(8 months, 3 weeks ago)
Lords ChamberAs the noble Lord will be well aware, the treaty is directly reflective of all the Supreme Court’s concerns about the safety of Rwanda. The fact that there are refugees from a certain country does not mean that that country is of itself always and everywhere unsafe.
My Lords, at this stage of the debate on this group, we are looking at two distinct things. One is the question of whether Rwanda is safe. If, as the noble Lord just said, it is unquestionably safe, it seems to me that these amendments are not a problem because, at that point, the Secretary of State can easily say, “It’s safe”, and they will have evidence of that, for this and future Governments.
However, the object of this group is the rule of law, which is the main subject we are looking at. Going back to the development of international human rights law, particularly in the period after 1945, there is a difficulty in totally separating domestic and international law. The rise in international human rights law grew out of the horrors of the 1940s. In 1933, the German Government were legally and properly elected, and passed horrific laws that did terrible things, starting from within a few weeks of the election of Adolf Hitler. That continued, and most historians agree that the first two elections gave the Nazi Party a legitimate majority.
Winston Churchill’s advocacy of the European Court of Human Rights after the Second World War grew up in order to give a fallback where domestic law was not doing the right thing, by linking it to international law and ensuring that there was a stop that said, “You can do this perfectly legitimately domestically, but that doesn’t mean it’s always right and always the right thing to do”. Let us be clear: we are not in a situation remotely like that. The Government are not doing something on the scale of what we saw at that stage. But they are challenging the right of international law to constrain our actions.
The point of international law is to stop Governments going ahead with things that are wrong. The noble Lord, Lord Lilley, made two very good points, particularly in his questions. But one thing I was brought up believing and even, believe it or not, something I was told when I was trained as a clergyman—we do get trained, although that may sound surprising from time to time—was that it is a basic rule of ethics and morality that two wrongs do not make a right. So the fact that we have done the wrong thing in the past does not automatically make it right today.
(1 year, 5 months ago)
Lords ChamberNo, I certainly did not say that the Government do not believe in strategy.
My Lords, it is as likely that the Government did not believe in strategy as to find that a bishop did not believe in God.
Without wishing to channel “Yes, Prime Minister”.
I am very grateful, in addition to those who so kindly co-signed the amendment, to noble Lords who contributed to this debate: the noble Lords, Lord Hannay, Lord German, Lord Paddick and Lord Coaker. The noble Lord, Lord Deben, really worried me, because every time he said something, I found it was in my speech on the next group. That is going to make the speech shorter, which is a great advantage, but it does slightly worry me as to whether he has a hitherto unsuspected hacking habit.