Safety of Rwanda (Asylum and Immigration) Bill

(Limited Text - Ministerial Extracts only)

Consideration of Commons amendments
Monday 22nd April 2024 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendment 3J, to which the Commons have disagreed for their Reason 3K.

3K: Because the Commons consider that it is not necessary as the Bill comes into force on the day on which the Rwanda Treaty enters into force and Rwanda’s ongoing adherence to its Treaty obligations will be subject to the monitoring provisions set out in the Treaty.

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

My Lords, this Bill has now been scrutinised a number of times. The Government have rejected this amendment several times, so we must now accept the will of the elected House, bring the debate on this last amendment to an end and get this Bill on to the statute book. Having now debated this issue on so many occasions, I will not repeat the same arguments but reiterate a few key points. The Bill’s provisions come into force when the treaty enters into force, which is when the parties have completed their internal procedures. We will ratify the treaty in the UK only once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty.

I have set out the steps that have been taken to be ready for the treaty to be ratified, and I will remind noble Lords once again of the most recent step. Last Friday, 19 April, the Rwandan Parliament passed its domestic legislation to implement the new asylum system. Rwanda has a proven track record of working constructively with domestic and international partners, including the UNHCR, the International Organization for Migration and other non-government organisations to process and support asylum seekers and the refugee population. As I have already set out this evening, the Government are satisfied that Rwanda is safe and has the right mechanisms in place should a situation ever arise that would change that view. The Government will respond as necessary, and this will include a range of options to respond to the circumstances, including any primary legislation if required.

The monitoring committee will undertake daily monitoring of the partnership for at least the first three months to ensure rapid identification of, and response to, any issues. This enhanced phase will ensure that comprehensive monitoring and reporting take place in real time. During the period of enhanced monitoring, the monitoring committee will report to the joint committee in accordance with an agreed action plan to include weekly and biweekly reporting, as required. The implementation of these provisions in practice will be kept under review by the independent monitoring committee, whose role was enhanced by the treaty, which will ensure compliance. I beg to move.

[Lord Anderson of Ipswich (CB)]

My Lords, Amendment 3J in my name turned out to be the last one standing. Perhaps I may say just a few words at its funeral. It was not much, perhaps, compared with some of those amendments that had already been defeated. Indeed, it survived so long under the guidance of the noble and learned Lord, Lord Hope of Craighead, who I am delighted to see back in his place, precisely because it was so modest and unthreatening to the Government’s policy. But it at least touched on a central disease of this Bill and perhaps of our body politic more generally: the imputation of decisions to Parliament to reduce the possibilities for challenge and the pretence that by asserting something to be true, even in the teeth of the evidence, one can not only make it true but keep it true for ever.

Many people, some of them perhaps still watching even now, will have wished us to keep on fighting, but without the threat of double insistence—which remains part of our constitutional armoury, but which did not command the necessary political support on this occasion—there would have been no point in doing so. The purpose of ping-pong is to persuade the Government, through force of argument, to come to the table and agree a compromise. They have refused pointedly to do so, and after four rounds of ping-pong, their control of the Commons remains as solid as ever.

The time has now come to acknowledge the primacy of the elected House and to withdraw from the fray. We do so secure at least in the knowledge that the so-called judgment of Parliament was not the judgment of this House, and that we tried our hardest to achieve something a little more sensible. We must take comfort from such assurances as the Minister has been able to give and hold the Government to them. This is the Government’s Bill, resolutely free of any outside influence. As a patriot, I can only hope—though I am afraid, without much optimism—that it will bring benefits, in some way, commensurate to its real and painful cost.

--- Later in debate ---

With those brief remarks, I will finish by thanking again the noble Lord, Lord Sharpe, for his courtesy and all the Government Front Bench in the Lords. The Bill will now go forward, and the Prime Minister will no doubt read at great length in the papers tomorrow—he has briefed some of them already—how he got his way with the House of Lords and how he pushed aside those who sought to obstruct the elected will of the people. He will know, as will the noble Lord, Lord Sharpe, and many others here, that that was never the intention of His Majesty’s Opposition, but we will no doubt read in the papers tomorrow that it was. That is not a great reflection on the way Parliament operates, and reflecting on the good way that it is operating should be the headline tomorrow.

[The Lord Privy Seal (Lord True) (Con)]

My Lords, if I might intervene briefly and ask my noble friend for indulgence, I should say that the noble Lord opposite made important remarks. This House has a major and abiding role in asking the elected House to think again. But as he said, we are now four times into this process. This House is at its best, as he again implied, when we have dialogue, understanding and tolerance across the Chamber. We have heard the words “patriotism” and “morality” used—not by the noble Lord opposite. In my experience as Leader of this House, this is a patriotic House, whatever the party and whatever the person. This is a House where people of different political views, with a high political morality of public service, have different ways of seeking to achieve the same end. The party opposite wishes to repeal this Bill; I hope it will, shortly, be passed.

I have said this before on other occasions, and I am sorry; I crave the indulgence of the House at rising at this, but it is an important point. It is important that we have a discussion about what are the limits and what is the place of your Lordships’ House in scrutinising and indeed challenging legislation put forward by any elected Government. However, he embers of the passage of this important Bill, which I understand was controversial in this House, are not the occasion. I do not think this is the place, but this is a matter that we might debate in an open forum and privately, and I hope that we can do that.

I appreciate the gentle way—in the sense of gentlemanly, if that word is allowed to be used in this way—in which the noble Lord has put the point. I appreciate his tribute to my noble friends and others on the Front Bench, and indeed to all the people in this House. There have been spirited and good debates, in the best traditions of the House, but in the weeks and months ahead we must reflect on whether sending something back to the elected House four or five times is the best way to enable the King’s Government to be carried on.

[Lord Purvis of Tweed (LD)]

Perhaps the Leader might reflect on the point that my noble friend Lord German made. The Minister, this evening and previously, has said that the Government currently are not in a position to ratify the Rwanda treaty because they are not in a position to state that the conditions that would be required to ratify the treaty are yet in place. That assumes that a process will have to be under way for the Government to ratify that treaty, of which we are currently unaware.

The Leader speaks very sincerely about our ability to scrutinise and to hold the Government to account for decisions that they make, especially when it comes to international agreements. Given what the Minister said—I repeat, that the Government are currently not in a position to ratify the treaty—will the Leader ensure, through the usual channels, that there is open discussion about facilitating time in this Chamber for us to discuss what the Government’s statement would be when they come to the conclusion that those requirements for the treaty are in place? Surely that is simply an open way for us to scrutinise the decision that would be made if the conditions are met.

[Lord True (Con)]

My Lords, I hope it is in scope for the Leader of the House to interpose his body, particularly when the noble Lord is active and spirited, as he is at this hour. I will say two things. First, we have had many hours of debate on this legislation. I think the doubts about the Bill, and we believe the beliefs and proprieties about it, are entirely clear. So far as further discussion and the development of events are concerned, we in the usual channels are always open to discussion with other parties about when or in what way further discussion can be made. I apologise to the House for my intervention but these are important things which we need to reflect on. Perhaps this has been a prolonged process, but I would like, in the immortal phrase of the Senate of the United States of America, to yield the floor to my noble friend Lord Sharpe to conclude the proceedings.

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for his intervention. He put his points across extremely eloquently, and I agree with all of them.

I say gently to the noble Lord, Lord Anderson, and the noble Baroness, Lady Bennett, that the Bill does comply with international law. It is profoundly moral and patriotic to defend the integrity of our borders, and it is profoundly moral and patriotic to prevent the needless loss of life in the channel and to put the criminal gangs out of business.

I also ask the noble Baroness, Lady Bennett, why the Green group is currently a solo act. Where is her partner?

[Baroness Bennett of Manor Castle (GP)]

I have been asked a direct question. I am sure the House would have been delighted to hear from both of us this evening, but we made a choice to have one representative. If the House would like to hear and see more of us, we would welcome being invited to do that.

[Lord Sharpe of Epsom (Con)]

Speaking personally, I would rather hear a lot less, but there we are.

Rwanda is a safe country that has proven time and again its ability to offer asylum seekers a safe haven and a chance to build a new life. Rwanda has a strong history of providing protection to those who need it and currently hosts over 135,000 refugees and asylum seekers, who have found safety and sanctuary there. Binding provisions in the treaty place obligations on the Government of Rwanda to provide for those relocated under the partnership, and this is long overdue. I put on record my thanks to officials in the Government of Rwanda for all their efforts in delivering this partnership. I commend the Motion to the House.

Motion A agreed.