Safety of Rwanda (Asylum and Immigration) Bill

Lord Randall of Uxbridge Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

[The Lord Bishop of Bristol]

My Lords, I am grateful to all those supporting Amendment 75 and for the speeches on it. I am further grateful to the noble Lords, Lord Kerr and Lord Alton, and the noble Baroness, Lady Chakrabarti—they are all helping us to delve deeper into the legal and moral issues in these amendments. I am particularly grateful to the noble and learned Baroness, Lady Butler-Sloss, who has set out her Amendments 70, 73 and 85, to which I have subscribed my name.

This issue is close to my heart, as I speak on behalf of the Church of England on human trafficking and modern slavery issues. I do so from the city of Bristol, with its history of slavery and its current commitment to prevent human trafficking and slavery, including domestically—we train our lay officers to spot the signs of those hiding in plain sight—and to provide refuge for those on their journey through the NRM. I was also particularly grateful to the noble Lord, Lord Deben: I think that I will miss church downstairs, so I am grateful that he has brought church upstairs in his Ash Wednesday words to us about the deep moral issues in our debate today.

I am concerned by the response from the noble Lord, Lord Horam, about drawing the terms of the Bill very tightly. It seems to me that the terms include those who are already victims of crime through human trafficking. This is the nub of my argument: surely it is right to prevent and minimise further risks to people who have already been victims of a crime, as we are obliged to do under national and international law; hence Amendment 70, which would mean that nobody who is thought to be a victim of modern slavery could, as we have heard, be removed to Rwanda, at least before a conclusive decision is made on their case or without assessing what it means for their safety. Such consideration for victims is the least that we can do.

Since the start of 2022, more than 4,000 people who arrived on small boats have entered the national referral mechanism for modern slavery. Under the current proposals, they are both suspected victims of crime and eligible for removal to Rwanda. They may well have been trafficked here against their will, as we have heard, and they are now facing further jeopardy. We need to ensure that this jeopardy is removed, as far as we possibly can. The UK has had until now a world-leading referral system for victims of modern slavery. It is something of which we can be rightly proud. I am concerned, as are others, that the Bill, compounding other recent legislation, puts that world-leading status at risk. Not only are survivors of modern slavery victims of a terrible and traumatic crime but they will now be removed to another country altogether, re-transported to a country which will not, in all probability, treat them well—because the legislation and the treaty do not address concerns that we have heard about today or the concerns of the Global Slavery Index; namely, that the Rwanda Government’s approach to this issue will put those transported there at risk.

Amendments 70, 73 and 85 ensure greater transparency as this legislation is implemented. The amendments mean that we would have a better understanding of the picture of modern slavery as the Bill and treaty are put into effect. As currently drafted, the Bill will have a potentially devastating impact on survivors of modern slavery and our nation’s ability to tackle this crime. Ensuring that the implications of the Bill for victims of modern slavery are subject to ongoing monitoring is the least that we can do. The UK has a strong national referral mechanism but without proper monitoring and transparency worked into the Bill we risk entrenching vulnerabilities and pushing victims back into their original abusers’ hands.

Modern slavery and human trafficking are terrible crimes which represent a traumatic experience. If we are committed to tackling them, monitoring the implications of the Bill for the victims will be fundamental to an ongoing response.

[Lord Randall of Uxbridge (Con)]

My Lords, I apologise to the Committee for not being present at Second Reading. I am afraid that my health has not been great, and I was a bit worried about my blood pressure—which might have been accentuated by listening to the debate. I declare an interest as the chair of the Human Trafficking Foundation.

I have added my name to Amendment 70, tabled by the noble and learned Baroness, Lady Butler-Sloss. I do not need to say much because the speeches have been wonderful, except to make a plea to my noble friend the Minister regarding Amendment 75. I have always been proud of this country. However, many have put their lives at risk, and many have suffered the ultimate sacrifice. If we reject looking after them, if we do not allow them this, I am afraid that I will not be so proud of this country or of the party that I am in.

I make a further plea to the Minister and my noble friends. I understand entirely the concern regarding migration. It is happening all over the world—illegal crossings, the small boats and so forth. I understand that but let us not just be so dogmatic that we have not an inch of humanity.

I said that I was the chairman of the Human Trafficking Foundation, which I am delighted to be. I started off in the other place, listening to my old colleague Anthony Steen, who was passionate about this; listening to him, I realised what the victims go through. Subsequently, I have been lucky, or unlucky, enough to meet many of these victims. It is not a hypothetical thing. Yes, there are some abuses, but how many of those are really abuses? We must not think —I speak particularly to our own Benches—that everybody who claims that they are a victim of modern slavery or human trafficking is trying to get an easy ticket into this country. It is heartbreaking to see those people and listen to their stories.

I tried this with my noble friend who previously held the position; I pestered him about trying to meet some victims. He was lucky enough to return to the Back Benches before I could implement that request. But I say to my noble friend the Minister, and we have heard it from the noble Lord, Lord Alton, that he has a great deal of humanity. We cannot not make exceptions. As the noble and gallant Lord, Lord Stirrup, said with regard to people who have served the Crown, there is another thing with regards to victims of modern slavery, which the noble and learned Baroness, Lady Butler-Sloss, touched on—that is, prosecutions. If we deport somebody to Rwanda while we are trying to have criminal cases, unless my noble friend assures me otherwise, we are not going to get the evidence to put those modern slavers away. I urge my colleagues, my noble friends, not to be so dogmatic about this. There must be some exceptions. We must show humanity if we can call ourselves British.

[Lord Hannay of Chiswick (CB)]

My Lords, I will speak briefly about Amendment 75, which the noble Lord, Lord Browne of Ladyton, introduced so movingly. My noble and gallant friend Lord Stirrup added some extremely powerful arguments. I have been raising this issue about those who either fought for us or served us in Afghanistan.

If we were to combine Amendment 75 with a fast-track treatment of the reconsideration which the noble Earl, Lord Minto, told the House a short time ago was now being undertaken for one category of these people—I am seeking confirmation from the noble Lord, Lord Ahmad, that those who serve the British Council are also included—there would be absolutely no incentive for people in that category to try to cross the channel in boats. Could the Government get on with those two bits of a solution to one part of this problem —one in which, frankly, our honour is at stake?

I want secondly to raise those parts of these amendments — we will come to other ones later in the grouping—that relate to children. The noble Baroness, Lady Brinton, pointed out that we would be acting in contravention of our obligations under the UN Convention on the Rights of the Child—I sat beside Lady Thatcher when she signed it. We need to take that seriously. Is it not the case that the committee set up by the United Nations to watch over the implementation by all member states of their obligations under the Convention on the Rights of the Child has told us—and we are represented on that committee—that we are acting in contravention of it? Could the Minister perhaps answer that question?

If that is so, I hope that it will inform the response that the Government make to the various amendments, in this group and in other groups, that are designed to meet our obligations under the convention. I hope that we do not go off again into a rather sterile discussion about whether this sovereign Parliament has the right to rip up the obligations it signed itself not all that long ago. I do not think that is the point; the point is about the human beings whose lives are at stake.