Safety of Rwanda (Asylum and Immigration) Bill
Lord Bishop of Bristol ExcerptsWednesday 14th February 2024
(10 months, 1 week ago)
Lords ChamberRead Full debate Safety of Rwanda (Asylum and Immigration) Act 2024 View all Safety of Rwanda (Asylum and Immigration) Act 2024 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 41-II Second marshalled list for Committee - (12 Feb 2024)
The Lord Bishop of Bristol
My Lords, I am grateful to all those supporting Amendment 75 and for the speeches on it. I am further grateful to the noble Lords, Lord Kerr and Lord Alton, and the noble Baroness, Lady Chakrabarti—they are all helping us to delve deeper into the legal and moral issues in these amendments. I am particularly grateful to the noble and learned Baroness, Lady Butler-Sloss, who has set out her Amendments 70, 73 and 85, to which I have subscribed my name.
This issue is close to my heart, as I speak on behalf of the Church of England on human trafficking and modern slavery issues. I do so from the city of Bristol, with its history of slavery and its current commitment to prevent human trafficking and slavery, including domestically—we train our lay officers to spot the signs of those hiding in plain sight—and to provide refuge for those on their journey through the NRM. I was also particularly grateful to the noble Lord, Lord Deben: I think that I will miss church downstairs, so I am grateful that he has brought church upstairs in his Ash Wednesday words to us about the deep moral issues in our debate today.
I am concerned by the response from the noble Lord, Lord Horam, about drawing the terms of the Bill very tightly. It seems to me that the terms include those who are already victims of crime through human trafficking. This is the nub of my argument: surely it is right to prevent and minimise further risks to people who have already been victims of a crime, as we are obliged to do under national and international law; hence Amendment 70, which would mean that nobody who is thought to be a victim of modern slavery could, as we have heard, be removed to Rwanda, at least before a conclusive decision is made on their case or without assessing what it means for their safety. Such consideration for victims is the least that we can do.
Since the start of 2022, more than 4,000 people who arrived on small boats have entered the national referral mechanism for modern slavery. Under the current proposals, they are both suspected victims of crime and eligible for removal to Rwanda. They may well have been trafficked here against their will, as we have heard, and they are now facing further jeopardy. We need to ensure that this jeopardy is removed, as far as we possibly can. The UK has had until now a world-leading referral system for victims of modern slavery. It is something of which we can be rightly proud. I am concerned, as are others, that the Bill, compounding other recent legislation, puts that world-leading status at risk. Not only are survivors of modern slavery victims of a terrible and traumatic crime but they will now be removed to another country altogether, re-transported to a country which will not, in all probability, treat them well—because the legislation and the treaty do not address concerns that we have heard about today or the concerns of the Global Slavery Index; namely, that the Rwanda Government’s approach to this issue will put those transported there at risk.
Amendments 70, 73 and 85 ensure greater transparency as this legislation is implemented. The amendments mean that we would have a better understanding of the picture of modern slavery as the Bill and treaty are put into effect. As currently drafted, the Bill will have a potentially devastating impact on survivors of modern slavery and our nation’s ability to tackle this crime. Ensuring that the implications of the Bill for victims of modern slavery are subject to ongoing monitoring is the least that we can do. The UK has a strong national referral mechanism but without proper monitoring and transparency worked into the Bill we risk entrenching vulnerabilities and pushing victims back into their original abusers’ hands.
Modern slavery and human trafficking are terrible crimes which represent a traumatic experience. If we are committed to tackling them, monitoring the implications of the Bill for the victims will be fundamental to an ongoing response.
Lord Randall of Uxbridge (Con)
My Lords, I apologise to the Committee for not being present at Second Reading. I am afraid that my health has not been great, and I was a bit worried about my blood pressure—which might have been accentuated by listening to the debate. I declare an interest as the chair of the Human Trafficking Foundation.
I have added my name to Amendment 70, tabled by the noble and learned Baroness, Lady Butler-Sloss. I do not need to say much because the speeches have been wonderful, except to make a plea to my noble friend the Minister regarding Amendment 75. I have always been proud of this country. However, many have put their lives at risk, and many have suffered the ultimate sacrifice. If we reject looking after them, if we do not allow them this, I am afraid that I will not be so proud of this country or of the party that I am in.
I make a further plea to the Minister and my noble friends. I understand entirely the concern regarding migration. It is happening all over the world—illegal crossings, the small boats and so forth. I understand that but let us not just be so dogmatic that we have not an inch of humanity.
I said that I was the chairman of the Human Trafficking Foundation, which I am delighted to be. I started off in the other place, listening to my old colleague Anthony Steen, who was passionate about this; listening to him, I realised what the victims go through. Subsequently, I have been lucky, or unlucky, enough to meet many of these victims. It is not a hypothetical thing. Yes, there are some abuses, but how many of those are really abuses? We must not think —I speak particularly to our own Benches—that everybody who claims that they are a victim of modern slavery or human trafficking is trying to get an easy ticket into this country. It is heartbreaking to see those people and listen to their stories.
I tried this with my noble friend who previously held the position; I pestered him about trying to meet some victims. He was lucky enough to return to the Back Benches before I could implement that request. But I say to my noble friend the Minister, and we have heard it from the noble Lord, Lord Alton, that he has a great deal of humanity. We cannot not make exceptions. As the noble and gallant Lord, Lord Stirrup, said with regard to people who have served the Crown, there is another thing with regards to victims of modern slavery, which the noble and learned Baroness, Lady Butler-Sloss, touched on—that is, prosecutions. If we deport somebody to Rwanda while we are trying to have criminal cases, unless my noble friend assures me otherwise, we are not going to get the evidence to put those modern slavers away. I urge my colleagues, my noble friends, not to be so dogmatic about this. There must be some exceptions. We must show humanity if we can call ourselves British.
Lord Clarke of Nottingham (Con)
My Lords, I support these amendments, which seem to me to go to the heart of the most extraordinary feature of this Bill. It is essentially intended to reverse a legal defeat the Government suffered in the British Supreme Court on a matter of law. Five Supreme Court judges listened to the evidence and decided as a matter of fact that Rwanda is not, at the moment, a safe country for the purposes we are discussing.
The Government have reacted to that judgment in a way no other disappointed litigant could possibly have contemplated. They have decided to invoke the sovereignty of Parliament and to ask both Houses to pass legislation that declares that the facts are indeed contrary to those which the Supreme Court declared to be the factual situation. The facts are to be regarded as the facts the Government state for the indefinite future, whatever happens from now on, unless or until this legislation is amended or repealed—if it ever is. I spoke at Second Reading, so I will not repeat all the arguments I made then, but I continue to be completely flabbergasted by the constitutional implications of the Government acting in this way.
Has the Minister been able to find any precedent for this occurring? Have any Government in a similar situation ever decided to reverse any legal defeat by just passing legislation saying, “The facts are what we say they are, not the facts the Supreme Court has found on the evidence”? I think it unlikely. For that reason, it is an extremely dangerous precedent. For that reason, I very much hope that there will be a legal challenge that will enable the Supreme Court to strike it down as unconstitutional in due course. But the better step would be for Parliament not to pass the legislation in the first place.
Finally, the most striking feature is that the legislation declares the facts to be the facts from now on, so long as it remains on the statute book, regardless of future events. Let us say that a situation arises which I very much hope does not, given that the Rwandan Government are one of the more attractive, by comparison, of African Governments. But say a coup were to occur in Rwanda and the present, fairly benign dictator were to be replaced by a much more malign dictator. What the Government are asking us to declare is that the courts can be told that Rwanda remains a safe country and they are not to entertain credible evidence that events in Rwanda have occurred which change that situation. It is being laid down as a matter of law for the indefinite future, regardless of whatever startling further facts might emerge which someone might put before a court. I find that completely preposterous. I very much hope that we would never elect a British Government who would be so outrageous as to proceed in those circumstances, but that is the legal position this House is being asked to endorse.
I find it incredible that anyone can really expect a British Parliament, in 2024, to pass legislation of this kind. I ask the Minister to reconsider and to let us know whether the rule of law, the admission of evidence and the consideration of that evidence by British judges might be allowed to function in its normal way, and whether the Government are prepared to reconsider at least the wording and the detail, particularly of Clause 2 of the Bill they have put before us.
The Lord Bishop of Bristol
My Lords, my right reverend friend the Bishop of Manchester regrets that he cannot be here today to speak to Amendments 19, 21, 25 and 28 in the name of the noble Lord, Lord Carlile of Berriew, to which he has added his name. I am grateful to the noble Lord, Lord Anderson of Ipswich, for setting out the case clearly, and I am particularly grateful to follow the noble Lord, Lord Clarke of Nottingham, as he has made the case so powerfully.
My right reverend friend and I are concerned, not as lawyers but as citizens, about the constitutional precedent the Bill sets. The role of the judiciary as distinct from the Government and Parliament must not be infringed. Parliament creates laws but judges and juries are responsible for the finding of facts. Where the Supreme Court has ruled that Rwanda is not safe, it is an abuse of Parliament’s powers, as we have just heard, for it to attempt to declare otherwise. We are concerned that the Bill represents a dangerous step. The amendments in the name of the noble Lord, Lord Carlile, therefore attempt to preserve the important principle that facts should be considered by the courts. We must surely be able to take into account credible evidence that Rwanda is not a safe country.
It is not unreasonable to consider, as we have just heard, that the situation on the ground in Rwanda might suddenly change, even if the treaty is properly put into effect to take into account the Supreme Court’s concerns. It is surely right that such a change could be considered in law. Not only is this a vital safeguard for potentially vulnerable people at risk of being sent to Rwanda; it is a vital safeguard for our democracy itself. We must be able to take credible evidence into account when managing any policy, be it on Rwanda or anything else, and we must not be in the habit of setting aside court verdicts we do not like by bringing forward legislation.
My right reverend friend the Bishop of Manchester has also added his name to the proposition put forward by the noble Viscount, Lord Hailsham, that Clause 2 should not stand part of the Bill. Removing this clause would remove the requirement that all decision-makers must treat Rwanda as a safe country. The amendments to which I have already spoken try to mitigate the implications of legislating that a country is safe ad infinitum, but in truth the courts, immigration officers and tribunals need the capacity to consider the facts about whether Rwanda is a safe country in general. Removing the clause altogether is the best way to do this and to maintain independent judicial oversight. My right reverend friend and I agree that this principle is fundamental to the rule of law and access to justice.
Nationality and Borders Bill
Lord Bishop of Bristol ExcerptsThursday 10th February 2022
(2 years, 10 months ago)
Lords ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 82-V(a) Amendment for Committee (Supplementary to the Fifth Marshalled List) - (9 Feb 2022)
The Lord Bishop of Bristol
My Lords, I have added my name to those noble Lords who oppose Clause 57 standing part. I am very grateful to the noble Lord, Lord Coaker, and others, who have already so eloquently made the case about concerns for this part of the Bill. As the Church of England’s lead bishop for modern slavery, I have had the privilege to sit with and listen to many charities, agencies and survivors of modern slavery, so it seemed appropriate to bring those conversations from the grass roots to your Lordships’ attention.
This is a clause which resonates deeply with the Church. Through the Clewer initiative, the Church of England is working across England with many partners to raise awareness of all aspects of modern slavery and to help support victims and vulnerable groups. This includes running training courses on county lines, producing apps which allow for reporting of suspected modern slavery cases in car washes and the farming sector, and working with many churches to raise up and equip volunteers in this area.
Only yesterday, around the corner from here, the General Synod of the Church of England discussed a motion on modern slavery and trafficking brought forward by members of the diocese of Durham and supported by members of the diocese of Southwark. This was prompted by the practical experience and difficulty in supporting a victim who had come to their attention. The synod voted to acknowledge the leading role which Her Majesty’s Government have played internationally in challenging slavery. Voting unanimously, the synod asked Her Majesty’s Government to introduce legislation to ensure proper provision for the ongoing support and protection of trafficked minors, and for this to be enshrined in law.
As a Church, and like many faith groups—I pay tribute, as others have, to the Salvation Army and the Medaille Trust—we wholeheartedly welcomed the Modern Slavery Act 2015. It has been such a crucial piece of legislation, and one we have long harboured hopes of seeing expanded and enhanced to do more to protect victims, to prevent future cases and to work with businesses and civil society in a collective effort against this appalling evil. Accordingly, it is so disheartening to see Clause 57—and others to which we will come to in due course—in this Bill. From so many charities and faith-based initiatives, and from survivors themselves, I have heard a torrent of the same message: “This is not going to work. It is going to exclude legitimate victims. It will result in fewer people being identified. It will result in fewer people being supported.”
The numbers who remain trapped and incapable of receiving the support that they need outstrip by an enormous margin the relatively small numbers seeking to abuse the system. Clause 57 seeks to eliminate abuse. I humbly suggest that we have a system in place that is already able to identify and refuse support to those who are not truly eligible. The noble Lord, Lord Coaker, alluded to this. What Clause 57 will do, in order to cut down on a relatively small level of abuse, is add to the barriers that are put before victims.
I want to end by emphasising that point. Those who work on the ground are desperate to do more to work with the Government to identify victims and eliminate modern slavery. This is the time to be accelerating and increasing our engagement to break the business models that exploit and enslave human beings. It is not the time to be making it harder for victims to come forward. I hope that we can rethink and remove this clause.
Baroness Prashar (CB)
My Lords, I am grateful to the noble Lord, Lord Coaker, for introducing these amendments with such clarity and conviction and to the noble and learned Baroness, Lady Butler-Sloss, for her passionate plea for the Government to have another look at these clauses. What I am going to say will repeat the points that they have made, but I think that they are worth repeating because they are serious concerns.
One of the main concerns of all those working with victims of modern slavery—NGOs, police, prosecutors—is Clause 58. It is humbling when you talk to those working on the front line to hear of the compassionate way in which they work with victims of trafficking. I have listened carefully to their concerns and I think that the Government should pay heed. I urge the Minister to talk properly to those working on the front line with these people.
Clause 58 will have the devastating effect of damaging the credibility of victims of modern slavery if they fail to disclose their trafficking experience within a set framework. The UK, as we have heard, is seen as a world leader in tackling modern slavery. We need to build on that experience and the achievements gained over the last few years, not undermine victims by starting from a position of disbelieving them and then requiring them to prove otherwise. That would be regressive. It would breach the Council of Europe Convention on Action against Trafficking by putting the onus on victims to identify themselves and removing the state’s obligation to identify victims and investigate trafficking offences.
Clause 58 will deter victims from coming forward, reduce the number of successful prosecutions and police investigations and leave the most dangerous criminals free. It is for this reason that the police and prosecutors have voiced their concerns. The Government’s own NRM supporter, the Salvation Army, which has held the victim care contract for over 10 years, has expressed grave concerns. Most worryingly, children are not exempt. That will be a significant setback for the achievements of the Modern Slavery Act and children protection legislation. As we have heard, the conflation of immigration with victims of trafficking, particularly children, is beyond comprehension. This clause goes against experience, undermines a legal principle and displays a complete lack of understanding. As we have heard, both Sara Thornton, the Independent Anti-slavery Commissioner, and Theresa May—rightly, compliments have been paid to her—have expressed concerns. This clause should not stand part of the Bill.
To tackle the problems that Clause 58 is designed to resolve requires operational, not legislative, change. The clause goes against the Government’s own aims. It will push victims away from support, hamper efforts to track down trafficking gangs and likely reduce numbers of prosecutions. What is needed is the improvement of the NRM, reductions of delays in decision-making and better funding. I am not clear how a set framework will help with abuse and I am not aware of any data published by the Government to illustrate misuse of the NRM. Perhaps the Minister can explain how a set framework will help and what evidence, if any, the Government have about the level of abuse.
The Government argue that this measure will help to ensure that victims are identified as early as possible to receive support. Speeding up the process is in everyone's interest, but I am not sure how the clause will help. The probing amendment of the noble Lord, Lord Coaker, which I support, would add a list of good reasons for late disclosure to Clause 58. There needs to be clarity in the legislation that the notice period can be extended. It needs to be stated clearly that there are circumstances when a late disclosure should not be penalised.
With regard to children, will the Government publish a children’s rights assessment and draft guidance before Report? As the noble Lord, Lord Coaker, said, we need that in the Bill.
Baroness McIntosh of Pickering (Con)
I am delighted to follow the noble and learned Baroness. The Committee has benefited greatly from her insightful comments on the background. This is a particularly murky world about which we are talking. People are in an extremely vulnerable and unfortunate position, and they may well be preyed on and further exploited by the very people I applaud the Government for trying to target.
I will speak briefly to Amendments 160 and 163 in my name. Amendment 160 is the key amendment; again, it is a concern raised by the Law Society of Scotland, which is keen to ensure that these provisions be brought to account only in exceptional circumstances. The reasoning for this—which follows very well from the discussion we have heard in this debate—is that Clause 62 excludes from the national referral mechanism persons who have committed criminal offences as well as other offences relating to terrorism. It excludes those who have claimed to be victims of terrorism in bad faith. However, it appears to divide victims into the worthy and the unworthy. Surely the Government must explain their reasoning behind this. In my view, and that of the Law Society of Scotland, no one should be disqualified from being a victim of one crime because they have been a perpetrator of another—precisely for the reasons that the noble and learned Baroness, Lady Butler-Sloss, gave us. Victims of trafficking could be criminalised for conduct relating to their trafficking. This is in breach of Article 26 of the Council of Europe trafficking convention. I cannot believe for a minute that this is the intention of the Minister or the Government in this regard.
The noble Baroness, Lady Ludford, referred to a recent court case; I do not know if it is the same one to which I will refer. A violation of Article 4 of the ECHR was recently found against the United Kingdom, in this regard, by the European Court of Human Rights in VCL and AN v the United Kingdom. For those who would like to research this further, the reference is application numbers 77587/12 and 74603/12.
I conclude with a question to the Minister. Does he not share my concern that the clause, as it stands and without reference to exceptional circumstances, introduces a high risk of a double punishment for those victims who have received convictions? Moreover, disqualifying certain victims from protection increases the prospect that they will be further exploited by organised criminal groups as they will be unable to access protection from the state.
The Lord Bishop of Bristol
My Lords, I have added my name to those of noble Lords who oppose Clause 62 standing part of the Bill. I echo remarks made by noble colleagues.
As the noble Baroness, Lady McIntosh, just said, Clause 62 goes to an essential point of principle in the entire operation of how modern slavery protections ought to work. The proposal is that Clause 62 makes victimhood a conditional state. In fact, it sets up a division between worthy and unworthy victims, as the noble Baroness commented. This would be such a retrograde step. If we are serious about destroying the business model of modern slavery and identifying and prosecuting as many slavers as we can, we must find ways of incentivising and supporting all victims to come forwards. By excluding from support those who have acted in bad faith—a term for which I greatly welcome more clarity from the Minister on what it would mean—or those deemed a threat to public order, we are creating two categories of victim.