Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Lawlor and Baroness Chakrabarti

Report stage
Monday 4th March 2024 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I will speak to Amendments 18, and Amendment 20 which I share with the noble Viscount, Lord Hailsham, the noble and learned Baroness, Lady Hale of Richmond, and the right reverend Prelate the Bishop of St Edmundsbury and Ipswich. I support the starred Amendment 21 in the name of the noble Lord, Lord German.

Amendments 20 and 21 both restore Human Rights Act protection in full for those subject to the Bill pending removal to Rwanda. The amendment of the noble Lord, Lord German, does this in even clearer language by not referring internally to last year’s immigration Bill but clearly stating for the lay reader that Human Rights Act protection is restored.

However, Amendment 18 is a revision of the amendment tabled in Committee by the noble Lord, Lord Kirkhope. It is a modest revision to address the concerns of some of his noble friends. He is not able to be here this evening. I begin with that one because it is so mild and in keeping with the thrust of the Bill, and it cannot be described as wrecking or disturbing the framework—even of a Bill I object to—in any way.

Noble Lords will know that, in Clause 3, most Human Rights Act protection is removed for these vulnerable people. The one thing that is left is the possibility of a declaration of incompatibility. Contrary, I fear, to some of the comments made by the noble Lord, Lord Clarke of Nottingham, and others, there is no possibility in our arrangements for the Supreme Court to strike down the Bill, were it to become an Act, because that is not the arrangement that we have in the elegant British constitutional compromise of the Human Rights Act and the balance it strikes between the rule of law, which is the bedrock of any democracy, and parliamentary sovereignty.

If an Act is declared incompatible, that declaration has merely moral and persuasive effect, and the Act continues in operation. That is why, with the greatest of respect to him, the noble Lord, Lord Clarke, was optimistic to the point of being wrong about that. What the noble Lord, Lord Kirkhope, came up with last time was just the suggestion that, if there were to be a declaration of incompatibility made by a higher court in relation to this legislation, there should be accelerated consideration in Parliament. That is it. I am flabbergasted by the Government’s response, that they would not even have a look at that most modest amendment from their noble friend—a former Immigration Minister, the noble Lord, Lord Kirkhope of Harrogate.

In the noble Lord’s absence, I have retabled the amendment, and it has been tweaked slightly to address some of the points made by his noble friends last time—and I really look forward to hearing what the objection is to that modest suggestion that he made, that, if is there is a declaration, Parliament should have an accelerated timetable, and Ministers should put their arguments to Parliament, not to a court, and Parliament should be given the opportunity to consider what to do next.

As for our amendments to restore Human Rights Act protection, that is another way of trying to restore the protection of the domestic courts. I say to the Government—and here the noble Lord, Lord Frost, has a point—that where they have left us with this Bill, if it passes unamended, is in a situation whereby the only court that will really be seized of these matters and have full jurisdiction over the safety of Rwanda and individual removals, from this country to that country, will be the European Court of Human Rights. Of course, interim measures will be ignorable by a Minister of State, but final orders of the European court will still be an international legal obligation, which is not removed by the Bill.

The noble Lord, Lord Frost, is the one who is telling the truth about the logic of where this Government are heading—really, for walking out of the European Court of Human Rights and walking out of the Council of Europe. We can follow Russia and be the next one out. At least the noble Lord is honest about that position, whereas the Government are trying to have it both ways. They have defenestrated domestic courts and gaslit the Supreme Court, but the only court that will be left for redress in any real terms will be the Strasbourg court. Then the Prime Minister can say, “I told you what I said about foreign courts”, because foreign courts will be all that is left, if that is what we now say about international courts. Goodness me, what terrible politics.

The noble Lord, Lord Frost, has had enough of international law, really—that is where he is coming from—but how on earth are we going to address in a unilateral way the pressing challenges of the 21st century, facing not just the United Kingdom but the world today, whether it is climate change, war and peace or the challenge of the ungoverned continent that is the internet, AI or robotics? It is just nonsense.

The noble Baroness, Lady Lawlor, does not seem to like law, whether it is domestic or international, I hope that she never has need of it and that she is never subject to the kind of abuse of power that sometimes people are subject to, and they need the protection of the courts.

[Baroness Lawlor (Con)]

I ask the noble Baroness to be clear about what I proposed and to what I was referring. I was referring to the laws of this country, made by the people of this country, with the support of the people of this country—good laws. Yes, they support international treaty law, when that is in the interests of this country, and other wider interests that arise, whether they are trade treaties or international agreements over other matters. It is wrong to suggest that I am not in favour of law; I am in favour of good law, but not politicised law, as it very often is, by the interpretations of the Strasbourg court of the convention.

[Baroness Chakrabarti (Lab)]

I am very grateful to the noble Baroness for her clarification. As I pointed out, and I think the noble Lord, Lord Frost, was nodding, the Strasbourg court is unaffected in its final jurisdiction by the Bill—it is our domestic courts that are defenestrated by this government policy.

I look to the noble Baroness’s amendment, which abrogates domestic laws. It refers to

“any provision made by … the Immigration Acts … the Human Rights Act”

and other domestic statute, as well as

“any other provision or rule of domestic law (including any common law)”—

in case Magna Carta still got a shout-out there—and, of course, international law. The noble Baroness has been pretty comprehensive in her approach to law in the amendment, whether domestic or international.

Of course, the noble Baroness says that it is only bad law that she does not like—but of course we all have our own views about good and bad law. Some of us believe that there should be referees in a democracy that is built on the rule of law, and the rule of law was invoked by the Prime Minister, even in his slightly odd Downing Street declaration on Friday.

[Baroness Lawlor (Con)]

May I clarify that my amendment is designed to promote the aims of the Bill to remove people who come to this country illegally to Rwanda and stop obstructions on that matter?