger people, the matter is far from settled. It is entirely proper for any country to review such important matters because Scotland will only become independent as and when a majority of the people of Scotland choose that path. This demands the use of a democratic mechanism that is constitutional and satisfies international legal precedent. This Bill seeks to standardise and codify such a requirement in line with the motion passed by this House that endorsed the principles of the 1989 claim of right and acknowledged the sovereign right of the Scottish people to determine the form of government best suited to their needs.
At that time the claim of right was supported by every political party save the Tories. In particular, Liberal Democrat MPs such as Ray Michie and Charles Kennedy were forthright in their support for the principle of Scottish sovereignty. They were following a home rule tradition in that party which never for a second disputed Scotland’s right of self-determination, albeit they thought Scotland should choose a form of federalism rather than independence. It would be unfortunate today if, having already deserted their historic commitment to the European cause, the Liberal Democrats were to follow that by deserting their historic commitment to respecting Scotland’s national rights. This morning the hon. Member for Edinburgh West (Christine Jardine) called this Bill, which favours neither one side nor the other, “divisive and unnecessary”, when it is anything but. It is in fact both liberal and fundamentally democratic.
The effect of this Bill should be uncontroversial for every Member. It merely establishes in law an equivalent mechanism to the principle already conceded by the UK Government in relation to a border poll in Northern Ireland. First, it establishes that the power to legislate for a referendum requires a democratic mandate from the Scottish public to do so. Since 2014 that criterion has been met in successive general elections to the Scottish Parliament, most recently in 2021 when a majority of MSPs were elected and a majority of votes were cast in favour of a manifesto commitment to deliver an independence referendum. Secondly, the Bill states that no such referendum may be held any sooner than seven years after any previous such referendum. Should Members of this Chamber deny Scotland her legitimate claim on self-determination, that will put beyond doubt that the voice of the people of Scotland is not welcome in this place and that a new approach must be considered.
This Bill offers both remedy and route. It places the power to decide firmly where it belongs, in the hands of the people of Scotland, and it does so by transferring the power to hold a referendum on independence to the Scottish Parliament. It is a parallel initiative to that being led by my Alba party colleague Ash Regan MSP in the Scottish Parliament. Ms Regan has brought forward a draft Bill that will allow for a referendum to be held to ask the people of Scotland if they think that the Scottish Parliament should have the powers to negotiate and legislate for independence. Its purpose is to consult the people of Scotland on their opinion on extending the provisions of their Parliament to hold such a referendum—a proposition supported by the expert legal opinion of Aidan O’Neill KC. Both proposals have at their heart the democratic imperative that Scotland’s political destiny must be in the hands of the people of Scotland, not in the hands of the Westminster Parliament or the Supreme Court. How does the behaviour of the UK Government or the repeatedly espoused position of the Opposition party constitute access to meaningful political process, as claimed in the recent UK Supreme Court judgment?
In the aftermath of the 2014 referendum, the all-party Smith commission agreement was signed by all Scotland’s main political parties—SNP, Labour, Tory and Liberal Democrat—and it stated:
“It is agreed that nothing in this report prevents Scotland becoming an independent country in the future should the people of Scotland so choose.”
While each have failed to deliver on that commitment, this Bill provides a necessarily equitable and democratic mechanism for the people of Scotland.
In 1889 in this place the equality of the UK partner countries was asserted by a Liberal MP, William Ewart Gladstone, when he said that
“if I am to suppose a case in which Scotland unanimously, or by a clearly preponderating voice, were to make the demand on the United Parliament to be treated, not only on the same principle, but in the same manner as Ireland, I could not deny the title of Scotland to urge such a claim.”—[Official Report, 9 April 1889; Vol. 335, c. 101.]
John Major, when he was Prime Minister, said of Scotland that
“no nation could be held irrevocably in a Union against its will.”
It is increasingly apparent that this is not a Union of equals. The UK is wilfully subverting the will of the people of Scotland by denying them their established human rights, as enshrined in the UN charter and in international treaty obligations that the UK state entered freely.
I cited the words of Lady Thatcher at the opening of my speech, but she went further:
“The Scots, being an historic nation with a proud past...have an undoubted right to national self-determination... Should they determine on independence, no English party or politician would stand in their way, however much we might regret their departure.”
Whether I like it or loathe it, we are in this Union. I hold that it is incumbent on every MP elected on an independence ticket to explore every option with courage and conviction. Today this Chamber faces a choice: affirm that this is a voluntary Union of equals or tell the world that Scotland is a mere possession to do with as it wishes. This Bill is a necessary condition of securing Scottish democracy, and I commend it to the House.
Christine Jardine (Edinburgh West) (LD)
I congratulate the hon. Member for Kirkcaldy and Cowdenbeath (Neale Hanvey) on securing this ten-minute rule Bill and on his knowledge of Liberal political history. I have to confess, though, that my overwhelming sentiment on hearing of this Bill was, “Oh, not again!” Surely this has been settled not just by the Supreme Court ruling but by the repeated occasions on which the people of Scotland—including me and other MPs here—the electorates of several constituencies and the majority of people at the last general election, and in the referendum, made it clear that, no, we cannot be held in a Union against our will, but that our will is to stay.
On the anniversary of parliamentary approval of the Act of Union in 1707, we are going over the same nationalist argument again and again—an argument that was rejected in the referendum and at the general election. This could and should be a day when the people of this country might expect their elected representatives to be considering the importance of what has gone before, as a result of that Act, what we have achieved and built, and what we can continue to build and improve upon as part of the Union. As a liberal and a Liberal Democrat, as the hon. Gentleman said, I fundamentally believe in home rule for Scotland, I fundamentally agree that the United Kingdom needs to change and I agree that the people of Scotland deserve incremental increases in power, but that is because I believe in a federal United Kingdom and have said so on numerous occasions, and I will continue to do so.
In the past 45 years, there have been three referendums on Scotland’s political future, on the Scottish people’s future and on the state of the constitution. Every single one of them was facilitated by the United Kingdom Government and, on every occasion, the Scottish people have benefited. We have devolution as a result of the second referendum, and surely even devolution sceptics can see the good that has come from our Parliament. We have seen the benefits of devolution not only in Scotland but in Wales, and we have seen great changes in Northern Ireland and, let us not forget, the London Assembly.
The third referendum, on independence in 2014, was facilitated by the UK Government, who felt that the Scottish Parliament and Scottish parliamentary elections had proven that there was a mandate. I know this because I worked on that referendum—I declare that interest—and, as a result, we have more devolved powers. This country has come so far on devolution since the turn of the new century, and power is now closer to the people most affected by it. It would be dreadful to undermine that, to throw the baby out with the bath water, with a separatist argument. Let us be clear that that is what some colleagues want.
It is not a secret that I fundamentally disagree with my colleagues on the Alba and SNP Benches about independence and where Scotland should be heading, particularly at a time when we need to work together in this place to solve the ills that are blighting people across these isles. I repeat that, in doing so, the UK Government are not a block on more devolution but have worked to enable it.
Whatever nationalists might tell us, independence is not an answer to our problems. It is not even the question that most people in Scotland want to raise. That question is about inflation, interest rates and the cost of living. My constituents constantly ask me about instability across the globe and what we will do about those issues. Yes, they want change, but they want a different Government and a different approach. They do not want separation, and they regularly tell me that they are fed up of hearing about it. They are tired of the negativity and of their world, and their children’s world, becoming smaller because of their Government’s mismanagement and ideological decisions. They want to address the problems with our education system in Scotland, with our NHS in Scotland and with our public services in Scotland, all of which have declined during the period of a nationalist Government who have prioritised only independence. We are suffering, and we do not want to do it any more. If the nationalists lifted their heads from their ideological manifesto on separation, and if they listened a little more to the people of Scotland and stopped taking their support for granted, perhaps they would know that themselves.
The people of Scotland may not like this particular UK Government, and there are times when, frankly, I wholeheartedly agree, but they can see an opportunity for change coming in the next few months. Perhaps that is why the nationalists are putting new impetus into their cause—because they see that there is an opportunity for change coming and that people may choose to change the Government rather than the constitution.
We all know that the United Kingdom is not perfect. Of course it is not. What governmental system is? It needs reform. I believe we need to move forward to a more federal system, but we do not need more division and more rancour at a time when the list of problems in this country is longer than any of us would like. The proposition before us would do little to address those very real problems faced by my constituents and everyone else in Scotland; as I say, it would be just one more division, with more arguments and the same old grievances. It is time to move on, accept that the will of the Scottish people, as expressed regularly, is to remain in the United Kingdom, and work to improve it and improve the lives of all of the people of the UK. The Scottish people have expressed their will. As we have all said, we cannot be held in a Union against our will, but our will is to stay in that United Kingdom. I ask this House not to waste any more time on an argument that the Scottish people have settled and will settled again at the next general election.
Question put (Standing Order No. 23).
Safety of Rwanda (Asylum and Immigration) Bill
Tuesday 16th January 2024
(10 months, 1 week ago)
Commons ChamberRead Full debate Safety of Rwanda (Asylum and Immigration) Act 2024 View all Safety of Rwanda (Asylum and Immigration) Act 2024 Debates Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 16 January 2024 - (16 Jan 2024)
17:38 - The Committee divided: - Ayes: 66 / Noes: 337 - Question accordingly negatived.
17:52 - The Committee divided: - Ayes: 68 / Noes: 529 - Question accordingly negatived.
18:11 - The Committee divided: - Ayes: 331 / Noes: 262 - Question accordingly agreed to.
18:24 - divided: - Ayes: 58 / Noes: 525 - Question accordingly negatived.
18:40 - The Committee divided: - Ayes: 330 / Noes: 55 - Question accordingly agreed to.
18:54 - The Committee divided: - Ayes: 262 / Noes: 336 - Question accordingly negatived.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
I remind Members that in Committee, Members should not address the Chair as Deputy Speaker. Please use our names when addressing the Chair, or Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable, so there are lots of options.
The First Deputy Chairman
That is my name— I mentioned that.
Clause 2
Safety of the Republic of Rwanda
Alison Thewliss (Glasgow Central) (SNP)
I beg to move amendment 45, page 2, line 33, leave out “a safe” and insert “an unsafe”.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Amendment 1, page 2, line 34, at end insert—
“(1A) The Secretary of State must lay a report before Parliament no later than one year after this Act is passed, and at least once in every subsequent calendar year, on whether in the judgement of His Majesty's Government the Republic of Rwanda is a safe country.”
This amendment requires the Secretary of State to monitor on an ongoing basis whether Rwanda remains a safe country and to report the outcome to the House.
Amendment 46, page 2, line 41, leave out “not”.
This amendment would require a court or tribunal to consider review or appeals of decisions relating to the removal of a person to Rwanda.
Amendment 47, page 3, line 3, leave out “not”.
This amendment would require a court or tribunal to consider claims about actions of the Republic of Rwanda.
Amendment 35, page 3, line 4, leave out paragraph (a).
This amendment would permit courts and tribunals to deal with systematic risk of refoulement from Rwanda.
Amendment 56, page 3, line 12, at end insert—
“(d) any claim or complaint made by a person on the grounds that the Republic of Rwanda is not a safe country if the person has—
participated or engaged in any activity, or made any communication containing serious allegations, which has led directly to bringing into question the safety of the Republic of Rwanda in general or in relation to that person, or
(ii) colluded or conspired with any other persons who have participated or engaged in any activity, or in any communication containing serious allegations, which could lead directly to bringing into question the safety of the Republic of Rwanda in general or in relation to those persons.”
This amendment would prevent a court or tribunal considering a claim that Rwanda is not a safe country from persons who deliberately tried to put themselves in jeopardy if they were removed to Rwanda.
Amendment 10, page 3, line 13, leave out subsection (5) and insert—
“(5A) This Act and the Illegal Migration Act 2023 will have effect in relation to removals to Rwanda notwithstanding—
(a) any provision made by or under the Immigration Acts,
(b) the Human Rights Act 1998,
(c) EU derived law and case law retained under sections 2 to 7 of the European Union (Withdrawal) Act 2018,
(d) any other provision or rule of domestic law (including any common law), and
(e) international law, including any interpretation of international law by the court or tribunal.
(5B) Nothing identified in paragraphs (a) to (e) of subsection (5A) may prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023, or affect the interpretation or application of any provision of this Act or the Illegal Migration Act 2023, including the actions or policies of public authorities, in relation to the removal of a person to Rwanda.
(5C) To the extent that any provision or requirement included in paragraphs (a) to (e) of subsection (5A) has been given effect to in legislation (including the Asylum and Immigration Appeals Act 1993, the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants etc) Act 2004), that legislation does not apply in relation to provision made by or by virtue of this Act or the Illegal Migration Act 2023 in relation to the removal of an individual to Rwanda, and shall not prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023.
(5D) A person or body to which subsection (5E) applies may not have regard to international law, in the circumstances mentioned in subsection (5G).
(5E) This subsection applies to—
(a) the Secretary of State or an immigration officer when exercising any function related to removing, or considering for removal a person to Rwanda under this Act or the Illegal Migration Act 2023,
(b) a court or tribunal when considering any application or appeal which relates to a decision or purported decision to remove, or to consider the removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.
(5F) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (5E) would otherwise have been required to have regard to international law.
(5G) The Asylum and Immigration Appeals Act 1993 is amended as follows.
(5H) In section 2 at the end insert ‘except in relation to the removal of a person to Rwanda under the Safety of Rwanda (Asylum and Immigration) Act 2024 and the Illegal Migration Act 2023’.”
This amendment specifically excludes the legislation raised in AAA v Secretary of State of the Home Department [2023] UKSC 42 as potential blocks to removal and excludes from consideration any international law (including the ECHR and anything put out by its court).
Clause stand part.
Amendment 19, in clause 4, page 4, line 11, leave out from “whether” to the end of line 14 and insert
“and in what manner a person is to be removed, or considered for removal, to Rwanda under this Act or the Illegal Migration Act 2023”.
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 48, page 4, line 13, leave out from “circumstances” to end of line 14.
This amendment is intended to allow the decision-maker to consider whether the Republic of Rwanda is not a safe country in general.
Amendment 20, page 4, line 18, leave out from “that” to end of line 22 and insert
“are expressly permitted by this Act or by the Illegal Migration Act 2023”.
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 49, page 4, line 20, leave out from “circumstances” to end of line 22.
This amendment is intended to allow the court or tribunal to consider whether the Republic of Rwanda is not a safe country in general.
Amendment 37, page 4, line 23, leave out subsection (2).
This amendment ensures that decision-makers are still able to consider the risk of refoulement when making individual decisions on removals to Rwanda.
Amendment 50, page 4, line 23, leave out subsections (2) to (7).
Amendment 2, page 4, line 27, at end insert —
“(2A) Any review or appeal under subsection (1) may be considered only after the person in question has arrived in Rwanda.
(2B) The Secretary of State may provide any necessary technical assistance, including access to video-links, to the person in question if it appears reasonable to a Minister of the Crown that such assistance should be provided in order to enable the person in question to request a review or make an appeal after their arrival in Rwanda.
(2C) The Secretary of State may provide any necessary incidental or medical assistance to the person in question if it appears reasonable, in the circumstances of that individual person in question, to a Minister of the Crown that such assistance should be provided in order to enable the person in question to travel to, and if necessary to be looked after or quarantined following arrival in, the Republic of Rwanda.
(2D) Any decision by a Minister of the Crown in relation to subsection (2B) or (2C) shall be final for all purposes and may not be considered or questioned in any tribunal or court.”
This amendment would allow reviews and appeals to take place only after the person had reached Rwanda; allow video-links for an appeal made from Rwanda; authorise the provision of any necessary medical help or quarantine on the way and if necessary after arrival in Rwanda; and prevent the courts from questioning decisions on assistance made by Ministers.
Amendment 3, page 4, line 28, leave out subsections (3) to (6) and insert—
“(2E) No order for an interim remedy under this section may be made by any tribunal or court.”
Amendment 21, page 4, line 34, leave out from “is” to end of line 37 and insert
“expressly permitted to do so by this Act or by the Illegal Migration Act 2023”
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 57, page 5, line 1 , at end insert—
“‘compelling evidence’ may not include foreseeable risk of any kind of harm to a person if that person has—
(i) participated or engaged in any activity, or made any communication containing serious allegations, which has led directly to bringing into question the safety of the Republic of Rwanda in the particular individual circumstances of that person, or
(ii) colluded or conspired with any other persons who have participated or engaged in any activity, or in any communication containing serious allegations, which could lead to bringing into question the safety of the Republic of Rwanda in the particular individual circumstances of that person.”
This amendment would prevent the Secretary of State, an immigration officer or a court or tribunal considering a claim that Rwanda was not a safe country for the particular individual circumstances of a person if that person had deliberately tried to put themselves in jeopardy if they were removed to Rwanda.
Amendment 22, page 5, line 7, at end insert —
“(8) The Illegal Migration Act 2023 is amended as follows.
(9) In section 8 at the end insert—
‘(18) In relation to notices under subsection (2) which specify Rwanda as the country of destination —
(a) paragraph 2(b) does not apply, and
(b) subsections (3) to (7) do not apply.’
(10) After section 8 insert—
‘8A Finality of decisions
(1) Subsections (2) and (3) apply in relation to persons named in notices as described in subsection 8(18), and all matters, decisions, or conclusions reached in relation to their selection, processing, detention, and removal.
(2) These matters, decisions, and conclusions are final, and not liable to be questioned or set aside in any court or tribunal.
(3) In particular—
(a) the decision maker is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
(b) the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
(4) Subsection (5) applies only in relation to decisions as to medical fitness to travel to Rwanda.
(5) Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether the decision maker is acting or has acted in bad faith.
(6) The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision relating to a removal or proposed removal to Rwanda that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
(7) In this section—
“bad faith” means dishonesty or personal malice, and does not include unreasonableness or actions taken which are inconsistent with international law;
“decision” includes any purported decision;
“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
(a) the High Court in England and Wales or Northern Ireland,
or
(b) the Court of Session, in Scotland,
and
“the court of supervisory jurisdiction” is to be read accordingly.’
(11) After the cross-heading ‘Entry, settlement and citizenship’, insert—
‘29A Exclusion of certain provisions relating to entry, settlement and citizenship
Sections 30 to 37, and the other legislation therein mentioned or referred to, shall not apply if they have the effect of preventing or delaying any removal notified under this Act to Rwanda.’
(12) After the cross-heading ‘Legal proceedings’ insert—
‘37A Exclusion of certain provisions relating to legal proceedings
(1) Subsections (2) and (3) apply in relation to persons named in notices as described in subsection 8(18).
(2) Suspensive claims, as defined in section 38, are not available in relation to such persons.
(3) Where suspensive claims (including any appeals) have been commenced prior to the giving of notice, such claims and any pending appeals are null and void and shall not prevent removal or have any other legal effect.’”
This amendment limits the ability of courts to review, and restricts suspensive claims that may be made, in relation to the decision to remove a person to Rwanda.
Clause 4 stand part.
New clause 6—Changes to the classification of Rwanda as safe—
“(1) A Monitoring Committee overseeing removals to Rwanda must be established
and maintained in accordance with Article 15 of the Rwanda Treaty.
(2) Section 2(1) of this Act does not apply if—
(a) the Monitoring Committee established under subsection (1) has formally concluded that the Republic of Rwanda is in breach of its obligations under that Treaty,
(b) the Secretary of State has advised against travel to the Republic of Rwanda, or
(c) if a court or tribunal has found the Republic of Rwanda to be unsafe in accordance with subsection (3) below.
(3) On an application for judicial review, if a UK Senior Court determines that credible evidence exists that the Republic of Rwanda is no longer safe on the basis of non-compliance with its obligations under the Rwanda Treaty, nothing in this Act shall prevent a court or tribunal from further considering an application for judicial review brought by an individual so affected.”
This new clause places the Monitoring Committee for the Rwanda Treaty on a statutory basis, and places conditions on when the classification of Rwanda as ‘safe’ can be suspended in accordance with material conditions and/or non-compliance with obligations under the Rwanda Treaty.
Amendment 28, in clause 9, page 6, line 38, after “Act” insert “except section 2”.
This is a paving amendment for Amendments 29 and 30.
Amendment 29, page 6, line 39, at end insert—
“(1A) The Secretary of State may by order made by statutory instrument bring section 2 into force.”
This Amendment makes the commencement of Clause 2 (Safety of the Republic of Rwanda) subject to a commencement order.
Amendment 30, page 6, line 39, at end insert—
“(1B) The Secretary of State may not make an order under subsection (1A) before—
(a) at least 30 days have elapsed since the Rwanda Treaty entered into force, and only if
(b) the Secretary of State is satisfied with the extent of the implementation by Rwanda of its domestic obligations under the Rwanda Treaty since the Treaty entered into force.”
This Amendment makes the commencement order for Clause 2 (Safety of the Republic of Rwanda) contingent on the Secretary of State being satisfied with the implementation by Rwanda of its domestic obligations under the new Treaty.
Alison Thewliss
The SNP has brought forward these amendments to this appalling Bill not because we really believe that there are improvements that can be made to it, but because that is the limitation of the process we have in front of us this afternoon. The Bill is irredeemably awful in each and every provision and clause, and in the intent behind it. And it will not work. Like the hostile environment that came before, the Nationality and Borders Act 2022 and the Illegal Migration Act 2023, which got Royal Assent only 180 days ago, it will fail to reach its objectives because it fails to engage with reality. The more I hear from Members on the Government Benches on the issue, and from the many Home Office Ministers who have come and gone, I can only feel that they just do not understand why people seek sanctuary on our shores. They are astonishing in their ignorance and baffling in the lack of effort they put into understanding.
One reason people come to the UK is its—now clearly defunct—reputation for fairness and the rule of law, which the Bill comprehensively shreds. The Joint Council for the Welfare of Immigrants has highlighted the impact that all of that has had on the people it deals with, and told me about a Kurdish client who fled Iran under a death sentence from the Iranian Government. On arriving in the UK, he was issued with a removal notice to Rwanda. He said:
“The reason I came to England was that I knew I will be safe in the UK, and also, I was trapped by the smugglers…When I received the news”—
that he would be sent to Rwanda—
“it felt like death again to me.”
He was relieved by the Supreme Court ruling because he thought he would be safe, but now he has had the rug pulled from underneath him yet again.
Sir Desmond Swayne (New Forest West) (Con)
On a point of order, Madam Chairman. The hon. Lady’s speech seems more appropriate for Second Reading. It would be helpful if she could direct her attention to the amendments, about which we are interested to hear what she has to say.
The First Deputy Chairman
It is actually amendments and clause stand part, so that gives a wider scope than perhaps the right hon. Gentleman realises.
Alison Thewliss
I am glad the right hon. Gentleman has had your advice, Dame Rosie, on the subject of the debate.
To put the issue into context, every single week I sit in front of people at my advice surgery and listen patiently to the stories of the constituents who come to see me. I have read their Home Office statements: they have been through trauma, made perilous journeys at unimaginable cost, been tortured and bear the scars, both physical and mental. They have seen their relatives murdered, run rather than be forcibly recruited into an army that would kill and rape their loved ones, and been victims of trafficking and slavery. They have been unable to hide their views or their identity from those who would persecute them, and seen the stable life they had built crumble before their eyes. They never planned to be sitting on a random Friday morning in a community centre in Glasgow, in tears, before a Member of some other country’s Parliament. They do not understand why this UK Government treat them so poorly, disbelieve them, force them to wait, prevent them from working and keep them apart from the only loved ones they have left. I cannot comprehend it either.
Michael Fabricant (Lichfield) (Con)
On that point, will the hon. Lady give way?
Alison Thewliss
I will if the hon. Gentleman can tell me why the Government treat people so cruelly, I will.
Michael Fabricant
I have been listening with interest to the compassion that the hon. Lady is expressing, but could she tell me how many illegal asylum seekers per head of population Scotland is accommodating, and how many illegal asylum seekers per head of population England is accommodating?
Alison Thewliss
The hon. Gentleman should inform himself, because there is no such thing as an illegal asylum seeker in the first place.
Alison Thewliss
The hon. Gentleman can sit down; he has made his point.
Fellow human beings, from Afghanistan, Syria, Yemen, Libya, Iran, Iraq, Ethiopia, Eritrea, Sudan, China, the Democratic Republic of the Congo and Cameroon, Tamils from Sri Lanka, Ahmadiyyas from Pakistan—all of those and more—have given me just the tiniest of insights into their lives. It is a privilege to know them and to help them as much as I can as their MP.
Glasgow is home to many different nationalities and it gives me great pleasure to attend community events and celebrate the diversity that enriches us: to learn to dance the attan sway and to teach Afghan Scots to do the Gay Gordons and Dashing White Sergeant in return; to sing, very badly, alongside the wonderful Maryhill Integration Network Joyous Choir; to share the most delicious food with AfricAlba and Africa Future; or to play football, as badly as I sing, in the refugee football tournament that is held every year in Scotland, organised by Councillor Abdul Bostani.
Sir Desmond Swayne
On a point of order, Dame Rosie. I do not want to try your patience, but clause 2 is about the safety of Rwanda and what the hon. Lady is saying has nothing to do with that at all.
The First Deputy Chairman
I thank the right hon. Gentleman for his point of order. Please can he leave it with me? It is rather discourteous to keep disrupting the debate. I assure him that I will keep a close eye on proceedings. If the hon. Lady veers off track, I will make sure she gets back on track, but can we not have the debate disrupted constantly like this?
Alison Thewliss
Perhaps the right hon. Gentleman would like to come along to listen to Olivia Ndoti and the women at the Women’s Integration Network in Glasgow. Perhaps he will hear from people from Rwanda—this Government grant asylum to people from Rwanda, because their country is not safe.
I do not believe that anyone who supports this awful Bill can do so knowing the people it will affect. It is laid out in such cruel terms that they would remove the rights of our fellow human beings simply for seeking sanctuary and safety. It undermines our obligations under international law and denies the need for individualised protection, which is guaranteed under the anti-trafficking convention. That this Government seek to declare a country safe by legislating for it to be so is an absolute affront. Amendment 48 simply seeks to change “safe” to “unsafe”. For every decision maker to be forced to declare any country safe—regardless of the facts in front of them, regardless of their own knowledge and regardless of circumstance—flies in the face of the justice and the rights that the UK is supposed to stand for. It is illogical. Amnesty has called this “treating fact as false”.
Tim Loughton (East Worthing and Shoreham) (Con)
Amendment 45, as the hon. Lady has just said, would permanently designate Rwanda an unsafe country. She has just complained about decision makers having to designate it the other way. Therefore, first, what is the difference? Secondly, is that not offensive to Rwanda? Thirdly, is that not worrying to the 100-plus refugees from Libya whom the UN recently settled in Rwanda? Under what circumstances would she then agree to legislation that recognised Rwanda again as a safe country?
Alison Thewliss
I believe that it is fundamentally unwise to recognise countries as safe in perpetuity, because things are unsafe. This amendment highlights the illogicality of this Bill. These things should not be legislated on at all. The hon. Gentleman mentions the Libyans who are being transited through Rwanda. They are not settling in Rwanda; they are being transited through Rwanda to other countries such as Canada.
Alison Thewliss
I wish to make some progress. The hon. Gentleman will be able to contribute later on.
I wish to touch on what the United Nations High Commissioner for Refugees has said about this. It has reviewed the updated UK-Rwanda scheme and it says:
“It maintains its position that the arrangement, as now articulated in the UK-Rwanda Partnership Treaty and accompanying legislative scheme, does not meet the required standards relating to the legality and appropriateness of the transfer of asylum seekers and is not compatible”—
it is not compatible—
“with international refugee law.”
Equally, this Bill does not have any kind of sunset clause, or a set of circumstances by which it can acknowledge a change in the situation in Rwanda. That is foolhardy, and it is bad legislation. The clauses that talk about mere monitoring of the situation do not go far enough. That is a prime example of the incompetence of this legislation and how it cannot really be made to work.
There has been ongoing tension, for example, with the neighbouring Democratic Republic of the Congo, where recently re-elected President Tshisekedi has been quoted as saying in relation to Rwandan-backed M23 rebels:
“If you re-elect me and Rwanda persists…I will request the Parliament and Congress to authorise a declaration of war. We will march on Kigali. Tell Kagame those days of playing games with Congolese leaders are over.”
I ask Conservative Members what would happen to their precious treaty and to this legislation should such a situation escalate. None of us wants to see that, but it could happen. More importantly, what would happen in the interim to anybody the Home Secretary had sent to this unsafe situation in Rwanda? They would not be able to bring them back. That person would be stuck in a situation of conflict.
It is beyond me how Conservative Members, including former Ministers and members of the legal profession, can sign up to amendments shredding the rule of law and human rights. Our amendments 46 to 50 are, at the very minimum, an attempt to reinstate the powers of our courts and tribunals to do their work. They are the people qualified to make these decisions, and they do so for the most part with great diligence. Their services are stretched and there is much more that could be improved were the UK Government not chucking away hundreds of millions of pounds on distractions such as this legislation that they bring here today.
The Government have recently published their consultation response on safe and legal routes, following the Illegal Migration Act 2023, and it offers nothing. It offers no change whatsoever—no new safe and legal routes that would help to resolve the situation. The Refugee Council has presented a credible alternative, and the Minister could not be less interested.
I honestly do not know what to say about the amendments of the former Minister, the right hon. Member for Newark (Robert Jenrick), and his cabal. It sickens me that they would treat people in this way. Surely the only way in their minds that they can justify treating asylum seekers in this way is if they consider them to be less. If they do not matter, they can therefore be shipped off as if they were some kind of inconvenient waste. This is stirring up fear and hatred of people who only came here to ask for our protection. These are real lives; it is not some political game. I say to Conservative Members who are focused on this Tory psychodrama that this is about real people and real people’s lives. We on the SNP Benches see them as humans, just like us. Shame on all those Members.
Robert Jenrick (Newark) (Con)
I rise to speak in favour of the amendments in my name and that of my hon. Friend the Member for Stone (Sir William Cash).
A single question—at least on the Conservative Benches—hangs over this debate: what works? It does not matter whether this is the most robust piece of immigration legislation that we have ever considered. That is not relevant. It does not matter whether this is a suitable compromise between this faction or that. That might be a noble aim, but it is not what we are here to do on behalf of our constituents today. What matters is whether this scheme works. Why does that matter? It matters because illegal migration is doing untold damage to our country. It is costing us billions of pounds. It is exploiting tens of thousands of people. It is leaving a trail of human misery across Europe, north Africa and beyond. People are drowning in the English channel and will continue to do so month after month. We must fix this problem. We in this House have the power to do so, and the responsibility is on our shoulders. The question is: are we willing to do it.
The current Bill does not work. The test of whether it works is not whether we can get a few symbolic flights off in the months ahead, with a small number of illegal migrants on them. The test is whether we can create the kind of sustainable deterrent that we set out to achieve— the sustainable deterrent that my right hon. Friend the Member for Witham (Priti Patel) set out to achieve when she secured this groundbreaking deal with Rwanda. It is the kind of deterrent that protects not just this country for generations to come from the scourge of illegal migration, but the whole continent of Europe. I can tell all right hon. and hon. Members that, having spoken to almost every Interior Minister and Immigration Minister not just in Europe, but in Egypt, Tunisia, Morocco and Turkey, they all ask, “When will you get this policy up and running? Will it work?” And they want it to work. They know that if we can create a sustainable deterrent, we will stop people coming, we will secure Europe’s borders and we will save lives. In an age of mass migration, this is one of the most important challenges that we face.
Sir Chris Bryant
I completely agree with the right hon. Gentleman about one thing: this Bill will not work. I do not think it will work if it includes the amendments that he has tabled, either. That is because he and I have come to a completely different position on the nature of the deterrence and whether it would work at all. It seems to me self-evident that there must be an enormous deterrent if you have to get in a tiny boat, risking your life as a pregnant woman with children beside you, having paid thousands of pounds to a vile, despicable people trafficker. What evidence does he have that this plan, this gimmick, is any more of a deterrent than that?
Robert Jenrick
If the hon. Gentleman were right, hundreds of thousands of people would not be making that very journey every year. Millions of people in the world want to make that journey. There are thousands of people in France seeking to pay people smugglers to come to our country. The only way we will stop that is if we break the people smugglers’ business model once and for all, so that it is clear beyond doubt that if people come to this country, they will be detained and swiftly removed to Rwanda or another safe country.
Where the hon. Gentleman is wrong is that he, like those on the Labour Front Bench, believes completely erroneously that we can arrest our way out of this problem. The National Crime Agency does not support them in that contention, and I have not seen any evidence that that will work. Nobody who has looked into this problem believes that the fungible and complex gangs that stretch across Europe and beyond, which import boats for next to nothing from China, Bulgaria and Turkey, can just be arrested out of existence. Everyone says the same thing: “Create a deterrent.” That is what the Rwanda policy does.
Robert Jenrick
I will not give way again to the hon. Gentleman. Let me move forward and speak more directly to our amendments, because that is the purpose of today.
The amendments tabled in my name and that of my hon. Friend the Member for Stone are in four groups, two of which will be discussed today and two tomorrow. They seek to address the evident flaws of the Bill, and they represent the last opportunity for us to get this policy right. I shall speak directly to mine, and my hon. Friend can speak to the one that he leads on. Mine speak to individual claims. This is a point I have made time and again.
All my experience at the Home Office teaches me that every single illegal migrant who comes to this country will try every possible way to avoid being removed. We know that; that is what they do today. It is human nature that people would do that. We have to legislate for human nature, not against it. Every legal representative and lefty lawyer will try everything they can to support those claims. We see it every time, and experience teaches us that.
The Bill improves the situation; it makes it tighter, but in respect of only the general safety of Rwanda, not an individual’s circumstance.
Caroline Lucas (Brighton, Pavilion) (Green)
Will the right hon. Gentleman give way?
Robert Jenrick
I will give way to the hon. Lady in a moment. As night follows day, every migrant will say, “Rwanda may be generally safe”—I believe that it is—“but it is not safe for me.” That is one of the central intellectual incoherences, as the Government’s own lawyers have said, at the heart of the Bill. It envisages that Rwanda is generally safe but, for a range of unspecified reasons, foresees that it will not be safe for others. Of course, as we have seen in the past, one person will mount a successful challenge, and that will create a precedent. Every legal representative and non-governmental organisation like Care4Calais will then school everyone to make exactly the same challenge and, time and again, we will lose those cases in the courts. The Bill, in that respect, is legally flawed, but it is also operationally flawed because of that.
Let me explain to those who are, understandably, not as well versed as those of us who have been Ministers in this field: we have only 2,000 detained spaces in our immigration removal centres in this country. On a single day in August, 1,200 arrived illegally on our shores, so in a weekend, all the detained capacity in the whole United Kingdom would be consumed. When hon. Members are considering whether the Bill works, they should see it through that lens.
We have to get people out of the country within days, not months, and the operational plan behind the Bill foresees that it will take months for people to be removed from the country. What will happen is our detained capacity will be filled, and people will be bailed to hotels. They will then abscond and never be seen again. Within a single week in August, this scheme will have failed. That matters for the country and, of course, for the Government. It matters for trust in politics and Westminster, because we will have told people that it was going to work, knowing that it would not work. It also matters for all those other European countries that want the scheme to succeed in protecting our borders.
Tim Loughton
My right hon. Friend makes a good case for deterrents but, I fear, a bad case for his amendments. As the Home Affairs Committee found out, when the Rwanda scheme was announced, a big surge of people in Calais tried to regularise their status in France because they did not want to risk being sent to Rwanda, so deterrents do work. He has just said that this is the last opportunity to get this right. Does he not acknowledge that there is a large chance that his amendments would make the Bill unworkable, not least in the eyes of the Rwandan Government? In that case, there would be no deterrent, so what is the alternative?
Robert Jenrick
Let me address that question head-on. I have known my hon. Friend for a long time—he was not born yesterday. That argument is not a plausible one, in my opinion. The argument that the Rwandan Government would walk away from the scheme was raised not just at the eleventh hour, but at one minute to midnight. It is predicated on the belief that the Government of Rwanda would walk away from a scheme on the grounds that it might conceivably fall foul of the European convention on human rights, which Rwanda is not a party to, when the only reason we would fall foul of the convention would be conduct in Rwanda itself. I do not find that a plausible argument.
If that were the correct response, why then pilot a Bill through Parliament where the very front page says that the Government cannot attest to the Bill’s compliance with international law? Why would the Prime Minister say that he is willing to ignore foreign judges when his own legal advice says that that is in breach of international law? Why would we pursue a policy that the UNHCR said yesterday is, in its opinion, in breach of international law? That is not a plausible argument from the Government.
It was unwise of the Government to solicit that press release from the Government of Rwanda. I do not think that we should cast blame on the Government of Rwanda, because they are honourable people who want this scheme to work, and I have the highest opinion of our interlocutors in Rwanda. It is for that reason that I want to do what we said we would do when my right hon. Friend the Member for Witham created the scheme, which is to work with them in good faith to get the job done.
Robert Jenrick
I will not give way at the moment; let me make some more progress on explaining the amendments, if I may.
The way that flights will work when the scheme commences is not under the Illegal Migration Act 2023 at all. The first several months of flights will involve a group of individuals whom my right hon. Friend the Member for Witham and her officials at the time selected when the Rwanda policy was first devised. Those individuals have been in the United Kingdom for years. We have lost contact with many of them and none of them can be subject to the protections in that Act.
Even if hon. Members believe that the serious and irreversible harm test within that Act is a very strict one—I will come to that in a moment—that will not apply to the flights that will go off in the months ahead. It might not apply to any flights that go off before the next general election. If we want those flights to be full of illegal migrants and for there to be a deterrent effect, hon. Members need to support the amendments I have set out, which create that strict approach.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the right hon. Member give way?
Robert Jenrick
I will give way in a moment. When we come to those individuals who are subject to the strictures of the Illegal Migration Act, the Government’s contention is that the serious and irreversible harm test is a very high one. I do not think that is right. The Supreme Court’s judgment lowers the bar. The revealed preference of the judiciary is to be generous towards illegal migrants and to make the scheme difficult to operationalise. As this is the last legislative opportunity for us to tackle the issue, I suggest we get it right and narrow the opportunities for the judiciary to intervene, or else we are going to find that these flights are symbolic flights, with very few individuals on them at all.
Mr Roberts
I want to touch on something the right hon. Gentleman said earlier about whether the Bill will work at all. He has often gone on the record talking about the Albania scheme, which has been very successful: there are 90% fewer Albanians coming across. In the year to September last year, 2,749 illegal migrants were returned to Albania. They did not require the amendments. The law that we currently have allowed them to be returned, and I do not remember hearing about any appeals from those people. On that basis, and given that this Bill is stricter than what we currently have, why will it not work, if the Albania scheme already works?
Robert Jenrick
I have heard that argument advanced before, and of course I am proud of what we have achieved with the Albania scheme, but that is to judge two quite different propositions. The Albania scheme takes somebody who is in the United Kingdom and asks them to return to their home country, which is a European, highly developed country. That is a very different proposition from enforcing somebody’s removal from the United Kingdom to a third country to which they do not wish to go. Also, as the hon. Gentleman may know, very few small boat arrivals have been removed to Albania. Almost all those individuals who have gone to Albania have been time-served foreign national offenders in our prisons, individuals who have voluntarily chosen to return to Albania and those who have been in the United Kingdom for a long time.
The success of the scheme rests on taking people off small boats, detaining them for very short periods of time and then removing them swiftly to Rwanda. For the reasons I have set out, I think that is extremely unlikely to succeed at any scale in the way the Bill is currently structured.
Caroline Lucas
I just point out to the right hon. Gentleman that people arrive in small boats because legal routes have been blocked. When it comes to his amendment in particular, clause 4 of this disgusting Bill already provides a very limited route for individuals to challenge their removal to Rwanda based on their individual circumstances, yet my understanding is that he is seeking to go even further to override individual legal protections—even decisions that contain errors would not be open to challenge under his amendment 22, as I understand it. How on earth is that fair, just or justifiable?
Robert Jenrick
On the hon. Lady’s first point, we have had this argument many times before, and she is completely wrong. This country is one of the world’s most generous countries in supporting those in need around the world. Since 2015 we have issued more than half a million visas on humanitarian grounds, more than at any time in our history. On her point about my amendment, it is not correct to say that we would not enable people to challenge on their individual circumstances; they could, but those challenges could not be suspensive. Individuals would arrive in the UK and within days—which is critical to the success of the scheme—they would be removed to Rwanda. There they could bring forward claims as they might wish, but it would not block the flights, and that is critical. Without that, the scheme will simply not succeed.
Robert Jenrick
I will not give way to the hon. Gentleman.
The amendment also says there very narrow grounds on which individuals will not be put on flights, grounds that the Home Office is very used to dealing with through fitness to travel requirements. That is a concept that is well known and understood and I am certain it would work.
What does the amendment do that is different? It narrows down the reasons for which individuals could make claims and makes the scheme legally and operationally workable for the first time. We have tried to be constructive in tabling amendments. The Prime Minister set a test for me, and for anyone who shares my determination to tackle this issue, as follows: that he would accept any amendment, whether or not it strengthened the Bill, if there were respectable legal arguments in international law in their favour. We can argue about whether that test is the right one. Personally, I feel very strongly that there are times when contested notions of international law should not surpass either parliamentary sovereignty or, above all, the interests of our constituents, and border security and national security are the prime responsibilities of any Government. But that was the test, and we have met the test.
We instructed a very eminent lawyer, John Larkin KC, former Attorney General of Northern Ireland, to provide us with an opinion. The opinion says that each and every one of the amendments in my name and that of my hon. Friend the Member for Stone are compliant with international law. Unless the goalposts have been shifted by the Government, I see no reason why the Prime Minister and the Minister could not accept the amendments and enable us to strengthen this Bill once and for all.
In conclusion, at the outset I said there was one question hanging over this debate: what works? However, there is a further question: how much are we willing to do to stop the boats? How willing are we to take on the vested interests, balance the trade-offs and take the robust steps that will actually work? The only countries in the world that have fixed this problem, latterly Australia and Greece, have been willing to take the most robust action. Are we? I am. I want to stop the boats and secure our borders.
This is a difficult issue, but we are not a parish council struggling with some kind of intractable legal problem. We are a sovereign Parliament. The power is in our hands. We have agency. The law is our servant, not our master. I urge all right hon. and hon. Members to support the amendments in my name and the name of my hon. Friend the Member for Stone and create a scheme that works. That is what our constituents expect of us and that is the promise that the Prime Minister has made to them and the whole country.
Stephen Kinnock (Aberavon) (Lab)
I rise to speak in favour of amendments 35 and 37 and new clause 6, tabled in my name and the name of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow home Secretary.
I start by reminding the Committee and anyone watching at home that the Labour party is opposed to this Bill in its entirety, for the simple reason that we are opposed to the Rwanda scheme in its entirety. We have been clear that we need to stop the Conservative small boats chaos and we need to fix our broken asylum system, but those aims can only be achieved by way of measures that are based on common sense, hard graft and international co-operation, as opposed to headline-chasing and government by gimmick from those on the Conservative Benches.
The Conservatives like to accuse us of opposing everything that the Government are doing to stop the Tory small boats chaos, but that is simply not the case. We on the Labour Benches fully support measures such as the deal with Albania, because that is the sort of sensible, pragmatic action that can make a tangible difference. We have repeatedly made our support for that course of action crystal clear, if only the Conservatives would care to listen. However, the Labour party will never support any proposal that is unaffordable, unworkable or unlawful.
Janet Daby (Lewisham East) (Lab)
Does my hon. Friend agree that the Government are being extremely neglectful with the public purse by throwing money at a Rwanda scheme that simply will not work?
Stephen Kinnock
My hon. Friend is absolutely right: it is quite remarkable that a party that used to pride itself on being the party of fiscal rectitude is throwing £400 million of taxpayers’ money at the Government of Rwanda for precisely nothing. So far, all they have got for it is that they have sent three Home Secretaries to Rwanda, but not a single asylum seeker.
The Rwanda plan is all of the above: it is unaffordable, it is unworkable and it is unlawful. It is unaffordable to the British taxpayer because a truly staggering £400 million of our taxpayers’ money is on the way to the Rwandan Government without a single asylum seeker landing in Rwanda. It is unworkable because we know that the Rwandan authorities are capable of taking less than 1% of the 30,000 who crossed the channel in small boats in 2023, according to the Court of Appeal. In order for a deterrent to be effective, it must be credible. Surely even the most ardent supporter of this policy would acknowledge that such a tiny chance of being sent to Rwanda will never deter someone who has risked life and limb and crossed continents to escape persecution and violence.
Wera Hobhouse (Bath) (LD)
The Foreign Office recently admitted that hundreds of Afghans who are eligible for resettlement have not been brought into the UK. They exemplify the need for safe and legal routes. Are they not exactly the people who are risking life and limb because they do not have access to legal and safe routes, which the Government should provide?
Stephen Kinnock
The hon. Lady is right. The Afghan schemes are a case in point. The Afghan relocations and assistance policy has more or less collapsed, the Afghan citizens resettlement scheme is not working at all, and which nationality is always in the top two or three that are crossing on small boats? The Afghans. It is pretty straightforward.
We oppose the Rwanda policy because it is not a deterrent; it is a distraction. It would be far better, as the shadow Home Secretary, I and others have set out many times in this Chamber, to redirect the vast quantities of taxpayers’ money being wasted on the Rwanda scheme into a new cross-border police unit and a new security partnership with Europol that can smash the criminal smuggler gangs upstream.
Andrew Gwynne (Denton and Reddish) (Lab)
My hon. Friend is making an important point about how we need to co-operate much more intensively with the law enforcement agencies across Europe. The brutal fact is that these gangs are putting people into boats that were made for rivers, not seas, in treacherous conditions. Who in their right mind would go in one of those dinghies in the English channel right now? But people are being forced to do that by the gangs. We need to smash the gangs, and we can do that only by working with our colleagues across Europe to ensure that we bring the situation to an end.
Stephen Kinnock
My hon. Friend is absolutely right. If we accept that international co-operation with our European partners and allies must be at the heart of dealing with the gangs, as he so eloquently sets out, the possibility of that co-operation is fundamentally undermined when our Government are flagrantly prepared to break international law, which should underpin the trust that is a prerequisite for all such co-operation. Co-operation based on joint working and intelligence-sharing with our partners and allies is possible only if Britain is deemed a trustworthy partner.
That brings me to the third reason for our opposition to the legislation and the amendments tabled by so many Conservative Members. We find ourselves in the utterly extraordinary position of debating a Government policy that has been found to be unlawful by the highest court in our land. Amendment 35, which I will come to shortly, reflects that very fact. We find ourselves confronted by a Government who are seeking to legislate for an alternate reality. Although Ministers appear to believe that they can pass a Bill that determines that the sky is green and the grass is blue, that does not make it so.
Sir William Cash (Stone) (Con)
Has it escaped the hon. Gentleman’s notice that one claim was dismissed by the Supreme Court judgment on Rwanda? That was an Iraqi in the case of ASM. The reason was very simple: the Court made it crystal clear in paragraph 144 of its judgment that the issue in question, as far as that claimant was concerned, was undermined by clear and unambiguous words in an Act of Parliament. In other words, the sovereignty of Parliament prevailed.
Stephen Kinnock
Of course Parliament is sovereign, and of course we in this place are sent here to make laws, but we must make those laws with restraint; we must make them while respecting the judicial function. The separation of powers is fundamental to our identity as a liberal democracy, so although the hon. Gentleman very often talks about the sovereignty of Parliament, it is vital that his comments are always founded on the principle of separation of powers and the checks and balances that it gives us.
Richard Graham (Gloucester) (Con)
Just to tease out a little more Labour policy on the specific issue that the hon. Gentleman referred to, is he ruling out any consideration of this House determining to overturn the wrongful convictions of hundreds of sub-postmasters simply because that would set a new precedent in the relationship between this House and the courts?
Stephen Kinnock
Well, that is an interesting one; I did not have talking about the sub-postmasters scandal on my bingo card today. Parliament is free to legislate in any way it wishes, but it has to do so in full recognition of the view of the courts. I know that a number of eminent legal experts have raised concerns about the Government’s proposed approach on the sub-postmasters. We have to see precisely how the detail looks, and it is our duty in this Parliament to scrutinise it carefully to ensure that we are not setting dangerous precedents. I would argue that there is no doubt whatsoever that the Bill before us would set a profoundly dangerous precedent because it seeks to directly overturn the findings of the highest court in our land, and that is a toxic approach.
John Redwood (Wokingham) (Con)
Has the shadow Minister not seen all the comments and budget lines that the Government have put out stating that they are co-operating extensively and fully with continental countries in trying to crack down on the awful trade that is leading to deaths in small boats? The proof is that money is sent to France to help the French with their task. There is no evidence that they are not co-operating.
Stephen Kinnock
The co-operation with France is to be welcomed. The problem is that it is too far downstream. We need far better co-operation upstream, which is about sharing data and fixing the issue with the databases—the shadow Home Secretary and the Leader of the Opposition visited Europol recently to come forward with very practical and detailed plans around getting the data-sharing right. That may address the issue of the falling number of prosecutions of criminal smuggler gangs on this Government’s watch and the number of returns and removals falling by 50% since 2010. Again, we go back to the point about putting more energy and resources into the pragmatic and sensible things that can actually make a difference, as opposed to being distracted by this madcap Rwanda scheme.
It is mark of a liberal democracy that courts are independent of Parliament and the Executive. We on the Labour Benches believe passionately that that separation of powers is a fundamental and immutable element of what makes us proud to be British. Not only are we opposed to the specifics of the Bill, but we are deeply troubled by what it represents in a broader sense.
Robert Jenrick
Over the Christmas period, the Labour Front Benchers anonymously briefed The Times saying that they would want to pursue an offshore processing model. Is that the position of the hon. Gentleman and the shadow Home Secretary, and if so, why would they want to do something that is known to be more expensive and less effective—everyone would have to be brought back to the United Kingdom one way or another, so that would create no deterrent whatsoever—and not move forward with a scheme such as Rwanda?
Stephen Kinnock
I thank the former Immigration Minister for his comments. I enjoyed opposing him and, on some occasions, working with him. Look at the Ukraine scheme. That is an example of offshore processing: people’s applications were processed in Poland before they came to our country. Look at the Hong Kong scheme. There are plenty of ways of doing upstream and offshore processing. To coin a phrase, what matters is what works. What is absolutely clear is that it is difficult to imagine any scheme that could be more expensive than the Rwanda policy. I will now make some progress.
I cite the view of the Bingham Centre for the Rule of Law and countless other legal experts, who have stated that the Bill is contrary to the rule of law because it amounts to a legislative usurpation of the judicial function. It is an assault on our country’s constitutional conventions, which require the legislature to respect the essence of the judicial function. Moreover, there is a staggering hypocrisy at the heart of the Bill when we consider it in the context of the treaty that has been signed with Rwanda. The purpose of that treaty is to bind the Rwandan Government into respecting the rule of law, and in particular the principle of non-refoulement. How on earth can Ministers hold the Rwandan authorities to account on these matters if they themselves are so blatantly and egregiously failing to practise what they preach?
Tim Loughton
It is a little disingenuous to liken this process to the Ukrainian scheme. The only criteria for the Ukrainian scheme were that a person had to be Ukrainian and come from Ukraine.
The hon. Gentleman has said that enforcement has gone down. Up to the end of November 2023, Home Office immigration enforcement arrested 246 people for people smuggling into the UK, and there were 124 convictions. That is in addition to those arrests and convictions that have happened on the continent, so in what sense are those figures declining, as the hon. Gentleman has just claimed?
Stephen Kinnock
There has been a 30% drop since 2010 in convictions of criminal smuggler gangs, and a 50% drop since 2010 in removals. I would be very happy to write to the hon. Gentleman with clear details of those facts—we have the receipts.
It is against that fundamentally flawed and farcical backdrop that we seek to modify the legislation that is before us today. Our amendments are an attempt at damage limitation—an effort to moderate the most egregious aspects of this nonsensical and counterproductive Bill. Our amendment 35 acknowledges that, in November of last year, the Supreme Court upheld the Court of Appeal judgment. It ruled unanimously that the Rwanda policy was unlawful, because there were substantial grounds to believe that people transferred to Rwanda could be sent to countries where they would face persecution or inhumane treatment if Rwanda rejected their asylum claims, a practice known as refoulement.
The reason for those concerns relates to an issue that I first raised at this Dispatch Box back in April 2022, when the Rwanda plan was first announced. When Israel signed its deal with Rwanda in 2013, many of the asylum seekers who were sent from Israel to Rwanda were routinely moved clandestinely to Uganda, and in three cases, refoulement to Eritrea via Kenya was prevented only by the UNHCR intervening. It is little wonder that the Israeli Supreme Court ruled the scheme unlawful in 2018, and it was closed down. In December, the Government signed a treaty with the Rwandan Government that says that refoulement is prohibited, and that anyone removed to Rwanda from the UK must be allowed to stay in Rwanda. Indeed, the only country to which people can be transferred from Rwanda is the UK, which under the deal must also accept some of Rwanda’s most vulnerable refugees and offenders sent back from that country.
That in itself tells a story. The fact that the UK Government and the Rwandan Government have agreed that Britain might need to take some Rwandan refugees is a stark admission that Rwanda is not a safe country for many people. Indeed, since the first £120 million payment by the British Government to Rwanda, six Rwandans have been granted safety and refuge in the UK. Then there is the tragic fact that Ministers are simply too afraid to address. In 2018, 12 Congolese refugees were shot dead by Rwandan police for protesting against food shortages. Our amendment 35 therefore permits British courts and tribunals to recognise and deal with the specific risks of refoulement associated with Rwanda by removing the relevant text from clause 2 of the Bill.
Likewise, our amendment 37 makes clear that decision makers must be able to take the risk of refoulement into consideration when processing asylum claims. The Bill designates Rwanda as a safe country, and therefore makes clear that
“Every decision-maker must conclusively treat the Republic of Rwanda”
as such. It states that the Bill
“does not permit a decision-maker to consider any matter, claim or complaint to the extent that it relates to the issue of whether the Republic of Rwanda will or may remove or send the person in question to another State in contravention of any of its international obligations (including in particular its obligations under the Refugee Convention).”
However, as the Government have previously acknowledged, the facts on the ground can change, and decision makers should therefore be able to make their own judgments based on the latest court rulings. As such, we see no reason not to let decision makers do their jobs and make decisions based on all the knowledge available to them as the situation evolves, as opposed to the frankly absurd idea that Rwanda can be defined as safe in perpetuity.
I turn now to our new clause 6. The new treaty states that Rwanda is committed to addressing concerns that are laid out in the Supreme Court judgment, including refoulement. New clause 6 would help to ensure that Rwanda can be held accountable on its treaty commitments by placing the monitoring committee for the Rwanda treaty on a statutory basis, and by placing conditions on when the classification of Rwanda as safe can be suspended in accordance with the material conditions and/or non-compliance with obligations under the treaty. As things stand, the Government could vary the operating principles of the monitoring committee without it being possible for such changes to be challenged in our domestic courts. Our new clause 6 therefore addresses that unacceptable position by placing the monitoring committee on a statutory footing, making it judiciable and thus, by definition, more transparent and accountable. We see no reason why Government Members and Members across this House should oppose the principles of transparency and accountability on which our new clause 6 is based, and we hope they will join us in the Aye Lobby later.
Turning briefly to the amendments tabled by Government Members, I would point out that even one of their own colleagues, the right hon. Member for Ashford (Damian Green)—the chair of the One Nation group—has described many of those amendments as “authoritarian” and a betrayal of Conservative values. He is right. The Bill in its current form is already an assault on our reputation as a country that upholds the separation of powers and the rule of law, and the majority of the amendments tabled by Government Members would take us even further away from those basic democratic principles. Let me be clear: Labour Members will proudly be voting against the amendments that are being promoted by Conservative Members, because the Government’s Rwanda policy is unaffordable, unworkable and unlawful; because the Bill is an affront to the values that we hold dear; and because we will always stand up for the separation of powers, the rule of law, and ensuring that we can stand tall in the world.
Robert Jenrick
The hon. Gentleman is very kind to give way a second time. I have listened to him carefully, but I have not heard an answer to one of the central questions of the debate. It is the Government’s view that Rwanda is a safe country; what is the view of the Labour party? Is Rwanda a safe country? I think we would all be interested to know the Labour party’s position—I know the Government of Rwanda would be interested.
Stephen Kinnock
I thank the right hon. Member for that intervention. I do not think I could have made it any clearer that we believe in the rule of law and the judicial function, and when the Supreme Court of our land rules that it is not safe to send asylum seekers to Rwanda, we on the Labour Benches absolutely agree with that position.
We have seen some pretty bizarre stuff emanating from the Conservative Benches over the decades, but when the history books of the past 14 years are written, the Conservatives’ psychodramas over this Rwanda policy will surely take centre stage. Just think of the astonishing amount of Government time that has been ploughed into this unaffordable and unworkable nonsense, when Ministers and officials could have been focused on the design and delivery of the sorts of sensible, practical measures that I mentioned earlier. Just think of the vast amounts of political capital that the Prime Minister has squandered on a policy that he does not actually believe in, that his Home Secretary has privately pooh-poohed—if you will pardon the pun, Chair—and that has left his leadership in tatters.
The legislation before us is a sham, but in the interests of damage limitation, I urge Members to get behind Labour’s amendments today. Of course, most crucially, I urge them to vote down this Bill on Third Reading, and get behind Labour’s plan to deliver the security partnership and cross-border police unit that will smash the criminal gangs, defeat the people smugglers, and stop the Tory boats chaos once and for all.
Sir William Cash
We want the Bill to succeed. We want it to work and to do what our voters want, but at present it does not. Clause 2, as it stands, does not work, which is why I shall press my amendment 10 to a vote, supported as it is by well over 60 Members of Parliament. Clause 2 needs to be amended with clear and unambiguous words, and with a full “notwithstanding” formula, not the one currently on offer. This formula has been used throughout our legislative history, for hundreds of years, but most recently it has been enacted in our most important domestic constitutional legislation, without opposition—namely, in section 38 of the European Union (Withdrawal Agreement) Act 2020.
The sovereignty of the Crown in Parliament is democracy, and it is described in a leading case by the great Lord Bingham, our greatest modern jurist, as the “bedrock of our constitution”. Democracy delivers the wishes of the voters who elect us through the legislation that we pass as Acts of Parliament, and it is this democracy for which people fought and died. Nothing can be more important to their daily lives, including illegal immigration, and that is why this issue is so important.
However, it is also important to stress that genuine refugees are fairly protected—this country has always done that—as in the case of Afghanistan, Hong Kong and so forth. Yesterday’s YouGov poll makes it clear how strongly people feel about all this. It is a legal and constitutional, and therefore also essentially political, problem.
The reason why sovereignty is so fundamental is that the courts recognise that they have a duty to interpret, adjudicate on and obey the laws made under that parliamentary sovereignty, where legislative words are clear, express, explicit and unambiguous. Therefore, the use of a comprehensive “notwithstanding” formula, as in my amendment, would ensure that we make the Bill work in line with its intended purposes, and that it would not be frustrated by claims of international law or other contrary law.
The Bill in its current form will not prevent, as everyone knows, further ingenious individual claims, followed by further Supreme Court decisions. The recent Supreme Court judgment on 15 November 2023, as I pointed out in an intervention, makes my very point. It shows that the words in the immigration and asylum Acts at that point in time were not clear and unambiguous. However, and this is vital, it seems to have escaped many people’s notice that one of the claimants—ASM, an Iraqi—had his claim dismissed in that very judgment because, in the words of Lord Reed, the President of the Supreme Court himself,
“in any event, the principle of legality does not permit a court to disregard an unambiguous expression of Parliament’s intention such as that”—
I say this to the hon. Member for Aberavon (Stephen Kinnock) on the Opposition Front Bench—
“with which we are concerned in the present case.”
This was emphatically because the Retained EU Law (Revocation and Reform) Act 2023 and related immigration legislation was so clear and unambiguous in that case as to require the Court to dismiss the claim of the Iraqi precisely as a matter of parliamentary sovereignty.
John Redwood
My hon. Friend is doing a wonderful job, as always. Did he see the recent briefings, which seemed to come from the Government, that they are expecting a lot of cases under their law and are going to provide a lot more judges for them? Are they not telling us that this is not going to work?
Sir William Cash
I am afraid to say that does appear to be the inevitable inference to be drawn from the statements that have been made. The worry is that, unless the law is completely clear and unambiguous, there is going to be more trouble, and if the Bill was to be passed with clear and unambiguous words, the Government would not need the judges that they seem to want to employ—and nor, for that matter, all the fees that the lawyers will accumulate as a result of taking part in some very spurious cases.
As I have said, the Rwanda judgment is in line with all previous judgments by pre-eminent jurists in recent generations, such as—I mention but a few—Lord Denning, Lord Reid, Lord Hoffmann, Lord Bingham and others. Months ago, I sent the Prime Minister a seven-page memorandum, each line of which set out breaches of international law in almost every jurisdiction in the world, including even the EU itself, the United States, France and Germany, where clearly apparent breaches of international law have occurred without international sanctions. As for the Vienna convention, what really matters is whether the internal domestic law is of fundamental importance in the national interest, and this illegal immigration law manifestly is.
In the UK, we have a dualist system of law in which the sovereignty of Parliament is fundamental to our rule of law and cannot be trumped by international law, the opinions or conventions of the Government Legal Service or—speaking as a former shadow Attorney General—if this be the case, even by an Attorney General. We have a dualistic approach to these matters in which domestic law and international law are seen as independent of one another. The recent Miller 1 judgment states, at paragraph 57, that our
“dualist system is a necessary corollary of Parliamentary sovereignty…it exists to protect Parliament not ministers.”
Furthermore, as Lord Hoffmann made so clear in R v. Lyons in 2002, the courts will have regard to the words of the statute, not the treaty. This is because we have no written constitution defining the internal status of international law within the United Kingdom. As Lord Bingham has said, international law is
“complementary to the national laws of individual states and in no way antagonistic to them”.
International law is not supranational, unlike European law.
British courts cannot deem a statute unconstitutional. Under our constitution, it is the King in Parliament who legislates, not His Majesty’s Government—I thought they had learned that in the civil war of the 1640s. The court does not require to have regard to functions of Government when interpreting the law. A statute, even when arising from an international treaty, will always prevail over a rule of international law. Lord Hoffmann, in the case of R v. Lyons in 2002—I will quote what he says, as I cannot improve on it—stated that
“it is firmly established that international treaties do not form part of English law and that English courts have no jurisdiction to interpret or apply them… It is not the treaty but the statute which forms part of English law. And English courts will not (unless the statute expressly so provides) be bound to give effect to interpretations of the treaty by an international court, even though the United Kingdom is bound by international law to do so... The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.”
Nothing could be clearer.
In Bradley and Ewing’s authoritative book “Constitutional and Administrative Law”, it is clearly stated that the legislative supremacy of Parliament is not limited by international law. The courts may not hold an Act void on the grounds that it contravenes general principles of international law. Indeed, the Labour Government in 1998 specifically reaffirmed the sovereignty of Parliament in relation to their Human Rights Act, saying that they would not seek to transfer power from future Parliaments to the courts because that would confer on the judiciary a general power over the decisions of Parliament and would draw the judiciary into serious conflict with Parliament. Their own White Paper stated of the judiciary:
“There is no evidence to suggest that they desire this power, nor that the public wish them to have it.”
I do wish the hon. Member for Aberavon was listening to this, because it is about the Labour party, and this still applies today.
Indeed, under paragraph 53 of the House of Lords Constitution Committee’s report of 18 January 2023, the Committee accepts that UK domestic law can
“diverge from obligations agreed by the Government under an international treaty, and ratified following the CRAG”—
Constitutional Reform and Governance Act—
“procedures... And parliamentary sovereignty means that Parliament could legislate to ensure that domestic law differed from the requirements of a treaty.”
Paragraph 54 states:
“Parliament having enacted legislation that is not compliant with the UK’s international obligations, the courts are bound to apply that law.”
Paragraph 58 goes on to state:
“Parliamentary sovereignty means that Parliament can legislate contrary to the UK’s obligations under international law.”
There we have it. And I should add that many members of that Committee, such as Lord Falconer of Thoroton, are certainly not Conservatives or Brexiteers. So there we are—we are all agreed.
In our unique unwritten constitution, our sovereignty patently prevails over international law, which is, for example, in contrast with that of Germany. What happens there? Article 25 of its written constitution, which I have taken from an established work on public international law, states as follows—these are the words of the very constitution in Germany:
“The general rules of public international law are an integral part of federal law. They shall take precedence over the laws, and shall directly create rights and duties for the inhabitants of the federal territory.”
Similar provisions apply under the Dutch constitution, in articles 65 and 66. That tells us that there is a dualist system, and some countries take a view that is different from ours. We just happen to be on the right side of the fence. Similar provisions may be applied by specialist international lawyers, and they may seek to make out that international law in this country prevails over clearly explicit words in Acts of Parliament and parliamentary sovereignty. But no House of Lords or Supreme Court case supports that proposition.
Kevin Foster (Torbay) (Con)
I am very much enjoying my hon. Friend’s speech, as always. He gave the example of Germany, which for obvious historical reasons has imported principles of international law into its own domestic constitutional law. For example, the German Supreme Court, the Federal Constitutional Court, still reserves its right to be the final arbiter of whether, for example, European Union law is compatible with German basic law.
Sir William Cash
I am extremely glad that my hon. Friend has made that point, because I had the disobliging necessity to read some of the Supreme Court judgments from Germany. Sometimes—believe me—they run to nearly 1,000 pages, for the simple reason that they are struggling to find something that will support the German people, compared with some of the rules of law that are applied more generally on an international footing, which cause them so much trouble.
As I have said—my hon. Friend has just made my point for me—the European Union is in a complete mess on the issue of illegal migration, and we are well out of it. It still has the charter of fundamental rights, which we excluded in our withdrawal agreement, and legal changes to its immigration law, all of which will require hotly contested constitutional changes and referenda in its member states. It is going to be bedevilled by referenda and constitutional change, and I fear it will not succeed. Very many are up in arms about compulsory quotas and fines for non-compliance being imposed on them under the new pact on migration and asylum, which was passed by majority vote. It is noteworthy that recently the French Government defied rulings of the Strasbourg Court regarding the deportation of an Uzbek national, but they cannot apparently trace him as ordered by their own Supreme Court—[Interruption.] In reply to the barracking I am receiving, I simply point out that the relevance of this is that we are talking about our constitution, which can solve the problem, and about theirs, which cannot.
Sir John Hayes (South Holland and The Deepings) (Con)
My hon. Friend is making a compelling argument about the difference between this country and those abroad who failed to take back control when we did. He will know that constitutionalists from Dicey to Denning, and from Lord Woolf to Lord Sumption, agree with him that this place is supreme. The supremacy of Parliament is at stake as we debate his amendment and the Bill.
Sir William Cash
I have to say, with all humility, that it is not so much that I agree with them, or that they agree with me, but that this is the law of our land. This is the rule of law as it applies to the United Kingdom, and it is a tribute to the British people that they took that decision in 2016.
As I said to the Prime Minister in December’s Liaison Committee, he can be a world leader on the issue of illegal migration, not only in the EU, but also in the United States, Canada and Australia—every country in the world. The international refugee convention, among other conventions, is seen as requiring reform. In Europe, it is clear that they need to change the European convention on human rights as well as EU immigration law, and European Union voters are voting with their feet.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
I start by raising my concerns with the Government about using a Committee of the whole House for this part of the scrutiny of the Bill. We had this with the Illegal Migration Act 2023. In that case, there were hundreds of amendments and the Minister just got to speak at the end for a short time. When we are debating and scrutinising such Bills, we need to do so line by line, and we need to debate and hear the argument from the Minister and the argument from the proposers of amendments. The process we are going through does not allow Parliament to conduct that effective scrutiny that we all want to see when passing laws in this place.
Turning to the Bill, when the Home Affairs Committee published our report on channel crossings 18 months ago, we were clear about the potential problems posed by the Rwanda scheme. As I have highlighted on several occasions in this Chamber, we said that the small boat crossings are an issue on which “no magical single solution” is possible and that:
“Detailed, evidence-driven, fully costed and fully tested policy initiatives are by far most likely to achieve sustainable incremental change”.
We warned that the Government risked
“undermining its own ambitions and the UK’s international standing if it cannot demonstrate”
that the scheme was
“compatible with international law and conventions.”
We said that aspects of the scheme carried
“significant reputational risk for the UK”.
The amendments we are debating today contain provisions that are incompatible not only with the UK’s obligations under international law, but with basic principles of liberty and freedom under common law. The amendments’ implications are therefore profound and affect every single one of us. Despite what the former Immigration Minister, the right hon. Member for Newark (Robert Jenrick) said, I take in all sincerity the Rwandan Government’s view on the importance of upholding legal obligations. We can conclude that some of the amendments would prove fatal to the implementation of the Bill. Indeed, yesterday, the UN Refugee Agency declared that the Rwanda treaty and this unamended Bill are
“not compatible with international refugee law.”
I will speak to amendments 2, 3, 10, 56 and 57 and then focus my comments on amendments 19 to 22. Amendments 2 and 3 would prevent any claim based on risk derived from individual circumstances being considered until the person in question had arrived in Rwanda. That would effectively exclude the very narrow possibility for suspensive claims that the Bill currently allows, and it could result in the person being exposed to the risk on which their claim is based—including claims based on fear of persecution and torture—before it is even considered. The European convention on human rights requires
“independent and rigorous scrutiny of a claim that there exist substantial grounds for fearing a real risk of treatment contrary to Article 3”.
It also requires that the person concerned should have access to a remedy with automatic suspensive effect. The amendments would therefore be inconsistent with that requirement of the ECHR.
Amendment 10 would extend the notwithstanding provision to apply to all the Bill and the Illegal Migration Act 2023. It would effectively prevent a claimant relying on any pre-existing legal protection to prevent or delay their removal to Rwanda. The amendment would expressly allow removal to Rwanda, despite that removal otherwise breaching domestic law and despite that removal being in breach of international law. That includes fundamental human rights from which we know no exception or derogations are permitted, such as the prohibition on torture. Needless to say, the amendment is not compatible with the UK’s obligations under international law and risks undermining our international standing.
Amendments 56 and 57 would provide that courts and tribunals would not be permitted to consider a claim on the grounds that Rwanda is not a safe country where the claimant has engaged in activity or made serious allegations that have brought into question the safety of Rwanda, or colluded or conspired with others who have done the same. Worryingly, the amendment appears to exclude people who have made serious allegations about the safety of Rwanda from asylum and human rights protection. That would be inconsistent with rights to asylum and humanitarian protection under international law and could also be inconsistent with freedom of expression as guaranteed under article 10 of the ECHR.
Amendments 19 to 22 have profound implications for us all. They would prevent any individual set to be removed to Rwanda from arguing that they could not be sent there on the basis of their own circumstances. In the inevitable absence of absolute certainty that no risk to any individual could arise in Rwanda, that would mean that legitimate claims based on a real risk of persecution and human rights violations would not be heard, and that those people whose claims are unheard would be removed to face the persecution and human rights violations in Rwanda on which their claims are based. That is clearly inconsistent with the refugee convention, the ECHR and the other international legal obligations cited by the Supreme Court in its recent judgment.
Amendment 22 would prevent the courts from reviewing not only the asylum claims of individuals being sent to Rwanda, but also claims for unlawful detention, for assault in the course of removal or for discriminatory treatment in the course of the removal process. To be clear, denying those claims would be inconsistent not only with human rights law, but with fundamental principles of liberty and freedom under our common law that have been protected for centuries, including by the writ of habeas corpus. All Members who do not want to see habeas corpus sacrificed today can surely not support these amendments.
Finally, I add my support to amendments that would make sensible and logical revisions. Amendment 1 would require the Secretary of State to monitor whether Rwanda remains a safe country. New clause 6 places conditions
“on when the classification of Rwanda as ‘safe’ can be suspended in accordance with material conditions and/or non-compliance with obligations”.
Sir John Hayes
The right hon. Lady will know that under this Government and previous Governments of all political colours, many people who came here illegally have been deported from this country. When that happens, it invariably does so notwithstanding claims they make about their circumstances. Sometimes, those are claims about their personal circumstances; sometimes, those are claims about the place they are being deported to and from where they come. On the basis of her speech so far, she would deport no one.
Dame Diana Johnson
I do not know whether I am grateful to the right hon. Gentleman for that intervention, because that is clearly not what I am saying. What I am talking about—the Home Affairs Committee is clear about this—is the rule of law, recognising the international obligations that this country has freely entered into, and doing things properly and legally. That is what I am questioning, because some proposals tabled by Conservative Members go to the heart of our common law, our belief in the right to go before a judge and our belief that if one is detained, it cannot be indefinite. Those are important matters that are before us today.
I want to get a couple of other things on to the record. Going back to amendment 1 and new clause 6, while the Government have determined in the Bill that it is possible to stipulate in law that Rwanda is safe—as we know, that is to the contrary of a finding of fact by the Supreme Court—it does not seem sensible for the Government to propose that that status should be fixed forevermore, which would, by extension, make Rwanda the only country on Earth in which nothing can ever happen or change. As such, amendment 1 and new clause 6 have merit; I hope the Minister will consider them.
Amendments 35 and 37 would allow the courts to consider the risk of refoulement in decisions on removals to Rwanda. Given that the Supreme Court ruled unanimously that the Rwanda policy was unlawful precisely because there were substantial grounds to believe that refoulement could take place, those amendments also have merit.
I understand from media reports that when the Minister gets to his feet, he will give some undertakings about increasing the number of lower level judges—or, I should say, moving lower level judges up to the upper tribunal—to hear any appeals. That is apparently to deal with some of the concerns of Government Members. The Home Affairs Committee is concerned generally about the lengthy delays in court cases. In particular, in one of our recent reports on the investigation and prosecution of sexual offences, particularly rape, we were worried about how long it was taking for those cases to be heard.
I am concerned about the Government’s initiative—perhaps I am prejudging what the Minister will say, but it is being reported in the press—given the amount of resource and finance that will have to be put into training up 150 judges. It strikes me that they seem to be using an enormous amount of political time and resource on this policy. I look forward to what the Minister has to say about increasing the number of judges when we have so many other problems in other parts of the court system that they have not so far been able to deal with. That concludes my remarks on today’s amendments.
Sir Robert Buckland (South Swindon) (Con)
It is a pleasure to follow the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee. I rise to speak to amendments 28, 29 and 30 tabled in my name. Although they would amend clause 9, they relate to the operation of clause 2; hence their selection for debate today.
It is important that we focus on what clause 2 actually means, what its effect is and what the changed reality is with regard to the position in Rwanda—and, indeed, the position between the United Kingdom and Rwanda—since the decision of the Supreme Court in November and since the facts on which it based its decision, which relate to the spring and early summer of 2022. There is no doubt that matters have moved on significantly. We have not only a treaty between the United Kingdom and Rwanda, which was signed late last year, but an indication in the form of a policy document published by the Government, and indeed further information, as to the hard and fast changes that the Rwandan Government will be making to, in effect, answer the questions asked of it by the Supreme Court decision.
The Supreme Court decision really was not about the law; it was about the evidence. When we look at what the Supreme Court justices decided, we see that it was very much narrowed down to whether refoulement was still likely, bearing in mind the position of Rwanda. The Court decided that it was, and that is the sole reason why the policy was held to be unlawful. Other grounds were tendered in that case, including one on retained EU law. A specific ruling of the Court was that that did not apply; the law was clear that that part of retained EU law had fallen with our departure from the EU. Other aspects of the appeal were not ruled on by the Court. The decision was not, for example, based on compatibility with the ECHR. Importantly, the decision was not based on a challenge, which was upheld, to the legality of the removal of people to third countries.
In my view, it is neither illegal nor immoral to seek third-country assistance when it comes to this unprecedented challenge. Indeed, other European countries either are doing it or wish to do it. My right hon. Friend the Member for Newark (Robert Jenrick) was right to say that other countries are looking to what happens here and to the precedent that we might set.
In setting precedents, we have to tread carefully. That is why the amendments that I tabled are very much focused on the factual reality and the need to ensure that Rwanda does indeed carry out its policies. When we look carefully at the policy statement, we see that particular tasks will need to be completed, including new operational training for decision makers in Rwanda—I think the latest figures show that over 100 people have now been trained to implement the deal—and the need for clear standard operating procedures with regard to the reception and accommodation arrangements for asylum seekers, the safeguarding of their welfare and access to healthcare.
Of course, there needs to be strengthened procedural oversight of the migration and economic development partnership agreed in 2022 and the asylum processes under it. That means that bodies have to be set up—the new MEDP co-ordination unit and the MEDP monitoring committee of experts. The involvement of experts is needed, certainly in the early days of the decision making to be made by the new body, which will be set up by the Government of Rwanda. There will be a new appeal body that consists of panels of three judges, with subject-matter experts, including Rwandan judges and judges from other Commonwealth jurisdictions. All those details are important, because they go towards answering the question, which I think will be answered in the affirmative: that individuals in the scheme will not be at risk of refoulement and, therefore, there will not be a breach of the 1951 convention.
That reality has to match the deeming provision. I know that my hon. and learned Friend the Minister will be anxious to ensure that deeming provisions do not either perpetuate or encourage legal fictions. This is difficult law, but it is not unprecedented. Deeming provisions are used often in tax legislation. The leading authority is fairly recent: Fowler v. Her Majesty’s Revenue and Customs back in 2020 in the Supreme Court, in which Lord Briggs made it clear that deeming provisions creating statutory fictions should be followed as far as required for the purposes for which the deeming provision was created, but the production of unjust, absurd or anomalous results will not be encouraged. That is clearly somewhere that the courts do not wish to tread or to encourage, and neither should we as a Government or a Parliament.
We must dovetail the coming into force of the deeming provisions with the reality on the ground in Rwanda, so that we create not a statutory fiction but a series of facts reinforced by statute. That degree of care does not have to take ages—it can be done in weeks, bearing in mind the quick work that has been done already. That would go a long way to satisfying the natural concerns that many of us have about the use of such provisions. We understand why they have to be made, and we do not oppose the principle of their use, but I simply caution that we take care to make sure that we get that co-ordination right.
Many of us have been down the road of discussing ouster before, and it can take many forms. There have been examples where ouster proceedings and clauses have clearly not worked, and they are not the sole province of this Government. Previous Labour Governments tried to enact bold and sweeping ouster clauses, only to find that their efforts fell flat either before the Act became law or as a result of court intervention. I think of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, when Labour tried to be too extensive and expansive.
Experience has taught us that where we have clearly defined reasons—and, importantly, limited exceptions—ouster clauses will work. We had a recent example of that in the removal of the Cart jurisdiction in the Judicial Review and Courts Act 2022, where my hon. and learned Friend the Minister finished the job that I started. In the consultation on the judicial review, my noble friend Lord Faulks and others embarked upon those provisions at my direction. That worked—it has been tested not just in the High Court but in the Court of Appeal in the Oceana case, and it is held to be sound and watertight. Why? Because there was a clear rationale behind it, and there were limited exceptions. Herein lies the danger posed by the otherwise well-intentioned amendments by my right hon. and hon. Friends: without those limited exceptions, we are setting the Bill up to fail. That is what history has taught us.
I am a strong believer that it is from this place that the core of our constitution comes. It is from Parliament that our constitutional authority is derived. To contradict the hon. Member for Aberavon (Stephen Kinnock), who in many respects couched his remarks well, we do not have a separation of powers constitution. We have a checks and balances constitution, where each part of the body politic respects each other. I do agree with him that restraint is an important principle.
Sir John Hayes
My right hon. and learned Friend is making a profound and important point about the nature of the separation of powers. There is a lot of misunderstanding about it. The separation of powers is not about equal bodies or each of those bodies performing the same role. As he describes, it is entirely a matter of the balance between those bodies. This House is the body that makes laws. Judge-made law is something he and I have debated, discussed and agreed on many times, and it is invidious because, as I said earlier, this House is supreme when it comes to making or changing law.
Sir Robert Buckland
I entirely agree. My right hon. Friend and I are both romantic Tories of an old school, which might surprise many Members. We share that common fount of Toryism that is important to us both and, within that, we utterly respect the independence of the judiciary. It is a separate part of our constitution. To trespass upon its domain—as, sadly, in the Post Office case we have had to—is something that we do extremely reluctantly, and I hope in a very rare and unique way in that tragic and scandalous example.
Richard Graham
I want to bring my right hon. and learned Friend back to the amendments. Does he agree that between the absolute conviction of the hon. Member for Aberavon (Stephen Kinnock) and the Opposition that the Bill cannot ever work, and the absolute conviction of my right hon. Friend the Member for Newark (Robert Jenrick) that it can work only with his amendments, there is a landing space where we can deliver something that will make a difference and will act as a deterrent, without getting rid of all the individual rights in our domestic and international law? That is what we should aim to achieve.
Sir Robert Buckland
My hon. Friend puts the point very well. There is a landing space for this policy. I disagree with Her Majesty’s loyal Opposition and their leader when he said that he would not support the Rwanda policy even if it worked. Frankly, that is an extreme position and not one that chimes at all with what the British people want, because they want solutions to these problems. This party and this Government are coming up with solutions. They might be novel or untested, but at least we are working on it.
Robert Jenrick
My right hon. and learned Friend is generous in giving way. With all his experience as former Justice Secretary, is it his view that the Ministry of Justice will be able to recruit hundreds of tribunal judges—from where, I do not know—and use them to process and decide the claims that will surely come from each and every illegal migrant who comes across the channel, in sufficient speed that we do not fill up our detained estate capacity and have to bail those individuals, so that they abscond, even in the peak season of August and September? His professional opinion would be much appreciated.
Sir Robert Buckland
I will give, if not a professional opinion, my right hon. Friend an opinion born out of experience. Anything is possible, but it is quite a task. I am sure that my right hon. Friend the Lord Chancellor will talk to the Senior President of Tribunals, Sir Keith Lindblom, about this very issue, to make sure that not just full-time but part-time tribunal chairs will be available to deal with a large number of cases. But if we can do that in immigration, can we not do it in crime as well, please? It is a timely reminder that our justice system is pretty important and, despite my best efforts to increase funding—which we did do—more needs to be done to ensure that the backlogs are dealt with. I declare my interest, and I know that my colleagues at the Bar would tell me off if I did not say that. To answer my right hon. Friend’s point, it will be a challenge and will require probably some changes to practice directions, and cases will have to be dealt with much more quickly than the status quo.
Danny Kruger (Devizes) (Con)
My right hon. and learned Friend is being very generous and I appreciate the speech he is making. On that last point, does he also acknowledge that the Government’s intention of recruiting a large number of extra judges implies that they expect a large number of claims to be made on behalf of migrants, rather than their being swiftly detained and removed, as we all wish them to be?
Sir Robert Buckland
I am inclined to be kind to my hon. Friend. It is probably not an either/or, but an and. He and the Government will want to achieve not only a further spur in dealing with current cases in the system, but any particular influx we might get because of novel points that will need to be tested. I am satisfied, having looked at the terms of the clauses currently drafted, that it is narrow. If not quite the eye of a needle, it will certainly be a pretty restrictive process. I remember feeling deep frustration at the time of covid in not seeing backlogs in the immigration tribunal come down, despite the fact that people were not coming into the country.
Robert Jenrick
My right hon. and learned Friend may not be aware that after has left office the current waiting time for an appeal before an immigration tribunal is 48 weeks. Given the thousands of cases we successfully cleared in the backlog—many of which, thankfully, have been rejected—that backlog is probably likely to double in the coming weeks. Currently, immigration tribunals will be taking between one and two years to hear a case.
Sir Robert Buckland
My right hon. Friend is right. He is building on the frustration that I had. That is not a criticism of Ministers. The way in which the Home Office was working did not seem to allow the expedition that was needed. I know that he and others have done a lot of work to improve that—by scaling up the number of officials dealing with cases and creating a sense of urgency with a wartime emergency approach that is entirely right—but I can tell him that back in 2020 I was deeply frustrated not to see a decrease in the backlogs, bearing in mind that in other areas we were actually making a difference and taking at least some benefit from the awful covid crisis. The challenge facing my hon. and learned Friend the Minister is significant and we should not pretend otherwise.
Richard Graham
The practice of Government, certainly over the last 14 years, has been that where there were bottlenecks—we saw them during the pandemic in the Driver and Vehicle Licensing Agency, the Passport Office and the Home Office—the answer to those questions was for Ministers to energise that particular department, recruit more people, allocate more resources and get the backlogs down. If it can be done in all those places, there is surely no reason why it cannot be done in this hypothetical instance of lots of extraneous claims by people to avoid extradition to Rwanda, given the very narrow scope allowed in the Bill.
Sir Robert Buckland
Where there is a will there is a way. I entirely agree with my hon. Friend. I do not want to detain the Committee unduly lengthily today—some would perhaps say uncharacteristically, but I really do not—[Laughter.] Self-deprecation takes you only so far in this place! I yield to my hon. Friend the Member for Stone (Sir William Cash) in that department.
To conclude, the Privacy International Supreme Court case from about three or four years ago is a warning. Where Governments, with good intention, try to overreach and wholly exclude a particular judicial review approach, they will often fail. In that case, we saw an inevitable consequence of a line of thinking that has gone back in our law for about 50 or so years since the Anisminic case. We have to be alive to that reality. We should not put the courts in a position where we end up with what was a highly contested case with dissenting judgments. In the end, it gives us a very important guide on how carefully we need to approach these matters.
I will not pretend that I can ever love notwithstanding clauses. I do not like them, because they create all sorts of internal conflicts. Those conflicts are not necessarily in international law—I am less interested in that; I am more interested in conflict in our own domestic law—but anything that this House does that is ambiguous, contradictory, self-contradictory or unclear serves only to draw the courts further into the realm of politics, where none of them ever want to go.
We do not have a constitutional court in this country and I hope we never, ever see one. Because of our unwritten constitution, we are able as a Parliament to legislate as we wish. But—this is the qualification—I said on Second Reading that the principle of comity, that mutual respect that needs to exist between the arms of the constitution, is one that means we need restraint and to take care when we legislate. However grave the situation might be—previous generations faced wartime challenges—we must remember that in legislating in this place, we do not protect ourselves out of the very freedoms we cherish.
At some point there will not be a Conservative Government sitting on the Treasury Benches, but a Government of another hue. I hope, having been in my party for nearly 40 years—I am much older than I look—that we do not see that day, but a day will come when we, as an Opposition, will be worried about an overweening socialist Government that will try to impose their will through the will of Parliament and will not show the restraint that we expect a democratically elected Government to show. That is why the challenges we faced during Brexit were exceptional. I do not think that, despite the maelstrom we all went through and some of the things we had to do to get that done, we should be seeking to normalise them now.
Sir John Hayes
My right hon. and learned Friend is once again right that this place should not act in an arbitrary way. I mentioned Dicey earlier and he will be familiar with Dicey’s view on that subject. But in the end our legitimacy is derived from the people and we are answerable to the people. On this issue above all others, the people expect us to stand by our pledge and to stop the boats.
Sir Robert Buckland
I agree with my right hon. Friend that we are not just another public agency. This is Parliament and this place has a particular status, position, responsibility and privilege—that word privilege that he and I know and cherish so much in its true sense—that means we are absolutely at the core of our democracy and our constitution. But it is also our responsibility to make sure that the legislation we pass works. I know that he and my hon. Friends who are supporting the amendments want this law to work—I absolutely accept that—but I say in all candour and frankness that I genuinely think the amendments they have tabled will make it less likely. I do not say that with any pleasure; I say it with a heavy heart. History has taught us that where, despite good intention, we end up being too expansive and we overreach, the check and the balance that exists in our constitution will then apply. All that we will do is end up having the sort of arguments about the constitution—not arcane to me, but arcane to many people—which, while important, do not solve the problem, and do not deal with the issue that is facing us as a people.
That is why I urge the Government today to ensure that the intention in the treaty becomes a reality, that Rwanda does what it says it is going to do so that we can avoid refoulement, and that we focus on the practicalities and also avoid more unnecessary legal clash. If I may paraphrase Matthew Arnold, ignorant armies clashing by night is something that we as Conservatives should seek to avoid at all costs.
Olivia Blake (Sheffield, Hallam) (Lab)
Let me begin by declaring my entry in the Register of Members’ Financial Interests, which refers to the help that I receive from the Refugee, Asylum and Migration Policy project, and my position as co-chair of the all-party parliamentary group on migration.
I agree with much of what was said by my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) about the process involved in the Bill and the way in which we are debating it today. This is our third immigration Bill in less than two years, and throughout that time Ministers and Back Benchers alike have engaged in progressively more inflammatory rhetoric about refugees without addressing any of the real problems in our asylum and migration system.
Alex Sobel (Leeds North West) (Lab/Co-op)
Many of the amendments relate to whether or not Rwanda is a safe country. Would we not be in a different place if there were a much broader range of safe and legal routes? We would not see small boats crossing the channel, and there would be no need for us to discuss whether or not Rwanda is safe, which is not helpful to Rwanda or to us.
Olivia Blake
I entirely agree. That is an important point, and we are struggling to get much sense out of the Government on it. I have asked repeatedly whether safe and legal routes are available to people trying to flee from parts of the world where genocide has been declared, but unfortunately the answer has always been “The safe and legal routes that exist are all that we will offer.” I do not think that that is good enough, and I think we need to have that conversation about safe and legal routes.
The problems that I have listed are the real, human problems. That is the real cost to human life and wellbeing that the Government’s “hostile environment” policy brings. This Bill is another example of Ministers’ doubling down on that approach, and the amendments tabled by Conservative Back Benchers—I believe they are amendments 10, 19, 20, 21, 22, 56 and 57—take it even further.
Tim Loughton
As the hon. Lady knows, I agree with her that we need to extend safe and legal routes—that is why I tabled my amendment previously, which I hope the Government will honour—but does she not also acknowledge that, even if there were safe and legal routes that could be used by legitimate refugees fleeing from genuine violence and oppression, the bogus asylum seekers who do not meet those criteria would still use people smugglers? That is why we need to be able to deter and clamp down on them so that they do not set foot on our shores.
Olivia Blake
We need the safe and legal routes first. The rates at which people are accepted as having a reasonable claim and are given a form of leave to remain in the UK are very high: in recent years, the rates at which applications are accepted have been as high as 67%. I do not believe that a large number of people are coming here illegally without good claims. Indeed, I think the opposite is true, given the evidence from our own systems.
Tim Loughton
That is an interesting point, but how does the hon. Lady explain the fact that France receives more asylum applications than we do but rejects twice as many? What are we doing differently?
Olivia Blake
I would hope that our system has the trust of its politicians and is robust enough to ensure that we are making the right decisions whenever possible, although I still believe that there should be an appeals process within that system. I cannot say that the system always gets it right, and that is certainly borne out by the casework that I have seen. It is more complicated than saying, “This action will reduce this and that action will increase that.” It is a very complicated system, and the most obvious thing to say about it is that in the past few years and months the second or third highest number of people arriving here in small boats has been people from Afghanistan. We are also seeing people fleeing from Syria and from all sorts of other complex and difficult situations at the moment. That does not take away from the fact that it is not necessarily about the nation those people come from and that it is also about their individual circumstances. I have spoken a lot about the rights of LGBT people and disabled people seeking asylum and how we need to make sure that any system maintains that individual view of an individual going through our system. That is a lesson that should be learned from the Windrush review.
At its core, the hostile environment is a policy designed to make life as uncomfortable as possible for everyone who comes here and to prevent anyone from accessing the support that international law says is rightfully theirs, and now the Government are proposing to outsource what little responsibility they have taken by offloading their obligations and offshoring refugees against their will. It is no wonder that they are recklessly declaring Rwanda as safe, despite the known risks. As the shadow Minister pointed out, since the Government signed their deportation deal, six people from Rwanda have been granted asylum here in the UK. Torture persists there, along with continued risks of refoulement to third countries, which is the reason I support amendments 35 and 37.
Human Rights Watch’s reports on Rwanda as part of its World Report series published in 2021, 2022 and 2023 all include examples of torture in Rwanda. In the UN Human Rights Council’s periodic review of Rwanda published in January 2021, it was the UK Government who criticised Rwanda for
“extrajudicial killings, deaths in custody, enforced disappearances and torture”.
The country has a continued history of breaching obligations under the refugee convention, and between 2020 and 2022 the UNHCR found that Afghan, Syrian and Yemeni asylum seekers had 100% rejection rate in Rwanda. Those are statistics that I am sure people would find shocking given our granting rate. It is common for discrimination and abuse to be faced by LGBTQ+ people in Rwanda. Same-sex marriage is prohibited, and LGBTQ+ people are not protected from discrimination by any specific legislation there. All this makes a mockery of clause 2 of the Bill.
Ministers can continue to use ad hoc Bills such as this one to paper over the cracks in their asylum policy, but the truth is that the foundations of their approach are completely rotten. Rather than chasing headlines, it is time they thought again and built an asylum system that puts respect for international law and basic human dignity first.
Sir Edward Leigh (Gainsborough) (Con)
Immigration is quite possibly the most important issue facing this Government or indeed any Government in Europe. It is the issue of our age, and mass immigration, whether legal or illegal, is undermining trust. This debate has to be held against the backdrop of the overwhelming numbers coming into our country. Sir Roger, you and I entered Parliament on the same day in 1983. During that year, net legal migration was only about 17,000. It is now 600,000. This debate about small boats is held against the backdrop of this huge influx into our society, on which the British people have not been consulted. It is changing our society and undermining the work ethic of our own people. Too many people are languishing on benefits. Perhaps some of our public services are not paying adequate salaries. We are bringing more and more people into this country, whereas we should be encouraging and training our own people to work.
The whole small boats crisis is made much more toxic by that debate. When people say, “Well, 40,000 people a year isn’t a great deal compared with the sort of numbers coming across the Mediterranean”, we have to see it in terms of that overall debate. Unless the Government can sort this out and actually stop the boats, which was the commitment made by the Prime Minister, it will be extraordinarily politically damaging to the Conservative Government and also damaging to the public’s perception of and belief in democracy. When the Prime Minister says he wants to stop the boats, he should stop the boats. That is why, tonight and tomorrow, I will support the amendments tabled most ably by my right hon. Friend the Member for Newark (Robert Jenrick) and my hon. Friend the Member for Stone (Sir William Cash). I tabled amendments 56 and 57, which I will explain in a moment.
Against this backdrop, we have an extraordinary and absurd situation in which people are arriving in Calais having travelled through an entirely safe country. There is no threat to their human rights. They may find it difficult to speak French, or they may not want to learn to speak French, and they may not be able to find a job, but they are in an entirely safe country. They are putting their life at risk—even this week, there has been an appalling tragedy—and we are encouraging the most horrible criminal gangs to get involved in this trade. They then arrive here and claim asylum.
Unbelievably, we are putting them up comfortably in hotels, which other European countries do not do. Even more extraordinarily, and I will not labour this point because I have made it many times before, such is the crisis in our hotels that the Government are now spending tens of millions of pounds on trying to convert former military bases such as RAF Scampton in my constituency—by the way, we have now been arguing about RAF Scampton for nine months and not a single migrant has arrived there. The court cases are still ongoing.
If we put ourselves in the migrants’ place, we can see that the draw factor to this country is extraordinarily high. First, we speak English. Secondly, unlike in France or Germany, they will be put in a comfortable hotel. Thirdly, they are given benefits. Fourthly, there is probably a 95% chance that they will be given asylum at the end of the process. If they have come from a hell-hole like Syria, Iraq or Afghanistan, why would they not want to take that risk? We must be mugs, frankly, and the rest of Europe must be laughing at us.
Patrick Grady (Glasgow North) (SNP)
The hon. Member for Rhondda (Sir Chris Bryant) also asked that question. If it is so attractive to come to the United Kingdom and nothing else has been a deterrent—if the risk to life of crossing the channel is not a deterrent—why should the prospect of being sent to Rwanda be a deterrent? If Rwanda is a safe and secure country where they can have a comfortable life, why should the prospect of being sent there be a deterrent?
Sir Edward Leigh
What is the hon. Gentleman’s solution? When Opposition Members make these arguments, they have to say what on earth they would do. I agree with the Opposition on one thing: with modern surveillance technology, drones and all the rest of it, it is a mystery why we are not managing to stop more people. With modern police efforts, it is a mystery why we cannot interdict more of these criminal gangs.
It is so easy to get involved in this trade. We close down one criminal gang, as the Opposition want to put more resources into doing, and another springs up. It is incumbent on the Opposition, given that we are such an attractive country, to explain how on earth they would stop this trade. I question whether we can proceed with the policy of keeping people in hotels, paying them benefits and approving 95% of applications when they have come through a safe country.
The problem I have with the Government is not their Rwanda policy because, looking at Australia and elsewhere, I accept that the only policy that seems to have any chance of discouraging this mass movement of people is offshoring. My argument with the Government is that, if we pass this Bill and keep passing Bills, such is the nature of our legal system that people will make spurious claims based on their political opinions, which will make it impossible for them to be put on a flight to Rwanda. That is the nature of my amendments, which is why I talk about spurious claims.
Alison Thewliss
The right hon. Gentleman is talking, quite ridiculously, about people concocting stories—I feel that he is perhaps concocting one himself. Will he tell me when he last spoke to an asylum seeker?
Sir Edward Leigh
They may not concoct it; it may be entirely true—we do not know. However, what we all know is true is that every asylum seeker who arrives in Dover will say that they cannot be sent to Rwanda because of their own personal history, and every single one of us would do the same thing.
Last year, we had the farce of the judgment issued by the Council of Europe, which we will be discussing in more detail later. I have been a member of the Council of Europe for 14 years. We now know that this ex parte judgment, this rule 39, was perhaps not delivered according to international law, and apparently, in discussions with the European Court of Human Rights, we have now sought assurances that it is going to be tidied up. But even if our own courts allow somebody to proceed through them, with their case to be heard, even if we manage to appoint a sufficient number of judges, even if the person does not create a history and even if our own courts allow them to be put on a flight, there is this right of appeal to the European Court of Human Rights. We therefore have no certainty that these cases will not be heard and delayed.
I accept that this is the toughest Bill we have ever had. It is a good Bill in its own right. If we had produced it two years ago, we may have been getting people to Rwanda by now, but time is running out. We have perhaps nine months until the next general election. If we do not amend the Bill, we could end up in the worst possible situation, where we, as a Government, say that we are committed to stopping the boats, we have passed the necessary legislation and then we have egg all over our face because nobody is actually put on the flights. We will look extremely stupid.
In my view, the only solution is that when people arrive here, as my right hon. Friend the Member for Newark said, they are detained, but within a matter of days they are offshored, and the only justification for not being put on a flight is a proper medical condition. That is the only way we will get people on these flights.
Richard Graham
May I posit a slightly different approach? As my right hon. Friend says, all of us on the Government Benches want to do something about the problem. There are Opposition Members who are quite happy to subcontract our immigration decision making to the evil people smugglers operating small boats across the channel, but we are united on trying to do something. The only issue on which we differ is the extent to which we wish to override domestic and international law on individual human rights. My right hon. Friend has stood up for his constituents in their most difficult times, so he will understand that to do so would be a massive step that most of us on the Government Benches are not prepared to take.
Is my right hon. Friend prepared to see the Bill through, in the face of opposition from those who, at times, risk looking as if they are keener on putting sub-postmasters in jail than illegal immigrants, and make sure we have an option and a deterrence that will almost certainly work? Or is he prepared to sacrifice that huge step forward on the altar of an amendment to try to rule out all possibility of any individual human rights complaint being upheld?
Sir Edward Leigh
To be fair to my hon. Friend, I do not like what I am suggesting, but we are faced with a national crisis and we have to look at our own experience of what has and has not worked. We all know that overwhelmingly the people who are crossing are economic migrants. They are all perfectly nice people—I make no complaint about them personally; they are just trying to get a better life—but we all know the truth is that they would do anything to avoid being put on one of these flights.
I agree with my hon. Friend that we would not normally want to circumvent human rights, but in this case we know that is what is going to happen. We are almost arguing on the head of a pin about legal uncertainties, when we know from practical experience that everybody will appeal and be able to create a credible case, based on personal political involvement, mental health or some other reason, and nobody—or only a derisory number of people—will be put on the flight. The Government should grasp this nettle and accept these amendments, although I fear they will not. If they do not, we will be in a very dangerous place in relation to public opinion.
Ruth Jones (Newport West) (Lab)
It is always interesting to follow the right hon. Member for Gainsborough (Sir Edward Leigh). I am pleased to have the opportunity to speak to the amendments tabled by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary.
As we consider the amendments and new clauses before us, I start by acknowledging, as my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) has done, how awful it is that more lives have been lost this weekend in the cold waters of the channel. More families are grieving while dangerous criminal smuggler gangs are making huge profits from these perilous boat crossings, whenever the weather calms. They must be stopped before any more lives are lost and that requires action, but it must be the right action.
The Tories are in total chaos about this failing scheme, which is costing the British taxpayer £400 million with more money promised, even though not a single asylum seeker has been sent to Rwanda. Every new detail of the plan is more farcical than the last and, as we know, more Home Secretaries have been sent to Rwanda than asylum seekers so far.
Even if the Tories get the scheme off the ground, it will cover less than 1% of people arriving in the country, or people in asylum hotels, making it astronomically expensive. That is why I support new clause 6, in the name of the shadow Home Secretary. This would place the monitoring committee for the Rwanda treaty on a statutory basis, and place conditions on when the classification of Rwanda as “safe” can be suspended in accordance with material conditions and/or non-compliance with obligations under the Rwanda treaty. This new clause is absolutely the right thing to do, and I urge Ministers to look at it very seriously indeed.
In April 2022, the British Government and Rwanda signed a memorandum of understanding to provide a Migration and Economic Development Partnership. It is a five-year agreement, from 2022 to 2027, and, under the deal, the UK pays Rwanda large sums of money as part of its economic development fund, which has no impact on the asylum system. In return, Rwanda has agreed to take responsibility for some of the people who arrive in the UK on small boats. Those people will be removed to Rwanda where their asylum claims will be processed, but the UK will have to pay extra costs for asylum processing, decisions and support.
In June 2022, the European Court of Human Rights issued an injunction that halted the first attempted removals until legal proceedings had concluded in the UK courts. The High Court backed the policy; the Court of Appeal declared it to be unlawful. In November 2023, the UK Supreme Court upheld the Court of Appeal judgment and ruled unanimously that the Rwanda policy was unlawful because there were “substantial grounds” to believe that people transferred there could be sent to countries where they would face persecution or inhumane treatment—a practice known as refoulement —if Rwanda rejected their asylum claims.
That is why new clause 6 is so important and would be a welcome addition—and a much needed one at that—to the Bill. Through our Front-Bench amendments, Labour has tried to guide Ministers in the right direction and, importantly, to stand up for our values and our commitment to the strongest border security. That is why Labour’s plan is so important and has my support.
Labour’s plan will strengthen our border security and smash the criminal gang networks and their supply chains with new powers and a new cross-border police unit, so that we stop the boats reaching the French coast in the first place. We will clear the backlog with new fast-track systems, end hotel use—saving the taxpayer more than £2 billion—and improve enforcement with a new returns and enforcement unit to reverse the collapse in returns for those who have no right to be here.
We on the Labour Benches believe in strong border security and a properly controlled and managed asylum system, so that the UK does our bit to help those fleeing persecution and conflict, but returns those who have no right to be here. That is why new clause 6 is so worthy of support from across the Committee. It means that we stay true to who we are—good neighbours, committed to doing what is right and to standing up for those most in need. That is the kind of global Britain that I am committed to.
Getting this wrong would not just be a cost to our reputation; this whole scheme has a massive financial implication too. The full costs of the Rwanda scheme have not been disclosed and what details are available have emerged in a haphazard way, through Home Office documents, official letters, comments in Parliament and a leak.
Sir Matthew Rycroft has said that he is “not at liberty” to disclose the full costs as they are contained in a “confidential” memorandum of understanding between the two Governments, saying that it was “commercially sensitive” information. He said the Home Office annual report and accounts sets out details of the costs for the relevant financial year—the report is usually published in July. However, the Government have set out the costs for future years for the UK’s security collaboration with France. In addition to payments of at least £232 million between 2014 and 2023 to combat illegal migration, the Government have agreed to pay the French sums of £124 million this year, £168 million next year and £184 million the year after. These costs were set out before the payments were made in a public document. This is why our Front-Bench amendments are so important. This Bill is way off the mark, as are the motivations behind it. Anything we can do to improve it should be a priority.
Let me turn specifically to amendments 35 and 37, which also have my full support. Amendment 37 would ensure that decision makers are still able to consider the risk of refoulement when making individual decisions on removals to Rwanda. Amendment 35 would permit courts and tribunals to deal with systematic risk of refoulement from Rwanda. Those are two important amendments, and I urge the Minister, as I did with new clause 6, to think carefully about their merits.
Mr Roberts
Good afternoon, Mr Evans, and thank you for calling me to speak in this important debate in reference to my amendments 1, 2 and 3 to the Bill and some others that I will cover during the course of my remarks. I am not a lawyer or an immigration specialist, but I have sought advice, done my research and, above all, spoken to the people of my constituency.
This is the first time that I have been sufficiently animated to speak in a debate on this issue. Contrary to what we hear regularly from hon. and right hon. Members, when I walk the streets of Delyn and speak to my constituents, almost none of them raise the issue of illegal migration as being among the things they are most concerned about. I appreciate that rural north Wales is a different place to many constituencies, but it is worth noting for the record that it is not the priority of everyone in the country. They would rather the Government spent more time improving public services, making our streets safer, returning us to a period of greater economic stability and—dare I say it—aiming for prosperity, but here we are in another effort to solve the intractable problem of small boat crossings with this Bill.
Some elements do not necessarily sit well with me, but some of the amendments, sadly, sit even worse. Some of the rhetoric that we hear on this subject is quite alarming. I have tried in my small number of amendments to apply a little common sense and compromise, neither of which appear to be in abundant supply when it comes to discussing this issue.
I listened carefully to the right hon. Member for Newark (Robert Jenrick), who is sadly no longer in his place, who spoke passionately on this issue and answered my question and others put to him in interventions very well, but I cannot help but retain a feeling of the fundamental unfairness of some of his amendments. I will expand on that later.
Turning to my amendments, amendment 1 seeks to compel the Home Secretary to confirm on an ongoing basis that Rwanda remains a safe country. I have no interest in restarting the debate about whether it is safe now; for the purposes of this legislation, we assume that it is. What I am trying to address in the amendment is the political and social instability that exists in many parts of Africa, and that regime change is more common in that part of the world than any other.
It will be 30 years this year since the horrific Rwandan genocide in 1994, and a lot of things have happened in those years, largely down to stability and the steps taken by President Kagame. It is probably worth noting that since 1994, Rwanda has had two Presidents, whereas the UK has had eight Prime Ministers of varying levels of honesty and competence. It might therefore seem unusual to table an amendment on regime change, but it is a real concern none the less.
In 2021, coups d’état ousted four Heads of State in sub-Saharan Africa. Elected leaders in other African nations were accused of enacting a more authoritarian approach, presumably to stave off a similar rise of forces against them. Between 2017 and 2019, President Bouteflika of Algeria, President al-Bashir of Sudan and President Mugabe of Zimbabwe were ousted after a combined 90 years in power. In a paper released two years ago almost to the day, experts from the London School of Economics and Political Science showed that,
“their removal, rather than a direct consequence of mass protests and economic downturns, was the culmination of ripened factionalism, which had blossomed after the leaders’ attempts to centralise power.”
That simply illustrates the potential volatility of politics in the region and the rationale behind my amendment. It is not an onerous requirement that the Home Secretary must lay before the House a report every 12 months confirming that Rwanda remains safe. As a responsible partner to various international agreements and conventions, it would seem the least we should do in that regard.
I will take amendments 2 and 3 together, as they are related, as well as commenting on other amendments on the same issue. As a layperson who is not legally trained in any way, but hopefully has a decent dose of common sense, I find it unthinkable that individuals against whom any kind of judgment is made would not be allowed the right to appeal against that judgment. That type of thinking puts our legal process back 100 years; it is frankly beneath us and beneath what this Parliament should stand for.
We have in this country a robust and well-established legal system, from magistrates to county court, Crown court, High Court, Court of Appeal and finally the Supreme Court, with various tribunals and other such devices for specific purposes. As a matter of law and simple fairness, we allow people to question and appeal. Shoplifters can appeal. Car thieves can appeal. Abusers can appeal. Perpetrators of domestic violence can appeal. Rapists can appeal. Murderers can appeal.
I have listened carefully to the arguments of some of my colleagues, both personally and what has been said in the House and in various media outlets. I feel compelled to conclude that the trend towards dog-whistle politics and putting the label of enemy on people where no such label needs to apply seems to have got the better of some people. I point out to colleagues that although it is often the noisiest voices that call for migrants simply to be rounded up and shipped out, the noisiest voices are almost certainly not the voices of the majority of the people of the United Kingdom, which is and always has been a welcoming and kind country to those in need.
We can point to all manner of schemes to show that that has been the case. Even recently, between 2015 and June of last year, more than 179,000 people arrived in the UK from Ukraine. Over that same period, more than 123,000 people have come to the UK on the basis of being granted British national overseas status and more than 50,000 people have come as part of the Afghan and Syrian resettlement programmes. We are a kind and supportive country to those in need—but have we become what many consider to be a soft touch? Perhaps in some ways we have.
I look at the movement of people in two distinct ways: they are either moving away from something or moving towards something. What I mean by that is that some people are, as we all know, in a horrific situation. Whatever people think of the Government in the UK, it does not carry out large-scale attacks against its own people, as we have seen in Syria, and the Government of the UK does not routinely persecute and incarcerate people who dare to speak out against them. Of course we recognise that people in many places across the world need to flee. They need to move away from that situation.
Where I end up, however, and where I have sympathy with some of the arguments made by those on the right among Conservative Members, is that there is a clear and distinct dividing line between someone moving away from danger by necessity and someone moving towards something else by choice. That is where much of the message is lost and drowned out by noisy activists on both sides, when a calm and common-sense approach to thinking about the problem would make it very clear. Those people I mentioned earlier, in danger and in fear of persecution, incarceration or worse, must of course do all they can to remove themselves from that situation and to save their lives and those of their families. I have absolutely no problem with that.
Where the problem lies, however, is that once there is no danger and the fear of persecution, incarceration or worse has passed, movement is out of choice rather than necessity. People are then moving towards something they consider preferable, rather than away from danger—the danger is over. I completely understand the arguments and the confusion about why people need to move from France, a perfectly safe country. Aside from the occasional street protest, and baggage handlers battering luggage when they actually turn up for work, France is a civilised, modern and, above all, safe country where people are not in danger, so people who come from there are no longer seeking to escape but are in fact moving towards something preferable. That is where the arguments of certain charities and some Opposition Members sadly lose their credibility.
The problem is that, once they have made that journey across the channel, they are our responsibility, and we simply cannot send them back unless France agrees to take them, which it will not—why would it? Aside from the fact that the French have no desire to increase their own problem, we have just spent the last decade calling them and their friends everything under the sun and saying that we do not want anything more to do with them, so of course they are not inclined to help us deal with this problem.
What do we do when we cannot just send people back and have to deal with the situation ourselves? We have heard many Opposition Members say that we cannot do this or that, but no one has said, “Here is what we would do instead.” Many people have said throughout the debate that there is no capacity in the UK—that we do not have enough houses for everyone, or enough doctors, dentists, hospitals schools or general infrastructure for even our existing population—and they are right. Relocating asylum seekers to a safe third country is a long-established mechanism used all over the world—it is nothing new—but I do not like the push for a lack of due process in order to remove people’s rights in favour of speed, expediency and a populist movement.
Amendments 2 and 3 would balance those competing needs by allowing for appeals if they are heard remotely from Rwanda post-deportation, which seems perfectly feasible. If covid taught us anything helpful, it was that we could be a lot more flexible in our use of technology than we had been. Since 2020, courts have been rapidly moving online: the cloud video platform was introduced in response to the pandemic, and a video hearing system is already being used nationally in tax and property tribunals, as well as in Chester Crown court, not far from my constituency. By all accounts, it works seamlessly and is a great success. His Majesty’s Courts and Tribunals Service plans to transition to a new service of video hearings covering more areas, so it seems perfectly reasonable for the same technology to be used to hear appeals against asylum decisions.
As the Government have considerably narrowed the eligibility of appeals in clauses 2 and 3, the chance of any eligible claim rearing its head is negligible, so there is no reason that individuals cannot continue to be removed before having their appeal heard via a Government-established video conferencing facility in Rwanda. I am aware of the established principle laid down in law, in the European convention on human rights, that people cannot be removed to Rwanda if there is an imminent and foreseeable risk of serious and irreversible harm. The Government rightly need to pay heed to that situation, as the UK is very much a signatory to the ECHR—a situation that should not even be considered for change.
As the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), mentioned, it would not be appropriate simply to ignore that rule. I thank the Minister for the time he took to address that concern in relation to my amendment and to explain why he did not feel that my proposals would be possible. I completely accept his explanation and am pleased to have had it confirmed by the right hon. Lady earlier, but I hope that a simple common-sense approach will be taken in the aftermath. For example, colleagues have expressed concern that women who are heavily pregnant might be able to appeal on the basis of being unfit to fly. I hope that the process will recognise that anyone determining themselves fit enough to take a 30-mile journey across a dangerous sea in a barely floating craft that could capsize at any moment cannot then claim to be unfit to take a flight in perfectly comfortable and safe conditions.
Michael Shanks (Rutherglen and Hamilton West) (Lab)
It is a pleasure to follow a contribution that was slightly more rational than those we have heard from a number of Members on the Conservative Benches during today’s debate. This is my first Committee of the whole House, and it has been an interesting experience. We have had 17th-century constitutional and political lectures, analysis of the US constitution and, really interestingly, the suggestion from a number of Conservative Members—which slightly lets the cat out of the bag—that this policy is all about the upcoming general election and how quickly we can get flights off the ground before that happens. We have heard very little about whether the Bill actually contributes to an effective immigration strategy.
I rise to speak in support of new clause 6. I have spoken in various other debates on this legislation and outlined my objections. It is a fundamentally ridiculous proposition that is becoming increasingly ridiculous as we see the Tory psychodrama playing out in front of us—slightly less dramatic this time than it was in December, but I am sure that will change—and pulling the Bill in two completely opposing directions while the Government still claim that it is an entirely workable policy. It has the dubious distinction of being a policy that is both utterly immoral and completely ineffective, at the same time as costing an extraordinary amount of money. It is seemingly not even supported by the Prime Minister, yet here we are, debating amendments that will take the Bill even closer to breaching international law—if it does not already—and further diminish Britain’s standing in the world. The Bill should be voted down on Third Reading, and from the looks of the Tory chaos it might well be, but for now we have an opportunity to try to make it a little better with some safeguards.
In my view, new clause 6 should be completely uncontroversial. If the Government genuinely believe that Rwanda is a safe country—if they believe it is able to meet all the expectations placed on it in the Rwanda treaty—why should there be any hesitation at all about putting the monitoring committee on a statutory footing? That would ensure that Rwanda’s status as a safe country can be suspended if the facts change—if we uncover additional evidence that perhaps it is not a safe country, if the political situation changes, or if the Foreign Office changes its travel guidance. Surely those are basic things that would lead us to question the safety of Rwanda.
It is on that evidence base that I will focus my remarks. As has been discussed, clause 2 of the Bill is an attempt to replace facts with legally binding fiction. The Bill might be said to legislate for a lie—to make something that is not true on the evidence we have seen true in the eyes of the legal establishment. It was Orwell who wrote:
“In the end the Party would announce that two and two made five, and you would have to believe it…the very existence of external reality…was tacitly denied by their philosophy.”
We are in that situation now: “Forget the evidence to the contrary. Just take our word for it: this is fact.” Through new clause 6, we have an opportunity to ensure that if evidence of human rights abuses or the mistreatment of migrants were to emerge, there is a mechanism to suspend the Government’s alternative truth and make legal decisions in our courts on the basis of reality.
It is risible that this is even debatable. Given the security situation near the border with the Democratic Republic of Congo and Burundi, which the Foreign Office, in its own international travel guidance today, says makes Rwanda “unstable”, is it not a sensible precaution to introduce a protection saying that if the Foreign, Commonwealth and Development Office were to advise against travel to Rwanda, the statement that Rwanda is a safe country for migrants should be suspended? Otherwise, we have a Bill that the Government seek to make into law that simply says that in perpetuity, no matter what, Rwanda is a safe country.
The 137 pages of the Home Office’s information note on human rights, which it published this week, make for interesting reading. I spent some time reading all 137 pages, and I encourage Members to do so, although I wonder how many have. In some ways, when I was reading it, I was surprised that the Government had actually put it on their website, given the litany of evidence it presents on why Rwanda cannot in all seriousness be declared a safe country. It details examples of the state prosecuting political opponents, deaths in police custody, unofficial detention facilities, police torture, ill treatment and torture in custody, the recruitment of child soldiers as recently as last year, and countless other breaches of human rights law. It also covers the questionable strength of Rwandan Government institutions to challenge those breaches, so I do wonder whether the Government have read their own evidence pack.
To add to that, this week the UNHCR has provided further evidence, updated just yesterday, that the UK-Rwanda scheme does not meet the required standards relating to the legality and appropriateness of the transfer of asylum seekers. It states that the scheme is therefore
“not compatible with the international refugee law.”
It cites numerous concerns about fair and efficient procedures in Rwanda for handling asylum applications and the continued risks of refoulement, and it concludes that this
“undermines the universality of human rights, has implications for the rule of law both domestically and internationally, and sets an acutely troubling precedent.”
The evidence is clear on the Government’s own website that Rwanda cannot be defined as a safe country, but even if we were to accept that it is a safe country, surely new clause 6 gives scope in the future should circumstances change—even if it is the Government who decide that—to suspend the idea that it is a safe country and allow the courts to make their own decisions.
Although voting down this entire Bill on Third Reading is the right course of action, we should at least try to do what we can to make it slightly more sensible—to oppose some of the amendments tabled by Conservative Members that would take us even further towards breaching our international obligations, and to support amendments that seek to make it slightly more sensible. New clause 6 is a sensible amendment that I would encourage Members to vote for.
This Bill must be defeated and the policy it seeks to enact must be abandoned. It is hugely costly and it is ineffective. With the news this week that, as Members have said, five more people have been tragically killed in the freezing cold waters of the channel trying to make their way to this country, it is time to move beyond these gimmicks and the appeasement of the extremes in the Conservative party and to deliver some workable policies.
Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
It is a pleasure to speak in the debate. I rise to speak in support of the amendments standing in the names of my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Newark (Robert Jenrick), who I believe has shown considerable political and personal courage during the course of this legislation to date.
I want to open my remarks by saying how strongly I believe in the principles of the Rwanda scheme. It is imperative that we break the business model of the people smugglers in a way that means the trade is not merely dented but ceases. We have heard platitudes, I fear, from Opposition Members about how if only we worked a bit more closely with the European law enforcement agencies, everything would resolve itself. Of course, would that that was so.
I can testify not only from my own time in Government but from having spoken to Ministers in the Home Office both currently and previously that a litany of work is under way to make sure that we bear down on this evil trade, and it has had some success. Crossings are down by approximately a third on their peak in 2022, and there has been enforcement action ranging from the French coast right through to dinghy sales in Bulgaria, which testifies to the fact that the UK is working at pace with our partner agencies to try to end these crossings. However, unless we address the root causes, we will always be left dealing with the consequences of the problem. That, I am afraid, is not acceptable to me and, much more importantly, it is not acceptable to my constituents or to the people of this country.
Just this weekend we had, as the hon. Member for Rutherglen and Hamilton West (Michael Shanks) said, a tragic reminder of the human cost of allowing this trade to persist. Clearly it also has serious consequences for the United Kingdom. It makes a mockery of our border security and damages social cohesion. The accommodation costs alone of our asylum seeker population are somewhere in the region of £8 million a day, and that is before the through-life costs of these people being in this country. It also compromises our security, as the awful murder in Hartlepool a few months ago made clear. We do not know—we cannot know—who is coming into this country, and that is a serious and substantial risk that it is incumbent on us to acknowledge.
As my right hon. Friend the Member for Newark alluded to, the test that faces us as legislators is simple: will this legislation work? It is not, “Is this legislation the strongest ever?”, although for the record it is, but it is still likely to prove insufficient. Still less is the test, “Is this as far as the Prime Minister is willing to go?” There is a crisis of faith in our politics. That boils down, as it has done for a number of years, spanning the Brexit debate and the causes of that, to whether we as Members of Parliament mean what we say. Is our word worth anything? Are we capable as a country of asserting our national sovereignty? Are we as a country capable of policing our borders?
I welcome the fact that the Government have decided that we now need to derogate from parts of the Human Rights Act 1998, which is welcome, brave and commendable. We now need to follow that logic to its conclusion. As amendment 10, in the name of my hon. Friend the Member for Stone, sets out, we should set out clearly and unambiguously that this Act will have effect notwithstanding the Human Rights Act. We must also close the loopholes that regrettably remain in the legislation. We have proposals to do so, with an accompanying legal opinion from John Larkin KC, the former Attorney General for Northern Ireland.
As my right hon. Friend the Member for Newark set out eloquently a few hours ago, we must in particular strengthen provisions against individual claims, as opposed to the general principle of the safety of Rwanda. It is welcome that we are asserting that, but it will be critically undermined unless we can stop the profusion of individual claims that will materialise, not least with the help, I am afraid, of the creative legal fraternity, if we do not close off that route.
Contrary to what the hon. Member for Delyn (Mr Roberts) said a few minutes ago, we are not excluding appeal rights entirely. If, for example, someone is seriously ill, they will not be eligible for removal to Rwanda under the amendment of my hon. Friend the Member for Stone. However, we must make it clear that we will not tolerate the abuses—and they are abuses—that we witness day in, day out under the current system.
We must also make clear in the Bill that rule 39 interim injunctions from the European Court of Human Rights in Strasbourg will not have automatic binding effect. That is something that I think many of us regarded as a settled issue. Anyone who watched the Prime Minister’s appearance on the Kuenssberg show on the BBC just 10 days ago will have seen that he was unable to offer that guarantee. He was unable to offer it in good conscience, because here we enter the contested territory of what the Attorney General is prepared to sign off and what the ministerial code will allow. That goes to show precisely why the issue is so pressing. If we do not assert it as a sovereign Parliament in the Bill, it is highly likely that the issue will rear its head again in the months ahead.
Failure to close the loopholes will mean that, as my right hon. Friend the Member for Newark said, we will face pressing operational problems that will significantly impair, and perhaps totally frustrate, our ability to pursue what this side of the Committee wishes to deliver. Our court system will be overwhelmed, our detained estate for asylum seekers will be overwhelmed, and the public’s patience will be exhausted. We have marched the British public up this hill not once, but twice already and failed both times. This is our third attempt. The Government’s own estimate, as we know, is that as we stand today, the Bill’s best chance of success can be rated at around 50:50. That is simply not adequate.
Mr Roberts
My right hon. Friend is making a powerful speech. I am curious, and it is possibly my procedural unawareness that leads me to ask this question, but if this Bill is voted down tomorrow evening on Third Reading, is it not the case that we will not be able to bring anything else back within this Parliament, on the basis that we cannot ask the same question twice if it has already been negatived? He said that it is not an ideal Bill, it is flawed and its success is 50:50 at best, but if he votes it down, there is surely a zero per cent. chance of anything happening.
Mr Deputy Speaker (Mr Nigel Evans)
Order. I remind Members that when intervening they should please look forward, so that their voice, mellifluous as it may be, can be picked up and the Hansard reporters can get the words down accurately.
Sir Simon Clarke
I thank the hon. Gentleman for his intervention. It is possible to bring back a Bill on this issue, providing there is a substantial difference in what is brought forward from what we are debating. I would argue that a Bill that was not focused, as this one is, on the general safety of Rwanda, but on the wider enforceability of our immigration law could be brought forward in this Session.
It was a regrettable farce—I use the word advisedly—in the previous Parliament of which I was a Member that the overt bias of the then Speaker, Mr Bercow, meant that we were frustrated when we attempted to deal with this issue in the context of Brexit. If the Government do not support amendments to the Bill—I hope they will—I do not anticipate that situation arising in what would be the happy event of their coming forward with a new Bill that goes further on these points so that they can command the support of the whole of the Conservative party.
Sir Simon Clarke
I will not give way further on this point. We are clearly keen as a Conservative party to deliver on this problem in a way that will satisfy the British public.
The Prime Minister has said that he will do “whatever it takes”. Unfortunately, I do not believe that, as of this moment, we are set to do whatever it takes to stop the problem. I can vote for this legislation only if I believe genuinely and sincerely that it will resolve the problem and I can look my constituents—the people who send me here—in the eye and say, “This is going to fix it”, because I have done so twice before and let them down. I urge my colleagues to reflect carefully on that.
The Prime Minister has confirmed that the general election is likely to be held in the latter half of this year. I am afraid that, by that time, there will have been contact between this Bill and the reality of our court system, and I do not think the outcome will be a pretty one. There will have been time for it to be tested and, I fear, for it to fail. At best, as my right hon. Friend the Member for Newark observed, we are likely to see a few token flights setting off—not the automatic deterrent that will be required to change the incentives. The expectation for a young male who is in essence an economic migrant in all but name seeking a better life in the UK needs to be that he will be detained and removed. That, and that alone, is what will change the incentives driving this trade. That is not what is set to be delivered by the Bill.
In the absence of amendments being brought forward and supported by the Government, I will not be able to support the Bill. More than that, I will vote against it on Third Reading. I say that with real sadness but with total determination that we as a Conservative party should show that we are honest with the British people about the nature of the crisis we face, and that we are determined to do everything in our power to resolve it. Short of that, this legislation cannot have my support.
Jane Stevenson (Wolverhampton North East) (Con)
I rise to speak to the amendments tabled by my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Newark (Robert Jenrick). Those of us in this place who are not learned Members have had interesting conversations in the past weeks and months with learned colleagues on both sides of the argument on the Bill. Some want it toughened and some want it slightly softened, but all of us are united in wanting a Bill that works and allows the Prime Minister to deliver on his promise.
I absolutely trust the Prime Minister’s commitment to ensuring that we can stop the boats. I believe that the Rwanda policy can be a deterrent to people. If their expectation is that they will not succeed and they do not have a right to remain in the United Kingdom, they will not pay their money to a person who promises they can succeed. I am grateful to my learned colleagues for putting forward their opinions. If that has shown me anything, it is that lawyers like to talk and argue, and it is in their interests to do so, so we cannot pass a Bill that enables lawyers to bat cases around indefinitely and allow appeals to be lodged—enough to make the policy ineffective.
My constituents find it ludicrous that they elect Members to come to this place and act in their interests, yet we do not seem to be able to do that. I think the small boats trade is raised with me on the doorstep more than any other issue. It is an evil practice on so many levels. These are people making money from others’ misery, and they are putting lives at risk. As I have said before, it is perverse, because a fair and just asylum system should not be reliant on a person’s ability to scramble thousands of miles—across a continent—and to pay people smugglers. It is absurd to any rational person.
Alison Thewliss
The hon. Lady says that the asylum system has limitations, but does she accept that the only way legally to claim asylum in the United Kingdom is to put feet on these shores? There is no asylum visa, and the Government have not proposed any new safe and legal routes to allow people to come here.
Jane Stevenson
Another absurdity that my constituents raise with me is that Opposition parties seem to speak for the rights and interests of 8 billion in the world above the rights of the people who elect us to serve here. I invite the hon. Lady to intervene again, because I do not ever hear a sensible limit. I will come to international development later in my remarks, but undoubtedly, many more people would have the right under the current framework to claim asylum here than we could ever possibly hope to accept into the United Kingdom. Does she have a number that she thinks would be acceptable? At what point is this argument exhausted?
Alison Thewliss
The hon. Lady’s point is quite absurd. Nobody is saying, realistically, that 8 billion people are coming to the UK. The vast majority of people who flee their countries stay in a neighbouring country. They do not go any further because they want to return home. The UK takes a very small percentage of that number, and those who come often do so to reunite with family and for safety, because there are people already here who can look after them and support them.
Jane Stevenson
I fundamentally disagree with the hon. Lady. Scotland does not have the same issues as many English places, and I do not think that Scotland has taken its fair share of asylum seekers in recent months. Globally, we need to look at a bigger reality. Our responsibility in this place is to look forward. The Rwanda Bill will be a deterrent. If it succeeds, it will put people off making those perilous journeys and break the evil, perverse model of people smuggling.
We need to look at the wider framework as well. I had an interesting visit to Washington last year, when I met many people, including from the Word Bank. If anyone has not read its report last year on global migration trends that it anticipates over the coming decades, I invite them to read it. We also met the United States Agency for International Development. My profound belief is that the answer for the world is not to empty the less affluent bits into the stable, affluent bits. Mathematically, if nothing else, that cannot work.
Now is the moment for us to consider a much wider picture and to question the whole framework, much of it devised for a European issue 70 years ago. We live in a very different world. Twenty years ago, information was not available to people living in developing countries. The internet was not there. They had no idea how to get from point A to point B, who to pay, what to say and what to expect when they arrive. We are living in a totally different world. I welcome the Prime Minister’s commitment to dealing with that. In December, he spoke to the Fratelli d’Italia conference in Rome, where he was quite clear, on breaking the business model of the criminal gangs, that
“if that requires us to update our laws and lead an international conversation to amend post-war frameworks around asylum, then we must do that. Because if we don’t fix this problem now, the boats will keep coming and more lives will be lost at sea.”
I wholeheartedly agree.
I am well known in Wolverhampton for telling my Labour council to get a move on, and on this issue I turn my fire, briefly and in a friendly way, on the Prime Minister. He should get a move on. He should be leading that global conversation. It is one that so many countries are ready to have. The United States is ready to have it, and most European countries are looking to our policy to see if it will work, They accept the mathematical and social reality, and that is what our constituents want.
I will conclude, as I do not wish to speak at great length. I thank all colleagues who are trying to strengthen the Bill. I want it to be as robust as possible, because we need it to be fit for the crisis we face. It is a crisis and my constituents certainly want to see results, so I will support the amendments. I also want to put on record my wholehearted thanks to the Prime Minister for his determination to sort this issue out.
Mr Deputy Speaker (Mr Nigel Evans)
After Miriam Cates, Matt Warman will be the last Back-Bench speaker. The wind-ups will begin after he sits down.
Miriam Cates (Penistone and Stocksbridge) (Con)
It is a pleasure to follow my hon. Friend the Member for Wolverhampton North East (Jane Stevenson). She made a fantastic speech and got to grips with the heart of the issue.
I rise to speak in support of the amendments in the name of my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for Newark (Robert Jenrick). In particular, I want to speak to amendments 19 to 22 to clause 4, in the name of my right hon. Friend the Member for Newark. Taken together, they will prevent individual migrants blocking their removal to Rwanda by using the UK courts to make claims over months and even years. The Bill already blocks claims relating to the general safety of Rwanda in particular, but it does not stop individual challenges like those that stopped the flight in June 2022, which ended up with the case that went to the Supreme Court last year.
As drafted, the Bill states that for an individual to avoid deportation, there must be compelling evidence that they would come to serious and irreversible harm if deported to Rwanda. That sounds like a very high bar, but in reality all that would be required is a doctor’s certificate certifying mental health problems if they were taken to Rwanda. Indeed, that is what happened in June 2022 to a couple of dozen people sitting on the flight on the tarmac. Nothing in the Bill materially changes that fact in terms of individual claims.
Even if claims are eventually not accepted, they still clog up the courts. They can still end up on appeal and, as we have heard, that can be for a matter of years. The Government said last night that they will increase, I think by about 150, the number of judges on the tribunals. All that shows is that the Government expect a large number of individual claims. If the Bill, as drafted, blocks individual claims as the Government suggest, why would they need additional judges to move through the courts? The questions raised by my right hon. Friend the Member for Middlesbrough South and East Cleveland (Sir Simon Clarke), about where the judges would come from and what impact that would have on our wider courts system, are very valid.
If individual claims clog up the courts for months or even years, then even if they are not ultimately successful they will automatically weaken the deterrent effect of the Bill. The whole purpose of the Rwanda plan is to be a deterrent, and deterrents only work if the same action is always followed by a consistent response. It is the same with the criminal justice system and the same with parenting. Effective deterrents are by definition fair, because they treat everybody equally. Some of those opposing the amendments are normally highly in favour of equality. The amendments make it equal: everybody who arrives here illegally will be detained and deported. That is how we create an effective deterrent.
I readily admit that the Government have made progress and I warmly welcome all the progress that has been made: the deal with Albania, the upstream work with Bulgaria, and the attempts to help the French prevent more boats from launching in the first place. But to actually stop the boats, which is the Prime Minister’s pledge and the pledge we as a party have made to our constituents, migrants in Calais and the international criminal gangs must know beyond doubt that anyone arriving illegally in the UK will swiftly be detained and deported.
My hon. Friend the Member for Wolverhampton North East is absolutely right; criminal gangs and migrants have smartphones. They can tell instantly which routes are available, where the boats are, how much they have to pay, what different countries’ asylum systems look like and what different countries’ benefit systems look like. They have an instant trade in information. A deterrent can only work if everyone knows beyond doubt that that is exactly what will happen to everyone who lands on our shores.
Lia Nici (Great Grimsby) (Con)
I commend my hon. Friend for all the work that she has been doing in this regard. Does she agree that the reason we need to strengthen these clauses—this is why I will support the amendments—is that the whole purpose of the majority of people who come here illegally is to claim asylum in order to prevent the possibility of deportation? The Home Office’s own figures show that when that process has happened, 70% of those people abscond. We need to stop that now.
Miriam Cates
I entirely agree. The problem is that Britain has become known as a soft touch, partly because of the delays in our courts, partly because of the generosity that has led to the housing of migrants in hotels, and partly because our acceptance rate is very high compared with those in other countries. If the Bill is to serve as an effective deterrent, we must remove the limitations of the current scheme by ensuring that everyone who arrives here illegally is swiftly detained and then deported.
The amendments argue that individual migrants should not be able to make suspensive claims—they should not be able, in British courts, to claim against deportation—but should retain those rights when they arrive in Rwanda. We are not talking about removing those individual rights to claim asylum, or even to be sent back to the UK in some circumstances. However, it is essential for that process to happen offshore, in the third country of Rwanda, because it is the deportation that is the deterrent. That is why the amendments are so necessary for all individuals, except those who are unfit to fly or in respect of whom obvious mistakes have been made. Of course they should not be put on planes to Rwanda, but the amendments would make it consistent for all others to be sent there.
As I have said, the point of this is a deterrent, but there is strong opposition to the amendments—on the Opposition Benches, obviously, but also among many on these Benches. Let me draw their attention to a poll published last night in The Telegraph, which showed that in nearly every constituency swift detention and deportation is the most popular way of dealing with illegal immigration. It is the preferred option for a large proportion of the general public. While various interpretations of international law and its application may be strongly contested in Westminster, as we have heard today, the need for secure borders is not a contested idea in the country as a whole.
The British people are generous and compassionate. They support managed schemes to welcome refugees, as we have seen over the past few years. However, when they see tens of thousands of mostly able-bodied young men coming from France, which is a safe country, taking physical risks to cross the world’s busiest shipping lane in dinghies, and then being housed in hotels at great expense to taxpayers—and when they see some of those people absconding and some committing horrific crimes, and then hear Westminster commentators saying that because of international conventions we cannot deport them—they ask, “Are you serious?” Are we, indeed, serious in saying that we cannot do that?
Most ordinary people in this country do not lie awake at night worrying about our standing among elite international lawyers. They lie awake at night worrying about security, crime and the cost of housing, all the issues that are made significantly worse by the abuse of our asylum and immigration system—because, without doubt, our system is being abused, and will continue to be abused unless the Bill is strengthened to limit those suspensive claims so that all the people arriving on our shores illegally are treated in the same way, and are detained and deported.
The fact is that weaknesses are always exploited. That is a sad fact of history and human nature, and those who do not believe it are, I am afraid, naive. We must deal with the reality. My right hon. Friend the Member for Gainsborough (Sir Edward Leigh) put it very well: many of us would behave in exactly the same way in these circumstances, if we saw what was available in the UK and compared it to a life in another country, and if we knew that it was easy to come here, tie up the courts for a long time and, potentially, abscond. Many would do the same, because that is human nature. The reality is what we have to deal with.
This is a matter of responsibility. The responsibility of the British Government is the safety and welfare of the British people. It is not our responsibility to rehouse everybody in the world who would like to leave their own country and come to ours. We can absolutely sympathise with their plight as individuals, but it is simply unrealistic to say that the UK has a responsibility to any asylum seeker anywhere in the world who would like to come here. We have a responsibility for our constituents; other Governments have a responsibility for theirs. If they are not engaging with that responsibility correctly, that is not our fault.
Jane Stevenson
Would my hon. Friend agree that a focus on foreign aid and a united effort—[Interruption.] I thank the hon. Member for Glasgow Central (Alison Thewliss) for shouting at me. Does my hon. Friend agree that there should be a united focus on helping safe developing countries to benefit from giving these people asylum? They could make good lives there, with education and good prospects for their children. That is the way forward rather than this mass influx into the UK.
Miriam Cates
I agree with my hon. Friend, who of course is right. One of the many solutions to this problem is to improve conditions in some of the countries from which people are fleeing, but we also have to be realistic. We cannot solve all the problems in the world. We are speaking about illegal migration, but there are also ethical issues with legal migration. Taking large numbers of well-trained, well-educated young people from developing countries into our NHS and our workforce is not helping the countries that they are leaving. The ethics of the whole immigration debate need careful scrutiny in both directions.
I shall come back to my point. Yes, we should be compassionate and yes, we need well-managed schemes for taking refugees, but it is not the responsibility of the British Government to rehouse everybody in the world who would like to come here. That does not mean that we do not have sympathy for the plight of individuals, but the definition of responsibility and accountability matters, and our responsibility is first and foremost to our constituents and the welfare of those in the UK.
I support these amendments and I will be voting for them tonight because the Bill must work. It must work to provide an effective deterrent; it must work to secure our borders; it must work to prevent people smuggling; and it must work to show the British people that their elected representatives really do take their concerns seriously.
Mr Deputy Speaker (Mr Nigel Evans)
After Matt Warman we will have the ministerial response, then Alison Thewliss will make references to her amendment, and then we are expecting multiple votes.
Matt Warman (Boston and Skegness) (Con)
I want to begin by talking about the remarkable contribution of my hon. Friend the Member for Stone (Sir William Cash), to whose amendment I wish to speak. In a constituency such as mine, which voted overwhelmingly for Brexit, the work that he has done over many decades is appreciated, and it is something that has served the national interest, so I am somewhat nervous about criticising amendment 10. None the less, I know that he and I, more than anything else, can disagree courteously, which is perhaps more than I and many others have managed with some Brexiteers who have perhaps got too much credit for a project that has now run its course.
I could talk a little about why I worry that a Bill that is already judged to have a 50:50 chance of success could, in the pursuit of toughening it up, be driven to having a far lesser chance of success. The people who say that they want it to work, and to work quickly, in fact run the risk of driving it into the courts, seeing it fail and seeing us as a party take less of the action that is so clearly in the national interest.
Sir William Cash
Having looked at my amendment carefully, has my hon. Friend observed that the only way to guarantee that this Bill will be satisfactorily regarded by the courts is if the sovereignty of an Act of Parliament is combined with clear, unambiguous words that improve the Bill? That does not mean that it will not go through; it means that it will go through and the courts will accept it.
Matt Warman
I would agree with my hon. Friend that the Bill could go through, but that does not guarantee legal success, as he knows. He is right to say that there is a respectable legal argument to be made for it, but a respectable legal argument does not guarantee success. I want, not least because of the poll that he and others have cited, to see us taking clear and effective action on this. To be successful, that clear and effective action must be able to survive the potential legal challenges. I argue in favour of the tightrope on which the Government are walking not because I lack conviction but because I want to see action as quickly as possible on an issue that, I hear from my constituents day in, day out, has a clear and real impact on their lives.
Only yesterday, the Home Office announced that it is closing another two hotels in my constituency that are being used to house asylum seekers. The global migration crisis is on the doorstep of constituents in Boston and Skegness, which is why we must tackle it effectively. I will take no lectures from anyone in this Committee on my personal commitment to tackling this issue, and I want the Government to stay on the tightrope and to get on with addressing this vital matter.
Sir William Cash
I hope my hon. Friend noticed that I said that changes to the European Union’s charter of fundamental rights and the European Court of Human Rights will ultimately lead to constitutional referenda and amendments, which would not only take a long time but might be impossible.
Matt Warman
I fear that some of what my hon. Friend says is correct, but it is also true that we lessen our ability to make that case, on our own behalf and in the global interest, if we step back. I want to see Britain leading that conversation and taking its place at the table. If we can do that, we will be able to construct a global system today, just as we did 70 years ago. It worked then, and we need a system that works now.
The more we send a signal that says Britain is stepping back, the less we have the right to make the case, and making that case is surely in the interest of all our constituents. My hon. Friend is right that it will take a long time, but he surely has to acknowledge that we must have that long-term view, because this global migration crisis will be with us for decades. If we step back, we will have less right to influence that conversation.
Lia Nici
I thank my hon. Friend and near constituency neighbour for giving way. I am sure his constituents are in the same frame of mind as mine on how illegal migration is having a detrimental effect on our communities. Does he agree that that is why it is so important for us to be able to have these wider discussions, and for the Government to take our amendments seriously? It is only by having robust discussions on the options and amendments that we want the Government to consider that, internationally, we can get to the place he talks about.
Matt Warman
I agree up to a point, but the Government can go only so far before they lessen their chances of getting the Bill through successfully in terms of potential future legal challenges. This is about the practicality of delivering a Bill and about Britain’s place on the world stage, which should allow us to continue to play a leading role in reforming those vital conventions and international agreements.
Does the Bill work? Does it go as far as it can without fundamentally jeopardising its chance of legal success? Yes, it does. It walks a tightrope. I know that my right hon. Friend the Member for Newark (Robert Jenrick) says that there is legal advice supporting his position, and I would like to see it, as I am sure the Government would. However, that practical issue of whether the Bill can work is a tightrope that the Government have to judge. I accept that the Bill goes as far as it can—for me, in some ways, it goes too far. Some Conservative Members have said that it goes too far for them but that they are prepared to support it because of the importance of the issue.
Beyond that, we need to address Britain’s place in the world and our role: our ability to help shape a new set of conventions that work not just for us or for countries that share our values and share this problem, but for the countries that people are fleeing from. We have an opportunity to reform that global system and we lessen our ability to do so if we say that we are able to stand apart from its rules. That is a balance we can strike, and if we are optimistic about Britain’s future place in the world, we should be saying that we stay at that table, not that we resile from it. That is why I will support the Government in seeking to rebuff the amendments and to get on with addressing this vital issue, because it will establish Britain as a country that is committed to those commitments that we made some time ago and helped to draw up. It will also demonstrate that we are committed to going as far as possible in pursuit of challenging a vital issue that affects all our constituents. I look forward to the Government’s winning the vote this evening.
The Minister for Countering Illegal Migration (Michael Tomlinson)
What a great pleasure it is to follow my hon. Friend the Member for Boston and Skegness (Matt Warman). I believe it is the second time I have done so on this Bill, and I will try to emulate his courteous exchanges with colleagues. I enjoyed his exchanges with my hon. Friend the Member for Stone (Sir William Cash) and with his near neighbour, my hon. Friend the Member for Great Grimsby (Lia Nici), because it is with such courtesy that we can still have a robust discussion about this vital issue. We have had a wide-ranging debate and I am grateful to all right hon. and hon. Members for their contributions.
As the hon. Member for Glasgow Central (Alison Thewliss) had the lead amendment, I start by making some overarching remarks in response to her amendments. This House has a fundamental choice: we can legislate, as the Government propose, to end the perilous journeys being made across the channel, by enabling Parliament to confirm that, in the light of the treaty that the Home Secretary signed on 5 December and of the updated evidence, the Republic of Rwanda is a safe third country, or we can put into statute a scheme that is riven with holes by amendments tabled by right hon. and hon. Opposition Members that make the Bill simply unworkable.
The new legally binding treaty with the Government of the Republic of Rwanda does respond to the concerns set out by the Supreme Court. It also reflects the strength of the Government of Rwanda’s protections and commitments, both to this scheme and to the rule of law—I will return to that point later in my speech. Let there be no doubt that our Government are focused and determined to stop the boats. We have made progress, but we must be enabled to finish the job.
Clause 2 creates a conclusive presumption that the Secretary of State, immigration officers, and courts and tribunals must start from the basis that Rwanda is safe. It is right to say that it will not send someone to another country in breach of the refugee convention. The Supreme Court’s ruling on the Rwanda policy recognised that changes could be delivered in the future that could address the conclusions they came to, and we have been working closely with Rwanda to address those issues. When considered together, the treaty and the evidence of the changes in Rwanda since the summer of 2022—I will come back to that evidence in relation to points picked up by right hon. and hon. Members during the debate—mean that we can confidently conclude that Rwanda is a safe country.
Patrick Grady
If Rwanda is a safe and secure place in which asylum seekers can live comfortable and productive lives, why should the prospect of being sent there be a deterrent?
Michael Tomlinson
The deterrent is because they are seeking to come to this country and not Rwanda. I hope the hon. Gentleman listens to the evidence that I am about to set out. He has sat through a fair amount of the debate and I always enjoy taking interventions from him, so I encourage him to consider the evidence as I progress with my remarks.
Sir William Cash
As he heard, I made reference to the Rwanda judgment and the case of ASM, whose claim was dismissed because of the sovereignty of Parliament in the context of immigration laws that were revoked under the Retained EU Law (Revocation and Reform) Act 2023. That is a perfect example of what the courts will do under paragraph 144 of the judgment. Does he accept that it is the sovereignty of Parliament that led the Court to make that decision, as it itself stated?
Michael Tomlinson
As my hon. Friend knows, he and I agree on a great deal and I have paragraph 144 engraved on my heart. We have had a number of exchanges about that paragraph, and it is clear that the Court will not disregard an unambiguous expression of Parliament’s intention, as set out in paragraph 144. I will come back to the comments made by my hon. Friend a little later in my speech.
Since the evidential position considered by the courts in summer 2022, there have been further specific information, evidence and assurances from the Government of Rwanda that explicitly 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. My right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) mentioned the evidence and the importance of looking at it, so it is worth setting out some of that here, at least in outline.
First, let me set out the headlines from the world rankings. The World Economic Forum global gender gap report ranked Rwanda 12th in the world for gender parity. Interestingly, it ranked the UK 15th. Secondly, Rwanda’s overall score in the World Justice Project’s rule of law has increased consistently from 2019 and 2023, and Rwanda ranked first in its region and 41st out of 142 globally. I will come back to that important point and provide more detail. The World Bank scored Rwanda 16 out of a maximum score of 18. That is just some of the evidence.
The Government published a policy note on the date of Second Reading and it has been updated this month. There are country information notes on Rwanda’s human rights and asylum system, and on the evidence provided by the Government of Rwanda and the UNHCR. A lot of that evidence is substantial and helpful, but we have not cherry picked evidence, unlike some Members. Other material has also been published. It is worth considering that evidence because that is what has changed since summer 2022.
Michael Tomlinson
My hon. Friend might have been a touch facetious in her intervention—she herself said it, otherwise I would not have dared to say it—but I understand what she says. Suffice to say, we are confident in the safety of Rwanda and the aim of the Bill is to prevent domestic courts and tribunals from considering claims that relate to the general safety of Rwanda, hence clause 2 and the points raised by my right hon. and learned Friend the Member for South Swindon about the evidence, the treaty and the fundamentally changed situation.
Let me turn to the hon. Member for Glasgow Central and her amendments. She is right that the amendments seek to undermine the core objectives of the Bill.
Michael Tomlinson
The hon. Lady has been straightforward about that; she is nodding. We are agreeing yet again during the course of these exchanges. It will do nothing for her street credibility in her constituency, but we are agreeing at least on that point. Her amendments would undermine the provisions aimed at narrowing the grounds on which people can challenge their removal to Rwanda in courts or tribunals.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
On India, Jagtar Singh Johal has now been detained for over six years. Is the Minister saying that India is a safe country for every UK national?
Michael Tomlinson
No, I am saying that this House passed legislation last night stating that India is generally a safe country for the purposes set out in the legislation. I point out—I am grateful to him and other hon. Members who are listening—that India happens to be 79th in the global rankings. Vietnam, where we regularly return citizens to, is 87th. Albania, which we have mentioned and I will come back to, is 91st, and Rwanda is 41st on that list. It is marginally lower down the rankings than Poland, comparable to Romania and higher than Croatia, Greece, Bulgaria, Hungary and all these other countries that are safe, strong international partners of this country. That is the evidence that has been published and that is before the House, and that evidence shows compellingly that Rwanda is a safe country.
I turn to amendments 19, 20, 21 and 22 and amendment 10. I thank my right hon. Friend the Member for Newark (Robert Jenrick) for his engagement and remarks—he is absolutely right. He set out the moral imperative that we need to act and limit individual claims, and I agree that we need to focus on what works.
As I said earlier, I agree with much of what my hon. Friend the Member for Stone said. He is right about dualism and sovereignty. We may, indeed, debate sovereignty again tomorrow when we come to clause 1. There is a lovely accord between him and my right hon. and learned Friend the Member for South Swindon on the very point of sovereignty, and doubtless we will debate that again. Where I respectfully disagree with my hon. Friend the Member for Stone is in his assessment of whether the Bill will work. As drafted, this legislation is clear and unambiguous. Parliament is setting out the law clearly and it will work.
Sir William Cash
I merely repeat the point that parliamentary sovereignty has to be combined with clear and unambiguous words. The word “notwithstanding” is hallowed; it is in the withdrawal agreement of 2020 and it makes the wording absolutely clear. Otherwise it is not clear and the courts could rule against us—as they did, conversely, on the Rwanda judgment, where they agreed that clear and unambiguous words are necessary and essential with regard to claims under matters relating to this Bill.
Michael Tomlinson
I am grateful for the intervention, and I agree with my hon. Friend: he is absolutely right about clear and unambiguous language. However, clause 2 as drafted is clear and unambiguous; if I may say so, it is simply a different way of saying the same thing. Either we have a deeming clause that deems Rwanda to be safe, or a notwithstanding clause. Clause 2 has the joy of both a deeming clause and a notwithstanding clause. It is clear, it is unambiguous and the courts will follow it.
My right hon. Friend the Member for Middlesbrough South and East Cleveland (Sir Simon Clarke) passionately believes that this is the right policy, and I agree with that. He mentioned that it is important to tackle the root causes and that we must not allow this evil trade to persist, and I agree with him entirely. He asked about the courts and the tribunals, as did the Chair of the Select Committee—the right hon. Member for Kingston upon Hull North (Dame Diana Johnson)—and my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates). A written ministerial statement was laid earlier today, and I encourage my right hon. Friend the Member for Middlesbrough South and East Cleveland to consider the detail of it. He is right that more judges are being recruited.
It is important to say that deployment of the judiciary is of course a question for the independent judiciary—that is absolutely right—but more are being identified and trained, and I encourage my right hon. Friend and other right hon. and hon. Members who mentioned that to look out for the Lord Chancellor’s written ministerial statement, published today.
Miss Sarah Dines (Derbyshire Dales) (Con)
Will the Minister clarify whether, if the Government can, as reported in The Times and The Daily Telegraph, find as many as 150 extra judges, we could perhaps divert that judicial capacity to prosecute some alleged rapists and murderers here in the United Kingdom? Will he clarify and exemplify what he means and whether those reports are true?
Michael Tomlinson
My hon. Friend is right and I sense, understand and share her passion for resolving the issues in relation not only to the tribunals but to the courts. I know her background and passion for ensuring that the backlog in the court system is dealt with, and she knows my position on that as well. I encourage her to look at the detail that the Lord Chancellor set out in the written ministerial statement. It is right to say that it is in response to the Illegal Migration Act 2023, which my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham (Suella Braverman) took through the House, and it is right to say that it is there to ensure capacity in our tribunal system. I entirely agree with my hon. Friend the Member for Derbyshire Dales (Miss Dines)—there was an exchange on this in the debate—that we must ensure that that capacity is there in our court system as well.
Mr Roberts
Before the Minister moves on from the contribution of the right hon. Member for Middlesbrough South and East Cleveland (Sir Simon Clarke), I intervened in his speech to say that my opinion was that if the Bill was voted down tomorrow on Third Reading, no similar Bill could be brought back because it would be an issue the House had already dealt with. The right hon. Member for Middlesbrough South and East Cleveland was of the opinion that a substantially different Bill could be brought back. The problem is that if the House declines all the amendments, as it is entirely likely to do, presumably any future Bill that was brought back would include all those amendments. Therefore, as the House will have substantially dealt with all those issues, if the Bill is voted down tomorrow, it will not be able to come back in any form.
Michael Tomlinson
The hon. Gentleman will appreciate my determination to get the Bill through. I am the Minister for this Bill, and I am determined to get it through today, tomorrow and at its further stage.
I thank my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) for her constructive speech and the constructive tone that she adopted during the debate. She is right: we are united in wanting to make the scheme work. I am very grateful to her for mentioning the Prime Minister’s words in Italy, which bear repetition. He said rightly:
“If we do not tackle this problem, the numbers will only grow…If that requires us to update our laws and lead an international conversation to amend the post-war frameworks around asylum, then we must do that. Because if we don’t fix this problem now, the boats will keep coming”.
My hon. Friend was right to echo those words, and I am pleased to have the opportunity to re-emphasise them now.
Tom Hunt (Ipswich) (Con)
It has been explained that the grounds for individual appeals are exceptionally narrow, so why are 150 judges needed?
Michael Tomlinson
As I said in response to a previous intervention, they are being stood up in relation to the Illegal Migration Act 2023, which was taken through by my right hon. and learned Friend the Member for Fareham and my right hon. Friend the Member for Newark, in anticipation of the work that will need to be done—that is sensible governance, dare I say it. My hon. Friend the Member for Ipswich (Tom Hunt) is right to take me back to individual claims, which I will now turn to in the few minutes I have left.
The legislation provides that a court may grant interim relief only where there is
“a real, imminent and foreseeable risk of serious and irreversible harm”.
There must be credible evidence of that; there cannot simply be a bare assertion. Clause 4(5) cites the Illegal Migration Act, which my right hon. Friends took through last summer. It is worth pointing out that section 39 of that Act sets out an extremely narrow range of circumstances in which an individual claim can be made. I encourage right hon. and hon. Members on both sides of the Committee to look at section 39 of that Act and just how high the threshold for serious and irreversible harm is set.
Let me turn briefly to new clause 6, which was tabled by Opposition Members. I was intrigued to hear the shadow Minister state that the purpose of the new clause is to invite further legal challenge. That seems to be Labour’s plan—to invite further legal challenge. That is the purpose of new clause 6, and it is the exact opposite of the purpose of Conservative Members. We want this to work.
Stephen Kinnock
The Minister is simply misrepresenting the purpose of new clause 6. Its purpose is to put the monitoring committee on a statutory footing so that it can potentially be subject to our domestic courts. I do not know whether he thinks that our domestic courts should be lower down the pecking order than the courts of Rwanda.
Michael Tomlinson
I am grateful to the shadow Minister for his intervention. When he was setting the policy out in his opening remarks, he said that it would invite further legal challenges. Those of us on the Conservative Benches want to shut out legal challenges; those on the Opposition Benches want to encourage further legal challenges.
The Government have delivered a plan for immigration that will work. It builds upon the excellent work of my right hon. Friend the Member for Witham (Priti Patel)—the champion of the Nationality and Borders Act 2022—and of my predecessors, my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham, who worked incredibly hard to deliver the long-awaited Illegal Migration Act, the toughest piece of immigration legislation until the Bill before us.
Just look at Albania. Our successful deal with Albania, which started with small numbers, has now removed nearly 6,000 people with no right to be here. We know that deterrence has worked because small boat arrivals from Albania are down by 94%. Legal challenges have not successfully stopped the flights to Albania. Those flights have not been stopped; in fact, not a single case of Albanian small boat arrivals has reached a substantive hearing at the upper tribunal in the past year.
We on the Conservative side of the Committee are united in our determination to ensure that the Bill works. As drafted, it creates an ever-tighter test than for illegal migrants facing removals to Albania. Our Rwanda Bill is tougher, tighter and goes further. We have a plan to stop the boats, and I invite hon. Members to back it.
Alison Thewliss
What a despondent, pathetic, ridiculous Bill this has been, and what a grim debate it has been to listen to. We have heard a wide range of speeches, most of which, I am afraid to say—I am putting it politely—were absolute guff. The UK is not looking to accommodate 8 billion people—of course it is not. Most people in small boats are not economic migrants; we know that, because the Home Office grants them asylum.
The only Member, I believe, who mentioned the people whom this Bill will affect was my friend the hon. Member for Sheffield, Hallam (Olivia Blake), who talked about the impact it will have on real people, on their lives and their futures. As far as I can establish, not one of the Conservative Members has ever met or spoken to an asylum seeker, or has any conception of the struggles they have been through, because they were not able to cite a single one sitting opposite them in their surgeries. Asylum seekers have done them no personal harm, yet they seek to ruin their lives. To make it light for a second, my hon. Friend the Member for Inverclyde (Ronnie Cowan), who ended up being crocked at the refugee football tournament he played in, does not bear any ill will towards the asylum seekers who played in that game. I think he mostly bears ill will towards me for forcing him to play in it, not the asylum seekers and refugees whose silky skills outclassed us on the football pitch. I encourage Members who want to learn a little bit more to sign up for the refugee football tournament, which will be coming up before we know it.
The UNHCR does not buy the Government’s assurances. It has been very clear that nothing that has been said or done has changed the situation. The UNHCR says that the Rwanda partnership treaty is not compatible with international refugee law, and that we cannot declare Rwanda a safe country in perpetuity. I do not believe that we should be declaring any country a safe country in perpetuity, as my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) said in relation to India, where Jagtar Singh Johal is still being held in arbitrary detention with no effort from this Government to see justice done for him.
This scheme fails in many respects. It is an affront to human rights, to the dignity of individuals and human beings, and to the international obligations that this Government have claimed they hold dear—they ask other countries to abide by international conventions and rules, yet undermine those rules when it suits them. There is a practicality issue as well. The Independent has just published some figures that the Committee may find interesting. Over the past five years, Rwanda has assessed only 421 asylum cases in total, and has refused two thirds of those cases. Many of those people are from Afghanistan and Syria, and have an indisputable case for their asylum claim to be heard. We know that Rwanda has form in not upholding its obligations: when it had a deal with Israel, it did not uphold those obligations, and nobody has given any evidence that anything has changed since the Supreme Court’s ruling on this issue last year.
Turning to the issue of deterrence, which many Conservative Members have mentioned, 70,000 people have crossed the channel since the Rwanda deal was signed. If that deal were any kind of deterrent, it would have had some kind of effect, would it not? That has not happened, and in any event, this Government seek to remove to Rwanda only a couple of hundred people out of that 70,000. They are absolutely incompetent in bringing this Bill before us today. It is a toxic distraction from a failing Home Office and a failing Government. They should do the work, process the cases, and give refugees and asylum seekers the dignity and safety that they so richly deserve.
Question put, That the amendment be made.
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Delegated Legislation
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Petitions
(10 months, 1 week ago)
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Martyn Day (Linlithgow and East Falkirk) (SNP)
I rise to present a petition on behalf of the constituents of Linlithgow and East Falkirk in relation to buy now, pay later products. Used correctly, those products can be fantastic, but 37% of UK adults have used them in the past 12 months, and Citizens Advice has reported an increase in people seeking help as they are turning to them to support themselves through the cost of living crisis.
The petition states:
The petition of residents of the constituency of Linlithgow and East Falkirk,
Declares that buy now, pay later products are becoming increasingly mainstream, with 37% of adults in the IL using an unregulated credit products in the last 12 months, and with many of the most vulnerable people turning to these products to cope with the cost of living crisis; further that Citizens Advice report an increase in people seeking help with these products, with some facing unmanageable debt and requiring food bank referrals and other charitable support, and notes that unregulated Buy Now Pay Later products lack consumer safeguards, such as requirement for firms to carry out affordability checks, bringing lenders under the oversight of the Financial Conduct Authority, and ensuring borrowers can take complaints to the Financial Ombudsman Service.
The petitioners therefore request that the House of Commons urge the Government to implement regulation of buy now, pay later products as a matter of urgency, to prevent any more people falling into serious and unmanageable levels of debt.
And the petitioners remain, etc.
[P002893]
Richard Foord (Tiverton and Honiton) (LD)
I rise to present a petition on behalf of the residents of the Axe valley, and the towns of Seaton, Beer, Colyford and the surrounding area, who are objecting in the strongest possible terms to the disposal of an entire wing of Seaton Community Hospital. The petition has been signed by over 9,000 of my constituents, because they object to the fact that the hospital, which was funded by generous local donations, is being ripped away from them, and in part potentially sold off by NHS Property Services, and disposed of for potential sale for housing.
The petition states:
The petition of residents of Axe Valley in the Tiverton and Honiton constituency,
Declares that community hospitals play a vital role supporting health and wellbeing in rural communities; further that the hospital in Seaton was built with active support and fundraising efforts by residents across the Axe Valley; and further that plans to turn the wing of the hospital building over to NHS Property Services puts the future viability of the hospital at risk.
The petitioners therefore request that the House of Commons urge the Government to take into account the concerns of petitioners and take action to return the facility to the local community, so it can be repurposed to provide better care for those living in the area.
And the petitioners remain, etc.
[P002897]
Patricia Gibson (North Ayrshire and Arran) (SNP)
I rise to present a petition on behalf of the constituents of North Ayrshire and Arran, who are deeply concerned by the ongoing industrial dispute at Defence Equipment and Support in Beith, North Ayrshire. It is an arm’s length body of the Ministry of Defence. The strike for improved pay and conditions is unprecedented, involving non-craft workers preparing arms for shipment at the depot, who face discrimination in the payment of bonuses to workers. The petitioners are concerned that these bonuses are withheld from workers earning less than £21,000 a year and have been excluded from retention bonuses. The petitioners stand with the workers in rejection of a two-tier workforce.
The petition states:
The petition of residents of the constituency of North Ayrshire and Arran,
Declares deep concern about the ongoing industrial dispute at Defence Equipment and Support in Beith, North Ayrshire (an arm’s-length body of the Ministry of Defence); further that this strike, for improved pay and conditions is unprecedented; notes that non-craft workers preparing arms for shipment at the depot face discrimination in the payment of bonuses, relative to craft workers who assemble munitions; further that the petitioners reject the fact that retention payments are made to managers and craft workers, while non-craft workers earning less than £21,000 per year have been excluded from retention bonuses and stands with the workers in rejecting a two-tier workforce.
The petitioners therefore request that the House of Commons urge the Government to take into account the concerns of the petitioners and urgently intervene to ensure a fair resolution to the industrial dispute.
And the petitioners remain, etc.
[P002898]
Cost of Living: Pensioners
(10 months, 1 week ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Wendy Chamberlain (North East Fife) (LD)
There are 2 million older people living in poverty—that is one in six—and another million are sitting just above the poverty line silently struggling to make ends meet. Together, a quarter of older people are in or at risk of being in poverty. In recent years, the phrase “heating or eating” has become shorthand for the cost of living crisis. It rhymes, and it is easy to say, but it is the reality facing too many of our pensioners. Age UK research found that 4.2 million people cut back on food or groceries last year, while a survey by this House’s Petitions Committee of those engaging in petitions on pension levels found that three quarters were worried about affording food.
Health statistics always worsen in the cold winter months, with mortality rising in all parts of the UK last year compared with previously. As we face an even colder winter —in my constituency we often reach minus temperatures overnight—there are real consequences when older people cannot afford to properly heat their homes. The reality is that heating or eating is not a catchphrase, but a decision about survival. It is our duty as policy makers in this place to ask why that is a reality for so many of our older people and to find solutions.
I welcomed the Government’s eventual decision to keep the triple lock this year, but the lack of clarity and uncertainty about that decision appeared to be electorally motivated, and I argue it caused a great deal of anxiety for many older constituents.
Richard Foord (Tiverton and Honiton) (LD)
My hon. Friend is talking about the triple lock on pensions. I have heard it said in this House in recent months that the triple lock on pensions was a Conservative proposal, so I went to the Library to find out whether that was true. The 2010 Conservative manifesto talks about
“restoring the link between the basic state pension and average earnings”,
while the 2010 Liberal Democrat manifesto states:
“We will uprate the state pension annually by whichever is the higher of growth in earnings, growth in prices or 2.5 per cent.”
Does she agree with me that the triple lock was a Lib Dem proposal?
Wendy Chamberlain
I regularly meet Steve Webb, the former Lib Dem Pensions Minister from the coalition, and I know how hard he worked when in government on this policy, so I entirely agree with my hon. Friend and thank him for his intervention.
The triple lock is of no use to anyone if the Government cannot get their systems working to pay people what they are due. Repeatedly last year we learned of pensioners nearing or reaching pension age trying to top up their national insurance records and seeing their money disappear without a trace. It would appear again some weeks later, but often only after chasing by an MP, an adviser or due to media coverage. That was not just in one or two cases; what became apparent were systemic problems of jammed helplines and hundreds upon hundreds of people losing track of their savings as they paid them over to the Government. Will the Minister tell us what he is doing to resource properly the Future Pension Centre?
Christine Jardine (Edinburgh West) (LD)
My hon. Friend is making a strong point and an excellent speech. On savings and topping up national insurance, we hear that about two thirds of those over 64 are dipping into their savings just to keep going. They are cutting down on food, and eating less healthily. Apart from the cruelty shown to pensioners by forcing them into that position, are the Government not short-sighted in not seeing the implications of treating our pensioners so badly for the NHS, the welfare system and social care?
Wendy Chamberlain
I think it is reflected across a number of policy areas that we should look in all our services at sufficiency of income, allowing people to live with dignity and respect and knowing that they can cover the essentials, and for pensioners as well as for other age groups.
Jim Shannon (Strangford) (DUP)
Further to that point, will the hon. Lady give way?
Wendy Chamberlain
I give way to the hon. Member—it is not an Adjournment debate without him.
Jim Shannon
I congratulate the hon. Lady, who always brings to the House and Westminster Hall bread-and-butter issues that I support. I am glad to come along and give my support to her tonight. The price of electricity in Northern Ireland is rising by 20%, but pensions are rising by only 8.5%. With similar increases in the cost of meat and veg, it is clear that those comfortable on their pension in 2020 will be substantially less comfortable now. Does she not agree that an investigation into energy prices must take place as people feel that they are being gouged every time they put on their light or gas and feel the pain of prioritising one necessity over another?
Wendy Chamberlain
I am grateful to the hon. Member. I agree that many people feel they are being held hostage by the vagaries of energy prices and systems. Although the cap and other measures have gone some way to helping with that, there is no doubt that it is a huge challenge. It also demonstrates why the triple lock remains required.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
While we are on energy prices, I am acutely aware that, as we speak, pensioners in my constituency are having to brave serious snow conditions and, because we have the highest level of fuel poverty anywhere in the country, they will feel literally and metaphorically out in the cold. Does my hon. Friend agree that Ofgem has a role to play in the creation of a social tariff, or even a geographically-based tariff?
Wendy Chamberlain
One challenge in my right hon. Friend’s constituency is the number of his constituents who are off grid. We know that there is a lack of regulation in the sector off grid. One other challenge for the Government in responding to energy price fluctuations was getting a lot of money out to many people easily, and administrative issues materialised for those off grid. Many of them have still not seen the money to which they are entitled. We need to look at better regulation of our energy system.
I was talking about the Future Pension Centre and the challenges experienced by many constituents across the UK in topping up their pensions. I tabled a presentation Bill on the issue to extend the deadline and was glad that the Government took that up. In responding, will the Minister tell us what discussions he is having with His Majesty’s Revenue and Customs about making its systems align and function properly? If those systems were working as they should, many constituents would not have a gap to fill in the first instance. Will he consider implementing a proper receipting system so that older people have proof of payment as they do with any other transaction?
We know that errors by the Department for Work and Pensions are all too commonplace; we need only to look at the experience of the WASPI women—the Women Against State Pension Inequality—to see that. Those women, through no fault of their own, lost their ability to plan for their retirements. They lost their financial autonomy. Many of them continue to live in poverty, while others have sadly died without seeing any compensation.
I know that we are all awaiting the final report of the ombudsman setting out its recommendations for compensation for the WASPI women, but in the meantime will the Minister agree to meet me to discuss the next steps? He and I worked successfully together on the all-party parliamentary group on ending the need for food banks before he took on his current role, and I hope that we can do so again.
I return to pension income and want to raise pension credit with the Minister. This top-up benefit is the simplest tool at the Government’s disposal to lift pensioners out of poverty. It feels like every year we have a new attempt at increasing uptake with a fancy leaflet or other information campaign. I am sure we all go to the drop-ins, have our pictures taken and share them with our constituents, but pension credit take-up remains stuck at 63%, which suggests that the campaigns simply are not working. Pensioners either do not know about the benefit or do not realise they are eligible, or some struggle with the stigma of being seen to claim it.
I have been in this role for more than three years, and I have spent a lot of time having conversations about how to improve uptake. Clearly, an annual leaflet is not doing the trick. We need a long-term strategy on pension credit uptake with two key focuses: how we share data to identify people eligible for pension benefit, and how we target them efficiently and effectively so that they actually claim it and do not feel stigmatised?
Jim Shannon
The hon. Lady makes a critical point. When I talk to pensioners in my constituency, I always ask what benefits they are on. I always mention carer’s allowance if they do not receive disability living allowance, and I always mention pension credit. In many cases, they are not on it. How do we make a better system? I suggest, with great respect, that maybe the Department needs to physically go to those people and introduce it to them. Many people are proud, independent and do not want to take it up because they think they should not, but they should. They worked hard all their days and paid their tax and national insurance, and it is time for payback.
Wendy Chamberlain
Stigma is definitely a part of it, but some think they do not qualify as they have a sufficiency of income that would result in their being rejected. I always say to them that even if it is only 50p, it is worth doing because of the passporting benefits. We have seen this challenge around child benefit. Having not seen an increase in the thresholds, we are in a ludicrous situation where if a single earner earns over £60,000, the household is not entitled to it. The challenge is that if the non-earning parent does not apply, they do not get their national insurance contributions for their pension. Why would people apply for something that they do not think they are entitled to? We must do more to make it easier for people to get what they are entitled to. They do not want to end up 20 years down the line finding out that they do not have full pension contributions, because we know that topping it up is quite challenging, as I have talked about.
Going back to pension credit, perhaps once the Minister’s Department has published the results of last summer’s trials of targeting recipients of housing benefit, he could give us an update on the outcome of the trial to see whether that might work for pension credit, and what lessons can be learned. Missing out on pension credit has serious implications beyond the credit itself. As I mentioned, it is the main passporting benefit for older people for cost of living payments. While we focus on a long-term strategy for pension credit, will the Minister consider extending entitlement to those payments to older people in receipt of housing benefit and council tax reduction, for example? I suspect that if they are eligible for those things, they are probably eligible for pension credit.
Before I move on to long-term strategies to tackle pension poverty, I want to raise one more benefit-related point. This is not strictly in his portfolio, but will the Minister commit to providing the House with an update on the future of the household support fund? I know from English colleagues that there is significant distress at the prospect of its not being renewed in March.
I dispute the claim of the Minister’s colleague, the Minister for Disabled People, Health and Work, the hon. Member for Mid Sussex (Mims Davies), in a written response to me yesterday, that pensioner poverty is falling. It is not. The claim was based on statistics before housing costs, which is distinctly disingenuous. Increasingly, pensioners face high housing costs, as more continue to rent privately into older age. Twice as many rent now than a decade ago—a trend set to continue as it is harder for young people to get on to the housing ladder.
We must tackle the poverty immediately in front of us, but we must look at long-term drivers of poverty among pensioners and stop this trend in its tracks. There are two parts to that: ensuring that people enter retirement sufficiently equipped, and ensuring that no one falls into poverty after ending their working life. Ultimately, our experience during our working life determines what happens to us when we retire. If someone has to take time out of work or only works part-time because of ill health, child rearing or caring, they will be substantially worse off in retirement. Those last two reasons are incredibly gendered, with women more likely to miss out on savings for their retirement.
Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
It was right earlier to highlight the benefits of the coalition Government introducing the triple lock, which this year will mean an uptick of between £650 and £1,000 for pensioners. The coalition Government also introduced mandatory pension contributions and pension pots from employers. Does hon. Lady not think that that is the sort of long-term planning that will make a difference to help this generation to be in a better place financially when they retire?
Wendy Chamberlain
I assume the hon. Gentleman is referring to automatic enrolment; if he waits, I will mention that. I will not let it go amiss.
Returning briefly to the gender pay gap, the Government’s own research puts the gender pensions gap at 35%. I would argue that we could call it the caring gender gap, because life is arguably more complicated for retirees with caring responsibilities. I am not just thinking about older couples who increasingly rely on each other as their health starts to deteriorate, but people who move into retirement while carrying on caring for their adult children or for other family members.
Constituents have written to me to protest about the injustice of having lost out on the opportunity to build up retirement savings and now, moving into pension age, losing their carers allowance but still continuing to provide unpaid care to their loved ones while others in their cohort settle into a more comfortable retirement. I would like to see a comprehensive plan from the Government, across Departments, to tackle that unfairness. Are there ways of bringing unpaid carers into auto-enrolment through a credit scheme? Could we increase the employer contribution to auto-enrolment to help to build the savings of those in low-paid work? How can we encourage more carers back into the workplace?
I was proud to pass the Carer’s Leave Act 2023, but that is not enough. We need policies on issues such as staying-in-touch days and we need a carer’s allowance that incentivises work. I look forward to meeting a colleague of the Minister on just that. There is definitely an education piece here. Auto-enrolment was an incredible policy, but it also means that people do not really think about their pensions. The Money and Pensions Service estimates that 22 million people say they do not know enough to plan for their retirement, while Department for Work and Pensions research last year found that attitudes to pensions are
“characterised by detachment, fear and complacency”.
I think that those views would be represented in this place, too, when I think about the different things I did before I came to this place and the different pension pots I have.
I understand that planning for retirement is difficult and complicated unless you are an actuary or a financial specialist. I can hear the response of my teenage children if I try to bring it up at home or see the eyes glaze over on the doorstep, but people do care about the result of not engaging. My challenge for the Minister is to bridge that gap and change our culture so that people knowing about their pension is normal, and not scary but a standard part of people’s financial planning and education.
I am interested to hear the Minister’s ideas, but I will put to him just one that keeps coming up when I speak with experts and stakeholders. Will he consider a trial to test the impact of automatically booking savers for pensions guidance appointments when they turn 50? Let us try to make it easy, because lots of things can happen in retirement: your health can change, you could be bereaved or divorced, you could become a carer. The economy could be crashed, causing a sustained cost of living crisis. To try to understand drivers of poverty among older people, Independent Age followed the outcomes for a cohort of pensioners who entered state pension age above the poverty line. Within 10 years almost half had fallen into poverty. Something else is clearly happening that we need to understand. I have talked about a lot of different moving parts in the overall pension and poverty landscape, but what we need—what older people need—is a comprehensive plan.
I will end by asking the Minister this: will he consider a cross-Government review of what support an older person needs to stay out of poverty? Will he bring Westminster up to the standards of other nations and support a Westminster commissioner for older people and ageing? I would like to get something done and I am sure that the Minister would too. I look forward to hearing his response.
The Parliamentary Under-Secretary of State for Work and Pensions (Paul Maynard)
I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing the debate. I am always happy to meet her, as she knows. I think I have been given eight minutes to respond. Is that correct, Madam Deputy Speaker? [Interruption.] I have been misinformed. Madam Deputy Speaker, you will get more of me than I anticipated! I will do my best to respond to all the hon. Lady’s points where I can.
As the hon. Lady will of course know, we have both toured the United Kingdom looking into issues relating to poverty and visiting food banks in Hackney and Newcastle. I have toured North East Fife and thoroughly enjoyed myself, and the hon. Lady has come to Blackpool to look at the situation on the ground—an experience that I trust she enjoyed equally. I know how passionate she feels about this matter, and I hope she knows how passionate I feel about it. As I have said, I shall be more than happy to meet her. She put forward so many ideas in her speech that I may not be able to do justice to them all, but I will do my best to touch on some of them in the time that is available.
The Government fully recognise the challenges facing pensioners owing to the higher cost of living, and we are committed to action that helps to alleviate levels of pensioner poverty. We have taken significant steps to ease financial pressures by providing total support of £104 billion over 2022-25 to help households with the high cost of bills. In 2023-24 we will spend more than £152 billion—5.6% of GDP—on benefits for pensioners, including £125.4 billion on the state pension alone. Tackling high inflation remains a core priority for the Government. At its peak inflation was 11.1%, but the latest Office for National Statistics data shows that we have reduced it to 3.9%, which is good news for everyone but particularly for pensioners, on whom, in my view, inflation bears down particularly hard.
We also recognise the exceptional circumstances of the last two years and have committed ourselves to providing timely relief for those who need it most. That has been especially important following the inflationary pressures. We have provided one of the largest support packages in Europe, including two rounds of cost of living payments. More than 8 million UK households receiving means-tested benefits for which they are eligible, including an estimated 1.4 million pensioner households, may receive additional cost of living payments totalling up to £900 in the current financial year, and 8.9 million pensioner households across the UK will have received an additional £300 cost of living payment this winter as a top-up to their winter fuel payment, worth a total of £4.8 billion.
The Government remain committed to ensuring that older people can live with the dignity and respect they deserve. When I was a Member of Parliament in the coalition, we achieved many things, and to put it bluntly, I happen to think that the Conservatives have a good record as well. I will not get into a fight over whose idea was what when, and who first made the comment when, because I do not think that that would do much credit to the joint endeavours on which we are engaged, but we have stuck with the triple lock. The state pension will increase by 8.5% in April 2024, following the 10.1% increase in April 2023, and the standard minimum guarantee in pension credit will also increase by 8.5%. Like the hon. Lady, I often meet Steve Webb and listen carefully to what he says; he is a wise man indeed.
The hon. Lady focused a great deal on pension credit, as do I, for that matter. It provides invaluable financial support for about 1.4 million households claiming about £5.4 billion. The hon. Lady is right: the latest figures suggest that take-up is 63%, although they are based on cohort estimates, so they are not quite as accurate I would like them to be. Unfortunately, it is often hard to identify actual take-up; that, I think, is one of the deficits of our data system. However, take-up of the guarantee credit element, which is perhaps the main safety net, is at 70%.
I believe we can always do more. In benefit circles, we talk about stock and flow. The new pensioners flowing on to the system need an approach that will ensure that they are signposted speedily, and at an early stage, to the existence of pension credit and the question of whether it is right for them, but in recent years we have been trying to focus on the stock, not least through the advertising campaigns to which the hon. Lady referred. I am sad that Harry Redknapp did not get a mention, given the fantastic video that we put out on social media. As the hon. Lady said, we have also been considering more targeted efforts, including writing to housing benefit claimants. There has been an important trial run, but I do not have the results yet. I want them yesterday because I think they are so important, but I also want to ensure that the data is validated properly and actually means something, so that decisions based on it can then be made.
However, the work we have done already has improved uptake. The quarterly caseload statistics show a rise in the number of households in receipt of pension credit, after about 12 years of the caseload being in decline. I cannot say that that is entirely due to our campaign; Martin Lewis can probably take a share of the acclaim following his ITV series this year. I entirely agree that there are much more creative things that we can do, and we can discuss some of those ideas during our meeting when we get around to it.
The hon. Lady made a point about topping up national insurance and the issues around that. We are looking at introducing online services that will allow people to make their own payments for voluntary national insurance contributions directly to HMRC. I heard the point she made around receipting and the proper provisioning of the service, and she was quite right to do that. That will be uppermost in my mind as we go forward.
I could talk for half an hour on the gender pensions gap, although I am not sure that I have that much time. We all know that the pension gap is there, and part of the reason why auto-enrolment was introduced was to try to address that pension gap over time. In 2012, 40% of eligible women were participating in a workplace pension; 10 years on, that has increased to 86%. That shows that auto-enrolment has been a great success, but in my view it is a work in progress. There are still groups in society who are under-saving, even among those participating in auto-enrolment, and women and those with caring responsibilities are at the forefront of my mind. The hon. Lady might have seen a report by Scottish Widows back in November that identified those issues. I have had multiple discussions within my Department on what we are going to do about each particular group, so that is of particular interest to me as well.
My other point relates to pensioner poverty and poverty indicators, and I suspect we could argue about this until the cows come home. The latest statistics show that in 2021-22 there were 200,000 fewer pensioners in absolute poverty after housing costs than there were in 2009-10. Average pensioner incomes are growing in real terms, and in 2021-22 the average net income of all pensioners was £349 per week after housing costs, compared with £335 in 2009-10. As I have outlined, the Government take the cost of living pressures facing pensioners and pensioner poverty extremely seriously.
The amount we are spending is clear, but I recognise that the task will never end. The hon. Lady is quite right about that, and I think the hon. Member for Strangford (Jim Shannon) mentioned it as well. She and I discovered this on our tours around the country. She will have been sick of hearing me talk about trying to identify people upstream, as soon as something occurs, when the state can intervene and help them, rather than waiting for issues to accumulate further down the track, where the cost to the public purse is that much higher. That is very much the spirit in which I have embarked on this particular part of my ministerial journey. Many of the questions the hon. Lady raised are the questions that I have been raising in my introductory meetings, and I am now getting a chance to put some of the ideas into practice. When she and I meet, I will be in listening mode and I look forward to hearing more about some of her ideas.
Question put and agreed to.