Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Clarke of Nottingham and Baroness D'Souza

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, I too have added my name to this amendment, and I declare an interest as a patron of Redress, the anti-torture organisation. A recent Westminster Foundation for Democracy report pointed out the common pitfalls that democratic Governments fall into when dealing with authoritarian regimes, one of which is to promote their economic and other development at the expense of acknowledging less desirable characteristics. Rwanda would seem to be a classic case of this pitfall.

As we have heard at length and in detail from the noble Baroness, Lady Lister, the human rights record of Rwanda is not good, to say the least. Torture, among other crimes against humanity, continues to be carried out. This amendment is therefore essential. I remind your Lordships of the case of Victoire Ingabire, who is the only opposition parliamentarian in Rwanda and has spent eight years in jail, some of them in solitary confinement. It would be useful to ask her what her views are on torture and other crimes against humanity in Rwanda at the moment, in both formal and informal sectors.

We have enough evidence to suggest that this amendment must be included in the Bill if we are to ensure freedom from torture for those whom we send to Rwanda.

[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state for the indefinite future, whatever happens from now on, unless or until this legislation is amended or repealed—if it ever is.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.