Safety of Rwanda (Asylum and Immigration) Bill

Debate between Edward Leigh and Ruth Jones

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[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.