Safety of Rwanda (Asylum and Immigration) Bill

Lord Kerr of Kinlochard Excerpts

3rd reading
Tuesday 12th March 2024 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, the noble Lord, Lord Howard of Lympne, has made a plea on behalf of Members in another place. Will they have available to them the Government’s response to the report of the Joint Committee on Human Rights which I asked for in Committee, on Report and again today? The Minister will recall that, last week, he said it was imminent. I hope he will be able to tell us that it is now available in the Printed Paper Office and that it will be made available to honourable Members down the Corridor.

I have a great deal of respect for the Minister and like him enormously. All of us agree with the noble Lord, Lord Howard, that there is an issue that has to be addressed. Some 114 million people are displaced in the world today. When will His Majesty’s Government bring together people from all sides of the House and the political divide to look at what can be done to tackle this problem at its root cause? Unless we do that, we can pass as many Bills as we like in this and in the other place but, frankly, in the end, it will make very little difference.

[Lord Kerr of Kinlochard (CB)]

When the House voted to delay ratification of the treaty, it did so on the basis that there was unfinished business and on the basis of a list of 10 requirements, most of which were for the Government of Rwanda, which should be fulfilled before Rwanda could be declared safe. Among these was the requirement in Article 10(3) of the treaty

“to agree an effective system for ensuring”

that refoulement does not take place. The risk of refoulement was, of course, central to the Supreme Court’s finding that it would be unsafe to deport refugees to Rwanda.

I have asked a couple of times in the Chamber during our 40 hours of debate how we are getting on with that requirement, which binds us, as well as the Government of Rwanda, to agree a system for ensuring that refoulement does not take place. Most recently, I asked on 4 March —Hansard col. 1379—whether Rwanda had agreed with us an effective system. The Minister replied that he did not know but would find out and get back to me. I am still waiting. Can he tell the House the answer now? If he cannot, will he undertake that the effective system will be up and running and reported to this House before the treaty is ratified and before any asylum seekers are deported to Rwanda?

I note that the noble and learned Lord, Lord Stewart of Dirleton, who does reply to questions, assured me in a letter dated 4 March that the Rwanda legislation required to implement the treaty

“will be operational prior to relocations beginning”.

I think this point is quite relevant to the one made by the noble Lord, Lord Howard, about delay.

[Lord Coaker (Lab)]

My Lords, we will come back to a number of these debates on ping-pong next week and we will argue vociferously about some of the debates, discussions and points that are being made. I say to the noble Lord, Lord Howard, that I hope the Government have taken note of what we asked for, which was for the other place to give proper consideration to the amendments that were made in this place and not just dismiss them out of hand. We wait to see what the Government do about the amendments we have sent to them and we will continue this debate next week, following the other place’s discussion of our amendments on Monday of next week and whatever comes back to your Lordships’ House next Wednesday.

Let me do some of the normal courtesies and say that, notwithstanding the fact that it has been a difficult and controversial Bill, with many differing opinions, I thank the noble Lord, Lord Sharpe, and the noble and learned Lord, Lord Stewart, for their courtesy and for the way in which their officials have worked with us. We have not always agreed, to be frank, and still do not agree, but it is important to recognise the way in which the Government have made their officials available to us, to try to explain some of the details of the policy. We are very grateful for that, as we are to the noble Lord, Lord Sharpe, and the noble and learned Lord, Lord Stewart, for the way in which they have conducted the business with us. I hope, however, that they take note of the JCHR report—a response to that would be helpful for our deliberations and, as far as I am aware, it is not yet available. It is important that that becomes available.

I thank all noble Lords for their participation, including my noble friend Lord Ponsonby and many other noble friends, but also noble Lords across the House, for the continuing legal education I am receiving as we go through the Bill. Seriously, it has been very in-depth and important debate.

I say to the noble Lord, Lord Howard, that none of us disagree with the proposition that the country faces a real problem that we need to deal with. The debate is how we deal with it, and that is the fundamental discussion.

As well as the Government’s officials, I thank the people who have worked with my noble friend Lord Ponsonby and me, particularly Clare Scally in our office, who has given us a lot of support in understanding the Bill to the depth that is necessary to inform mine and others’ contributions. It is a mammoth task, and we are very grateful to her and others who have supported us.

I finish by saying that I am very grateful to all Members across the House for the contribution that they have made. We hope the Government properly take account of the amendments that have been passed in your Lordships’ House. We look forward to their debate next Monday and to our further deliberations on the Bill next Wednesday. I say to the Minister: depending on what happens with respect to the other place, we will be considering those exchanges in some detail, and, if necessary, we will act robustly at that time as well.