UK-Rwanda Partnership

Lord Coaker Excerpts

Thursday 7th December 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, here we are—emergency legislation in three weeks, emergency press conferences and an emergency reshuffle. I ask the noble Lord, Lord Sharpe, if he is happy to be taking this legislation through your Lordships’ House. A Home Secretary has gone, saying the Bill does not go far enough; the noble Lord’s colleague—until 24 hours ago—resigned, saying it is doomed, describing it as

“a triumph of hope over experience”;

and the noble Lord, Lord Murray, is deafening with his silence. How on earth have we reached the situation where three Home Secretaries have gone to Rwanda but not a single asylum seeker? Which side of the open warfare in our governing party is the noble Lord on? Is it “too soft”, “too draconian”, “it won’t work” or even “who knows”, because I do not know and I do not think anyone else does? The way we are going, the former Home Secretary may be right that the Government are heading into an even more catastrophic situation.

This is the third Bill on channel crossings in two years. Why will this one work? How much have we spent so far on all of this, and how much is the budget? The Government refuse to say. It is apparently supposed to be published in an annual statement. Should we not be given some figures now on the anticipated budget?

Can the noble Lord confirm that the Government ended up being lectured by the Rwandan Government about not breaking international law, with the Prime Minister even telling the 1922 Committee last night that this is why he could not go further by not leaving the ECHR because the Rwandan Government would not have it? Can the noble Lord detail the exact legal position enshrined in the Bill with respect to the Human Rights Act and the ECHR? Can the noble Lord confirm that it is still the case under this legislation that an individual will still be able to challenge an asylum decision in the courts?

Given the central importance the Government have attached to Rwanda, can the noble Lord give us some numbers? Is all of this for a scheme that will likely cover less than 1% of the people who arrive here to claim asylum? How many people are going to be covered? The treaty itself says that capacity is limited in Rwanda, with the Court of Appeal saying it would be 100, and that talk of thousands was political hyperbole. Can the noble Lord inform your Lordships how many it is?

On the BBC this morning, no Minister could be found for the “Today” programme. I do not know whether they asked the noble Lord, Lord Sharpe, but certainly nobody was available for the 8.10 flagship interview. Perhaps it is a good job. The former Home Secretary was available, by the way, and appeared and gave her views very forcefully. On BBC TV, the Cabinet Minister, Chris Heaton-Harris, was asked if Britain could end up receiving Rwandan refugees before it deports anyone there. He answered, “I honestly do not know the answer to that question”. Perhaps the noble Lord will be able to tell us.

We need to clear the asylum backlog, go after criminal gangs, tackle problems at the source and come to new arrangements with our European neighbours. Does the noble Lord agree with me that, on this issue of the channel crossings that we all wish to see resolved, we have public policy chaos and a Government ripped apart by division? The current Home Secretary says that Rwanda is not the be-all and end-all. Well, that is not what the reality is for the noble Lord. He will be faced with arguments, including, I suggest, in your Lordships’ House, around whether we have a full-fat solution, a semi-skimmed solution or a skimmed solution. Perhaps the noble Lord can tell us which brand of milk he thinks the treaty should actually be.

The country deserves better than this from its Government. The people deserve better than this. Real problems deserve real solutions based on competence, human rights and respect for international law. The noble Lord has had to come today to defend a policy rubbished by his boss, as we know. We have utter chaos, and that is in no one’s interests. This morning, we had a Prime Minister pleading for understanding and support, coming up with the brilliant policy initiative that the way to solve this problem is not to have one Minister but two: one for legal migration and one for illegal migration. I wonder which member of the No. 10 Policy Unit came up with that idea, and whether the noble Lord himself was consulted about that as a solution to the problems.

The plain fact of the matter is that this is real chaos. We have a Rwanda policy that, in the words of their own former Ministers, is doomed and unworkable. Our nation needs and deserves better. There is no sign this Government will be able to deliver it.

[Lord German (LD)]

My Lords, there is no doubt that this is a mess. It is a mess in which the Government have written themselves a project so bad that we are ending up with an ineffective, expensive and unworkable policy which lacks in human decency. What we should be receiving is a Government that give us a workable solution which is speedy, effective and humane. Adding to that, and worse, it is now pitting the Government against our courts. This is a dangerous path to follow. It risks our freedoms and liberties under the law against excessive overreach from Government.

Disapplying legal protections to a specific group is a threat to anyone who may need the protection of a judge in future. Human Rights are universal: either you have them or you do not. If you take them away from one group of people, they are no longer human rights; they are rights for some humans. It is a dangerous, slippery slope when the Government seek to disapply them to asylum seekers. Which group of people out of favour with the Government will be next?

In effect, we are being asked to believe that the facts established by the Supreme Court are now wrong—in essence, that black is white. When the Supreme Court ruled unanimously that Rwanda was unsafe, based on a whole range of facts, but said that at some stage in future things might be different, there was no expectation that this could be achieved by last Monday. One simple line taken from the Government’s Statement proves just that:

“Rwanda will introduce a strengthened end-to-end asylum system”.


It does not say “has introduced” but “will introduce”. The fact will be demonstrated by seeing a new system in place, not simply by producing a statement of expectation. The Statement is simply incorrect in stating that these Supreme Court matters are “concerns”. They are not; they are facts. That is what our highest court ruled on: the facts. Will the Minister acknowledge that the Supreme Court ruled on the basis of facts?

Let us have some facts. By when, exactly, will Rwanda have introduced a strengthened end-to-end asylum system that meets all the international treaties, laws and rules to which the United Kingdom has signed up? What will be the cost of the creation of a new, specialist asylum appeals tribunal in Rwanda and who will meet it? What will be the ongoing annual costs of the running of the tribunal, including the salaries of judges from across the Commonwealth?

How much are the UK Government setting aside for paying for the provision of legal services to asylum seekers in Rwanda? How will the judges be selected? How can we be assured that the judges will be mindful and live to the protection rights of people with protected characteristics—for example, sexual orientation, women who have experienced gender-based violence, religion or race?

There is an alternative to this unworkable, expensive and inhumane policy. We need an effective asylum system where decisions are made swiftly and accurately. We need effective, humane removals of those whose asylum claim is refused. We need a range of workable safe routes so that people who need protection can get to the United Kingdom safely, including an enhanced resettlement scheme, a humanitarian visa and a more effective family reunion route. There is an alternative.