Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Deben and Lord Purvis of Tweed

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, I rise very briefly on that point to support the noble Baroness. We have heard in previous groups the concerns of the noble Lords, Lord Hannay and Lord Kerr, who is not in his place, and other noble Lords, that the debates which we are having in this House are being keenly viewed outside this House and very keenly in the United Nations Human Rights Council.

It is a depressing fact today that the top news story on the UN global news website is commentary on this Bill going through this Parliament. The UN Human Rights Council, which will be gathering next week, will be discussing the atrocities in Sudan and the Israel-Gaza conflict. It is a time of great turmoil and danger for many people, but the fact that the UN Commissioner for Human Rights, Volker Türk, today in the preparatory meetings of the council singled out the United Kingdom and the safety of Rwanda Bill as an illustration of the undermining of basic principles of the rule of law and of the risk of delivering a serious blow to human rights is deeply troubling.

The statement referred to by the noble Baroness, Lady Lister, which was made today, said:

“Settling questions of disputed fact—questions with enormous human rights consequences—is what the courts do, and which the UK courts have a proven track record of doing thoroughly and comprehensively. It should be for the courts to decide whether the measures taken by the Government since the Supreme Court’s ruling on risks in Rwanda are enough”.


The statement continued:

“You cannot legislate facts out of existence”.


I appeal to Ministers considering this Bill. Many in the world are watching us. We have led in these areas. We should be leading the discussions in the Human Rights Council about global abuses of the rule of law and human rights. We should not be being singled out for abusing them ourselves.

[Lord Deben (Con)]

My Lords, I rise to support these amendments for a very fundamental reason. The separation of powers is crucial for the freedom of all our people and I find it very distressing that the Government have not understood how deeply offensive this element of these proposals is.

It is deeply offensive simply because it purports to say that something is true which is not true. It suggests that the sovereignty of Parliament extends to the decision on whether something is or is not. That is a decision which has always been the purview of the courts, simply because the courts have a structure that enables them to listen to the evidence on all sides and make a decision at the end.

I fear that the Government have presented this because it is inconvenient that the courts should take a part in it. The price of liberty is inconvenience. You cannot be a free nation unless you accept that there are processes that are embarrassing to Governments, to Oppositions, to people of standing, to people who have got other views. You have to accept that it is the price we pay. This Government are suggesting that, because they have got to get something through before the end of the year because they said they would, they can claim that inconvenience is something they will not accept.