Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Report stage
Wednesday 6th March 2024 Lords Chamber

Moved by

[Lord Browne of Ladyton]

44: After Clause 5, insert the following new Clause—
“Exemption for agents, allies and employees of the UK Overseas(1) Notwithstanding the Nationality and Borders Act 2022, the Illegal Migration Act 2023, any earlier Immigration Acts and the other provisions of this Act, the following categories of person may not be removed to the Republic of Rwanda—(a) agents or allies who have supported His Majesty’s armed forces overseas in an exposed or meaningful manner that now affects their claim for protection;(b) persons who have been employed by or indirectly contracted to provide services to the UK Government in an exposed or meaningful manner that now affects their claim for protection;(c) the partners and dependent family members of persons referred to in (a) or (b) above;(d) persons who were the partners or family members of persons referred to in (a) or (b) above in a manner that now affects their claim for protection.(2) The exemption in (1) above includes but is not limited to persons eligible for entry to the UK under the Afghan Relocations and Assistance Policy (“ARAP”) and Afghan Citizens Resettlement Scheme (“ACRS”).”Member's explanatory statement
This new clause would exempt people who have put themselves in harm’s way in support of His Majesty’s Armed Forces or otherwise via working with or for the UK Government overseas. It further exempts their partners and dependent family from removal to Rwanda.

[Lord Browne of Ladyton (Lab)]

My Lords, I wish to test the opinion of the House. In the interests of being concise, I draw on the words of one of the most concise and persuasive speakers in your Lordships’ House: my friend the noble and gallant Lord, Lord Stirrup, who said when debated this amendment on Monday:

“That really is the question before your Lordships: would the harm done to the UK by not agreeing this amendment outweigh the impact that agreeing it would have on the Government’s objective of ceasing illegal immigration? The answer, it seems to me, is an overwhelming yes, and therefore I believe we should agree the amendment … My proposition to your Lordships is therefore this: let us pass the amendment and send the issue back to the other place and let us then see what importance it attaches to the safety of those who have hazarded their security and their very lives in support of global Britain’s overseas endeavours.”—[Official Report, 4/3/24; col. 1411.]


I beg to move.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Deben (Con)]

My Lords, it is extremely difficult to debate anything in the Bill if the only answer of those who are happy with it is, “It is all very difficult, and therefore we have just got to do it as we are saying, because we really cannot deal with any of the details”. I have to say to my noble friend that the fact that we are talking about people who come to this country not illegally but involuntarily means that we are not talking about people who are going to be deterred by anything. They do not want to come here, so the question is how we deal with those.

I must say I am a bit tired of having to remind this Government of what it means to be a Conservative. I had to do it earlier, on the single market, and I am now doing it on this. We have a reputation in the world because of our Modern Slavery Act. It was a brave and important thing to do. It was welcomed across the whole House. I am proud that it was a Conservative Government who did it. I am not proud that there is a Conservative Government undermining that, when we know that more than three-quarters of those who appeal in these circumstances are found to be right in their appeal.

We also know that appeal is very difficult. We know how many people who are trafficked do not get into the system because of the nature of trafficking. Those of us who sit in our comfortable places might just think, on Ash Wednesday, that this is a moment to reach out to those who are uncomfortable and not able to speak up for themselves. There are few people who are in a worse position than those, so on what possible moral basis do you threaten to send them to a country which has not signed up to the international agreement on modern slavery, has twice as many modern slaves as we do—and we admit that we have many whom we have not traced—and has a history of ignoring this problem? How on earth can we defend that on a moral basis, leave alone a practical one? What the blazes is the use of claiming that there is a deterrent effect when the person you are talking about is not in a position to be deterred because they have been taken up by someone who has made those decisions for them?

I believe we cannot allow the Bill to go through without some serious consideration of this point and make sure that we do not allow our country to be let down in this way.

[Lord Browne of Ladyton (Lab)]

My Lords, I rise to speak to Amendment 75 in this group, which is in my name and supported by the noble and gallant Lord, Lord Stirrup, and the noble Baronesses, Lady Coussins and Lady Smith of Newnham. The noble Baronesses have asked me to tender their apologies as they are unable to attend today’s Committee. I confidently expect that they may get an opportunity in later stages of the Bill to explain to your Lordships’ House their reasons for supporting this amendment.

Before I turn to Amendment 75, I wish to make clear my support for the other amendments in this group, those in the name of the noble Lord, Lord German, and the noble and learned Baroness, Lady Butler-Sloss. I commend them both for tabling these amendments and for the powerful clarity with which they were moved. I am strongly in favour of excluding unaccompanied children, victims of modern slavery and the victims of human trafficking—in fact, I am in favour of excluding those who have no option about where they are from deportation to Rwanda.

These debates are fundamental, even leaving aside the morality of offshoring—or, perhaps more accurately, offloading—a question which has received sufficient attention in your Lordships’ House to require no further explication from me. These decisions on exemption speak to the values we project around the world. Given the political capital that has been invested in the Rwanda scheme, its realisation, were that to occur, will attract a correspondingly large amount of international scrutiny. It is difficult to imagine the global derision and horror that would result from pictures of children and victims of slavery and trafficking being bundled on to flights for forcible removal from the UK, a place in which these vulnerable people have sought sanctuary, to any other country, never mind to one which is not, as we hear, in a condition to look after them and to protect them from the vulnerabilities that caused them to seek sanctuary here in the first place.

I turn to Amendment 75. As the explanatory statement makes clear, the new clause proposed would exempt people who are a very special case—those who have put themselves in harm’s way in support of His Majesty’s Armed Forces, or through working with or for the UK Government overseas—from removal to Rwanda, as well as exempting their partners and dependent family from such removal. Again, I ask your Lordships’ House to consider what message would be sent by the spectacle of someone who has faced peril in service of the UK receiving the reward of forcible removal from the very country for which they risked their life?

Last Monday, 5 February, in the debate on a UQ on the relocation of Afghan special forces, I welcomed—and I repeat that welcome today—the Government’s undertaking to review all the ARAP applications from members of the Afghan special forces, known as the Triples, that have already been deemed ineligible. Some of these very brave men and their families and dependants are hiding in Afghanistan, and others are in Pakistan fearing deportation, and awaiting whether the new Government in Pakistan have the same policy as the previous Government to deport them back to Afghanistan, where they would be in danger of their lives.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank all noble Lords who have taken part in this very thoughtful debate. I reassure noble Lords that my noble and learned friend and I have paid very close attention to all the points that have been made.

As we have heard, these amendments relate to the position of potential and confirmed victims of modern slavery, and exempting people from being relocated to Rwanda, including those who have supported His Majesty’s Armed Forces or the UK Government overseas in certain circumstances.

Of course, we greatly value the contribution of those who have supported us and our Armed Forces overseas, and we have accepted our moral obligation. That is why there are legal routes for them to come to the UK. For example, all those who enlist and serve in His Majesty’s Armed Forces are exempt from immigration control until they are discharged from regular service. After that, non-UK HM Armed Forces personnel can apply for settlement under the Immigration Rules on discharge, when their exemption from immigration control ends. There are also provisions for family members of HM Armed Forces personnel to come to the UK legally. Anyone eligible for the Afghan relocations and assistance policy and Afghan citizens resettlement scheme should apply to come to the UK legally under those routes. As regards the specific case of British Council personnel, they are qualified under the third pathway of the ACRS and places are offered to them. To correct the noble Lord, Lord Scriven, these are not Home Office-run programmes, they are run by the MoD and the Foreign Office.

I have no doubt that, with regard to Amendment 75, the noble Lord, Lord Browne of Ladyton, would agree with me that we need to deter people from making dangerous and unnecessary journeys to the UK. A person who arrives in the UK illegally should not be able to make the UK their home and eventually settle here. Regardless of the contribution they have previously made, a person who chooses to come to the UK illegally, particularly if they have a safe and legal route available to them, should be liable for removal to a safe country. Having said that, the noble Lord, Lord Alton, and the noble and gallant Lord, Lord Stirrup, know that service- men are a subject of considerable personal importance to me. If they have any particular instances of personnel struggling to access one of those safe and legal routes, I ask them to raise them with me directly.

[Lord Browne of Ladyton (Lab)]

I feel I have to point out to the Minister facts which I took for granted, because they had instructed the Government’s apparent U-turn on the ARAP scheme to review those who had been told they were ineligible for it. That implies that the Government accept the overwhelming evidence that these decisions were made in error on our relationship to people who were otherwise members of the Afghan forces and not our forces, and therefore not able to avail themselves of the provisions that the Minister has described—unnecessarily, I think—to the Committee. It is not those people we are talking about.

We have a group of people who were refused because errors were made. They may also have been refused, in some cases, because there was a deliberate, venal reason by other forces to block them from that arrangement. I do not want to debate that issue; I do not know the facts of it, it is subject to an investigation, and we should not trouble ourselves with it. However, that may be the case.

It comes to this: many of these people applied for the status that would allow them a legal way to come. They were refused—in error, deliberately, or maliciously. The review will tell us that. They were then faced with the choice to stay in Afghanistan and face certain death or to get here somehow. They chose to get here somehow; they had no alternative. There was no legal route open to them. That is the dilemma. It is not that they chose not to “hop on” a British Airways flight and come here, showing their status to allow them to do it. It was taken from them wrongly and they were left in this situation. They had the choice of waiting for their death or getting here. These are not people doing something because they want to—they have no alternative.

Crown Courts: Outstanding Cases

Lord Browne of Ladyton Excerpts

Thursday 15th April 2021 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, we are keenly aware of the need to improve timeliness for both defendants and victims, and to mitigate the impact of delays on complainers and witnesses in such cases. To that extent, I agree with what the noble Lord asked in his question.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, in a Written Question on 17 December, my honourable friend Alex Norris asked the Secretary of State for Justice

“what assessment he has made of trends in the level of defendants offending while awaiting delayed court dates.”

On 15 January, the dismissive one-sentence reply was:

“We do not hold any data on offences committed by offenders.”


Is data about the number of offences committed on bail no longer held on the police national computer? Why have this Government apparently lost interest in trends of the criminal behaviour of offenders awaiting trial?

[Lord Stewart of Dirleton (Con)]

My Lords, I repeat the answer given previously: the department does not collect specific data on the level of offending by defendants on court bail. However, as the noble Lord is aware—and as Members present may not be aware—the commission of a crime on bail is itself an aggravation, which will be reflected in the sentence.

Northern Ireland: Defamation Act 2013

Lord Browne of Ladyton Excerpts

Monday 11th January 2021 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Lord makes useful points in relation to the benefits flowing from this statute. I repeat my previous answer that the law of defamation is a devolved matter for the Northern Ireland Assembly. I am aware that work relating to a Bill of the sort that applies in England and Wales may shortly restart. Indeed, I can advise the noble Lord that similar provisions are currently under contemplation by the Scottish Parliament.

[Lord Browne of Ladyton (Lab) [V]]

My Lords, the Society of Editors has made clear that meaningful reform of libel laws in Northern Ireland is part of a broader package of issues that threaten press freedom and freedom of speech there. There are the issues of media plurality, the use of private injunctions to try to stifle legislation and, more worryingly, continuous online abuse and paramilitary threats to journalists. Surely this is a shared responsibility between the UK Government and the devolved Administration. I understand that the Government are not discussing libel laws with the Northern Ireland Executive, but what are they discussing with them to try to resolve these problems?

[Lord Stewart of Dirleton (Con)]

My Lords, as I say, the matter is a priority for the Northern Ireland Assembly. There are discussions between it and the UK Government, albeit that I am not aware of their specific focus regarding defamation. It is a pleasure to reply to the noble Lord; I followed him in this place as I followed him at the Scots Bar, and it seems not too long ago that he and I were sweating over our books in Parliament Hall in preparation for our exams.

Northern Ireland: Devolved Government

Lord Browne of Ladyton Excerpts

Monday 18th March 2019 Lords Chamber

[Lord Duncan of Springbank]

I am afraid I do not know the answer to that question.

[Lord Browne of Ladyton (Lab)]

My Lords, has the Prime Minister met with the leaders of any other parties in Northern Ireland to discuss Brexit in the same timescale as she has met with the DUP? All important decisions in Northern Ireland according to the Good Friday agreement require cross-community agreement. What efforts are the Government making to get cross-community agreement for the people of Northern Ireland?

[Lord Duncan of Springbank]

Brexit is Banquo’s ghost at every meeting the Secretary of State for Northern Ireland undertakes in Northern Ireland—of that I can be absolutely certain. The important thing is to ensure that all those in those discussions are heard and that their voices are not ignored. We are not yet in a position to bring them together to deliver the Executive that we would wish to see restored.

European Union (Withdrawal) Bill

Lord Browne of Ladyton Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[Lord Browne of Ladyton (Lab)]

It is crucial that we understand that the Prime Minister proposed in Munich a treaty for what was referred to as “internal security”, which is internal security within the European Union. It would be a treaty which had plenty of detail and clearly reflected co-operation with the existing institutions of the European Union—that is where we get into discussion about the European Court of Justice. But for external security, there would be co-operation. Why this difference? Why a treaty for internal security, and why just co-operation on global security, with a clear indication that we would leave the European Union’s foreign policy on the date of Brexit?

[Baroness Goldie]

There seems to be an inescapable distinction between these two positions. In relation to the internal security of the EU, there can be a meaningful discussion about what we can do to assist and support that, but when it comes to external security and just as I have outlined, there is a multiplicity of other positions, agencies, alliances, relationships and partnerships which govern what we do. I can see that what would be appropriate to deal with one scenario might not be appropriate to deal with another, but I say that without prejudice to whatever the negotiations are currently covering. I am not privy to the detail of the negotiations, but there seems already to be evidence that constructive dialogue is taking place. From what we have heard from the Prime Minister and her absolute and unqualified commitment to security and to trying to embark on as close and harmonious a relationship as we can get with the EU post Brexit, there is no doubt about her conviction on these matters.

We have to work as closely as we can with the EU post Brexit. The Prime Minister has made that crystal clear and is right to do so. The UK is not without influence. As the noble Baroness, Lady Deech, noted, it enjoys a status in relation to these matters—I refer again to our P5 position on the United Nations Security Council. One area in which people have been sceptical is in their asking why the UK should be treated differently from other third-country partners as we try to negotiate new arrangements with the EU. Taskforce 50 noted in its presentation on external security that the EU would lose one of its two permanent members of the Security Council when the UK leaves. Taskforce 50 recognises that this could merit a specific dialogue and consultation mechanism with the UK.

Perhaps I may return to a very legitimate question posed by a number of your Lordships: what is all this going to look like and is there any sort of shape to it?