Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Anderson of Ipswich and Lord Stewart of Dirleton

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, the answer to the noble Lord’s question is “imminently”.

Returning to the correspondence with the noble Lord, Lord Anderson, I quote from that letter that bears my signature and which I trust that he will see in due course. He asked whether the Government agree that if, in compliance with Clause 5, a Minister decides not to comply with an interim measure, that would place the United Kingdom in breach of its international obligations. Clause 5 provides that it is for a Minister only to decide whether the United Kingdom will comply with an interim measure indicated by the European Court of Human Rights in proceedings relating to the intended removal of a person to the Republic of Rwanda under, or purportedly under, a provision of or made under the Immigration Acts. The Bill is in line with international law. The Government take their international obligations, including under the ECHR, very seriously, and there is nothing in the clause that requires the United Kingdom to breach its international obligations. In any event, it is not correct that a failure to comply with interim measures automatically involves a breach of international law. There are circumstances where non-compliance with an interim measure is not in breach of international law. There follows a list of further addressees whom I hope will receive the letter presently.

[Lord Anderson of Ipswich (CB)]

I am very grateful to the Minister. I recall that, of the Grand Chamber in Mamatkulov, 13 of the 14 judges in the majority thought that there were no circumstances in which a failure to comply with interim measures could be in accordance with international law. The 14th expressed the view that the Minister has just expressed. Can the Minister indicate in what cases it is lawful under international law not to comply with interim measures issued by the court?

[Lord Stewart of Dirleton (Con)]

It would be in circumstances where compliance is not possible.

Turning to Amendment 37 in the name of the noble Lord, Lord Coaker—

[Lord Stewart of Dirleton (Con)]

My Lords, I now turn to Amendment 37 in the name of the noble Lord, Lord Coaker.

[Lord Anderson of Ipswich (CB)]

My Lords, I do not wish to prolong things, but so we can be completely clear, is the Minister accepting that in circumstances where the Strasbourg court has made an order and it is possible for the United Kingdom to comply with that order, then the United Kingdom will be in breach of its obligations if the Minister decides not to comply with it? That is what I take from what he has just said.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Anderson of Ipswich and Lord Stewart of Dirleton

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, ultimately the matter for the Committee to take into account—I appreciate that I am not giving the noble Lord an answer—is where this leaves our domestic obligations, not our international ones.

[Lord Anderson of Ipswich (CB)]

Surely it is relevant to this Committee, if we are being invited to pass Clause 5 into law, to know whether or not, in the Government’s view, it will enable or facilitate a breach of international law by a Minister acting in reliance on it. The Minister does not seem to be able to tell us whether he takes that view or not. I read the human rights memorandum as taking the orthodox view that there is a breach of our international obligations when interim measures are disregarded by a Minister. Is the Minister telling us that the position has changed since that memorandum was drafted?

[Lord Stewart of Dirleton (Con)]

My Lords, in addressing the Committee, I outlined that the position in relation to international measures is that they must be incorporated into domestic law before they take on binding character for our domestic courts.

[Lord Anderson of Ipswich (CB)]

I do not believe there is any dispute in this Committee about the proposition that the Minister has just delivered himself of. However, we are not talking about domestic law; we are talking about international law. If the Minister cannot answer the question now, will he add it to what is, I am afraid, the lengthy list of questions on which he has kindly offered to write to the Committee in due course?

[Lord Stewart of Dirleton (Con)]

My Lords, in view of the hour and the information which I have to hand, and given the stark terms in which the noble Lord expresses himself, that might perhaps be the better course.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Anderson of Ipswich and Lord Stewart of Dirleton

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, all relocated individuals will receive protection appropriate to them and assistance according to their needs, including, where necessary, referral to specialist services to protect their welfare. Furthermore, it remains possible for an individual to raise a claim that their individual circumstances mean that Rwanda is not a safe country for them. Should such a claim succeed in demonstrating that serious, irreversible harm will result from removal to Rwanda, that removal will not take place. We expect such successful claims to be rare, bearing in mind the safety of Rwanda, which I have already set out in my response.

The United Kingdom and Rwanda will continue to work closely to make this partnership a success. I do not accept that individuals relocated to Rwanda would be at risk of torture or any other form of inhumane or degrading treatment. I assure the Committee that, under this Bill, decision-makers will already be able to consider compelling evidence relating specifically to a person’s individual circumstances. Should someone with particular vulnerability concerns be relocated to Rwanda, safeguarding processes will be in place.

That Rwanda cares deeply about refugees is amply demonstrated by its work with the UNHCR to accommodate some of the most vulnerable populations who have faced trauma, detention and violence. We are confident that those relocated under our partnership would be safe, as per the assurances negotiated in our legally binding treaty. I therefore invite the noble Lord to withdraw his amendment.

[Lord Anderson of Ipswich (CB)]

My Lords, it was once the practice of our courts to prevent the jury from dining until they had reached their verdict. Rising to my feet on the wrong side of 3.30 pm, it seems that this practice may live on, unreformed, in what we must get used to calling “the court of Parliament”. Your Lordships may feel that they have had enough food for thought in this debate and that it is time for sustenance of a different kind, so I shall be as brief as I can in response.

What a debate it has been—fully up to the standards of its predecessor earlier today. I will pick out a few of the highlights from the Back Benches. We had lessons from the noble Baroness, Lady Chakrabarti, and the noble and learned Lord, Lord Hoffmann, on precedent. It seems one has to go back to 1531 to find a precedent for this Bill. The moral I took from his tale was that it ended badly for both the cook and the Act.

We were reminded by the noble Baronesses, Lady Lister and Lady D’Souza, of the astonishing fact that the courts must not consider even a complaint of risk of torture in Rwanda or a country to which Rwanda might send somebody. As the noble Lord, Lord Cashman, and the noble Baroness, Lady Kennedy, reminded us, that is no theoretical possibility. What an illustration it is of the lengths to which this extraordinary provision goes. We also heard a political analysis from the noble and learned Lord, Lord Falconer—I suspect it was very astute, but it is well above my pay grade so I will say nothing more about it. The right reverend Prelates the Bishops of Bristol and Leeds wove together the legal, moral and even philosophical aspects of the issue, as did the noble Lord, Lord Scriven. We are grateful to them for that.

I will single out two speeches, both from the Conservative Benches. The first was from the noble Lord, Lord Clarke of Nottingham. I followed with great care everything the noble Lord said, not just in this debate but in the debates on the Illegal Migration Bill. It seems that he is one of the very few people, either in this House or outside it, who can vocalise the quite understandable unease engendered in fair-minded people in this country by the prospect of immigration generally, and particularly by the prospect of people—as they see it—coming in without respecting the rules. He combines that with an absolute conviction that we need to address that problem without sacrificing our core values. I am so grateful to him, once again, for that extraordinary speech. How on earth did he never become Prime Minister of this country? There will be political historians who know the answer to that.

The speech of the noble Lord, Lord Deben, is the other speech I will single out, because he made the link so persuasively between this Bill and the most insidious of the threats to our democracy: disregard for the truth and subjugation of the truth to political expedience.

As to the Minister’s speech, he made the argument that considering even a claim that someone would be exposed to torture would place, as he put it, excessive demands on the resources of the courts and stand in the way of relocating individuals. With great respect to the Minister, I found that extraordinary coming from the mouth of a lawyer. I have rarely heard such a formulation of the argument for administrative expedience.

He raised Clause 4(1), and I acknowledge that it makes provision for decisions based on “particular individual circumstances”. If you have compelling evidence relating specifically to your individual circumstances, you might receive some consideration, either by the decision-maker or the court. However, as the clause also says, if your ground is that the Republic of Rwanda is not a safe country in general, it does not work. As the noble and learned Lord, Lord Hoffman, reminded me sotto voce during the debate, it is apparently therefore a defence to a claim under Clause 4 that you are about to be exposed to torture, “Oh, don’t worry, plenty of other people will be exposed to torture as well, it’s nothing to do with your own particular individual circumstances—case dismissed”. It is extraordinary.

We should be grateful, I suppose, to hear the Minister say that our amendments and speeches are listened to and that his party does not dictate the reporting of the Sun. I am grateful for both of those things, and we look forward to seeing those welcome words reflected in actions. On that theme, it was good to see the Opposition Front Benches listening intently throughout. I have no doubt that we will be coming back to these issues on Report. It may be that, as the noble Lord, Lord Coaker, said, the Bill will not be blocked, but we have to get it right and we cannot legislate for nonsense.

I say to the Minister that we do not want to boil him alive—although it may sometimes feel a bit like that—but this Bill poisons the springs of our democracy and I very much hope that this Chamber at least of the court of Parliament will continue to say so. However, because it is the convention at this stage, I beg leave to withdraw my amendment.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Anderson of Ipswich and Lord Stewart of Dirleton

Committee stage
Monday 12th February 2024 Lords Chamber

[Lord Anderson of Ipswich (CB)]

I want to be clear. I referred to the provision of the procedures directive which requires a case-by-case decision on whether a third country is safe. I contrasted that with Clause 2(1) of the Bill, which says that:

“Every decision-maker must conclusively treat the Republic of Rwanda as a safe country”.


Is the Minister saying that there is no difference between those provisions, or is he accepting there has been a diminution of rights under the procedures directive and saying that it does not matter? If that is case, can he explain why it does not matter?

[Lord Stewart of Dirleton (Con)]

My Lords, I do not wish to enter into a matter that lies outwith my department and sphere of responsibility at this hour. With the noble Lord’s permission, we shall write.

Having offered those reassurances to the unionist Benches, I offer this conclusion. We have devised a solution that is innovative and within the framework of international law. It is a long-term solution that addresses the concerns set out in the Supreme Court judgment and ensures that this policy can go ahead, paving the way, as I said earlier, for other countries to look at similar solutions. I invite my noble friend to withdraw his amendment.