Rwanda: Memorandum of Understanding

Lord Murray of Blidworth Excerpts

Monday 6th February 2023 Lords Chamber

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

My Lords, I am grateful to the noble Baroness, Lady Hayter, for securing this debate. I must apologise that I will not be able to address all noble Lords’ contributions during this response. I am delighted to provide the clarity the noble Lord, Lord Ponsonby, rightly asked me to provide as to the reasons why a memorandum of understanding was chosen in this regard.

The proposal to relocate asylum seekers to Rwanda has been, and continues to be, the subject of considerable public debate. The number of people crossing the channel in small boats has increased exponentially, placing our asylum system under severe pressure as well as the extent to which services can be provided to those coming to our shores. Not only is every crossing attempt a potential tragedy, as we have seen far too often, but the people arriving via these small boats have travelled through and then left safe countries with fully functioning asylum systems.

Tackling the global migration crisis requires global solutions, and the United Kingdom’s ground-breaking partnership with Rwanda is an essential part of that approach. This policy will help to disrupt the business model of people smugglers, those gangs putting lives at risk using dangerous, unnecessary and illegal routes into the UK. The long-term strategic bilateral partnership that we intend to deliver through the migration and economic development partnership between the UK and Rwanda is built on the shared understanding that the current conventions for dealing with refugees and migration no longer work. I agree with my noble friend Lord Udny-Lister that bilateral agreements are also important, but we need new approaches at scale to ensure that immigration is orderly and controlled. Noble Lords will appreciate that there is an urgency and considerable public interest in deterring unnecessary, illegal and dangerous journeys to the UK.

I will now turn to the Question posed by the noble Baroness, Lady Hayter, on the decision to use a memorandum of understanding for the migration and economic development partnership. As indicated in the Government’s response to the International Agreements Committee’s report, the Government’s decision to use a memorandum of understanding—a non-legally binding instrument—has the benefit of allowing the detail of the partnership to be flexible. The technical details may be adjusted quickly if needed with the approval of both partners.

The UK and Rwanda have a well-established relationship. There is a significant history of our two Governments working together, as the noble Earl observed. Most importantly, the Rwandan Government have reason to know that the United Kingdom places the utmost importance on Rwanda’s compliance in good faith with the terms of the memorandum. The obligations placed on Rwanda under this partnership are laid out clearly in the memorandum, and they ensure that both countries have the same understanding of these obligations.

Indeed, in its judgment, the Divisional Court of the High Court at paragraph 65 found:

“The terms of the MOU and Notes Verbales are specific and detailed. The obligations that Rwanda has undertaken are clear. All, in one sense or another, concern Rwanda’s compliance with obligations it already accepts as a signatory to the Refugee Convention.”


I can therefore confirm to the House that we are confident that Rwanda will honour its commitments. This position was also considered by the High Court at paragraphs 70 to 71 of its judgment, where it stated that

“the conclusion that Rwanda will act in accordance with the terms of the MOU and the Note Verbales rests on HM Government’s experience of bilateral relations extending over almost 25 years and the specific experience of negotiating the MOU over a number of months in 2022”.

Furthermore, the court found that

“the Home Secretary did not act unlawfully when reaching the conclusion that the assurances provided Rwanda in the MOU and Notes Verbales could be relied on”.

I should also note that adopting a treaty, rather than using memoranda as suggested by the noble Baroness, would not necessarily have afforded individuals the right to raise disputes in the way some noble Lords have suggested.

While the Government cannot comment on ongoing legal proceedings, no court has ruled that this partnership is unlawful. In fact, the High Court, in the 19 December ruling, said that the arrangements entered into for the relocation of asylum seekers to Rwanda is consistent with the refugee convention, the European Convention on Human Rights and the statutory and other legal obligations on this Government.

I am therefore disappointed by the views expressed by the noble Lord, Lord Sahota, the noble Earl, Lord Sandwich, and others on the safety of Rwanda, which appear to be ill-informed and contrary to the High Court’s judgment. In paragraph 71, the court found that the Home Secretary’s assessment that

“Rwanda is a safe third country, was neither irrational, nor a breach of article 3 of the ECHR”.

The domestic legal framework that gives effect to removals under this partnership is backed by legislation which has already faced parliamentary scrutiny.

I welcome the court’s judgment that this policy is lawful, as we have maintained throughout. We will, of course, pay extremely close attention to the individual circumstances of those considered for relocation. Decisions will be taken on a case-by-case basis, and nobody will be relocated if it is unsafe or inappropriate for them.

The arrangement requires Rwanda to process claims in accordance with international standards, as I previously mentioned, and it ensures protection from inhumane and degrading treatment and from refoulement. We have assessed Rwanda to be a fundamentally safe and secure country, with respect for the rule of law and a strong track record of helping those in need. In paragraph 51 of its judgment, the High Court itself said that

“Rwanda has a significant history of providing asylum to refugees”.

This session concerned an important political arrangement underpinning our partnership. The Government carefully considered the report from the House’s committee which the noble Baroness chairs. As noted in our response to the report, we published the memorandum of understanding in full transparency in April last year, very shortly after it was concluded. The MoU was negotiated with utmost care and attention by both Governments.

It is not at all fair to suggest that His Majesty’s Government have avoided scrutiny. Ministers have engaged fully with Parliament regarding this arrangement, including via Oral Statements, Parliamentary Questions and written correspondence. Ministers and senior officials have made numerous appearances before committees, and we are here today discussing the issue. Of course, all of this is on top of the High Court’s very detailed consideration of this document.

The Government take the view that the constitutional convention known as the Ponsonby rule, as it existed and was practised, was in its entirety put on a statutory footing by the CRaG Act. We do not accept that there has ever been any convention whereby non-legally binding arrangements are routinely submitted to parliamentary scrutiny, and this is borne out by the consistent practice of successive Governments. Parliament did not consider disclosure of non-legally binding arrangements to be part of the Ponsonby rule when it looked to put the convention on to a statutory footing in the Constitutional Reform and Governance Act.

With that said, while we responded to the urgency and exceptional public interest in deterring these dangerous crossings to the United Kingdom, it is not at all right to say that this was rushed or that scrutiny was evaded. We have been clear that the memorandum of understanding between the UK and Rwanda is a non-legally binding instrument. Such instruments are common mechanisms for recording political commitments and arrangements between states and—as I have already said—allow for flexibility.

A decision on whether to use a treaty or non-legally binding instrument will depend on various factors. Ultimately, the decision will be based on whether there is a need for legal enforceability or whether a non-legally binding commitment would be appropriate. While we have never claimed that the terms of the memorandum are to be legally binding under international law, the arrangements we have put in place provide sufficient assurances to us—and indeed have satisfied the High Court—that the arrangement will be operated in line with international obligations and in a manner which ensures the welfare and safety of those people relocated under it. I am sure that the noble Baroness will be aware of the means by which the delivery of the scheme will be overseen and assessed against the assurances in the memorandum.

I particularly highlight the fact that a monitoring committee has been appointed, as was referred to during the debate, whose members are independent from both the Rwandan and United Kingdom Governments, and who will be able to look at every part of the relocation process and will independently assess all conditions. The monitoring committee will produce a summary report for publication yearly for all to see.

[Lord Purvis of Tweed (LD)]

The Minister has only a few moments left. This is the second time that a Front-Bencher has asked specific questions which the Minister has refused even to acknowledge. I regret that I am going to have to escalate this up through the usual channels. It is just not acceptable that the Minister at the Dispatch Box does not even acknowledge valid questions from a Front Bench.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I think the noble Lord’s question related to the legal basis for the agreement in domestic law; I have addressed that in detail in the course of my speech to the House.

[Lord Purvis of Tweed (LD)]

No, you have not.

[Lord Murray of Blidworth (Con)]

Well, I am sure that we can discuss this on another occasion.

[Baroness Hayter of Kentish Town (Lab)]

Before the Minister sits down—I think we have six minutes—he said that the Government used an MoU rather than a treaty because it could be amended. Does he accept that the detail of treaties can also be amended? More importantly, on an MoU, surely that could still—by the choice of the Government—have been laid for 21 days to give parliamentary scrutiny. Parliament will not be able to scrutinise the committee referred to by the right reverend Prelate, but the MoU could have been laid for 21 days. Does the Minister accept those two things, that the treaty itself could be adapted and that an MoU could have been laid before Parliament?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for those two questions. On the first point, no, to amend a treaty would be a more cumbersome process than the flexibility afforded by a memorandum of understanding. On the second point, it is clear that Parliament had considerable opportunities for scrutiny, as I have set out, and there was no want of scrutiny from the method adopted.

[Lord Lansley (Con)]

Can I press my noble friend on one point? Does he agree that the Government could have chosen to lay a memorandum of understanding under CRaG even if not required to do so, and that, as a result, it could have been debated in the House of Commons, which would have had a choice on whether to support the agreement or otherwise?

[Lord Murray of Blidworth (Con)]

I appreciate the hypothetical question that my noble friend asks. As I say, the issue was one for the Statements that were provided to the House of Commons, and it seems that there was no want of scrutiny. Therefore, I am afraid that I do not accept that contention.

[Baroness Lister of Burtersett (Lab)]

My Lords, the noble Lord said that he was not able to answer all the questions asked. Will he please write to noble Lords with the answers?

[Lord Murray of Blidworth (Con)]

Yes, certainly; we will have a look through them.