Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024

Debate between Lord Scriven and Lord Sharpe of Epsom

Tuesday 19th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid that I do not have that information. As I said, all the information we use is published on GOV.UK.

Regarding reporting from single sources, or drawing on isolated examples, these might not consider the situation in context or be reflective of the general situation, which is what we are required to consider. We consider evidence from a wide range of sources and source types, as I have said. We compare and contrast information across those sources to reach a balanced and, we believe, accurate view of the situation.

We recognise, of course, that groups such as Human Rights Watch and Amnesty International produce reports that are sometimes critical of human rights records. We also consider what sources are reporting as well as how, when and why they have reported. This assessment and the inclusion of these countries on the list will be regularly monitored and reviewed.

The noble Baroness, Lady D'Souza, asked about the ongoing investigations by Canada and the US into alleged Indian state involvement in various activities. We remain in close touch with our Canadian and US partners about what are very serious allegations. However, I am afraid it would be inappropriate to comment further during the ongoing investigations by their law enforcement authorities.

Even if a country is generally considered safe, it is acknowledged that there could be exceptional circumstances in which it may not be appropriate to return an individual in their particular circumstances. That is why the consideration of exceptional circumstances, incorporated into the safe country of origin inadmissibility provisions, will act as an appropriate safeguard. Where the Secretary of State accepts that there are exceptional circumstances why the person may not be removed to their country of origin in an individual’s particular circumstances, they will not be.

Once Section 59 of the Illegal Migration Act is commenced, a national of a Section 80AA(1) listed country who is subject to the duty to remove or power to remove would not be removed there if it is accepted that there are exceptional circumstances as to why they cannot be removed there. They will instead be removed to a safe third country. For all other nationals of Section 80AA(1) listed countries, if there are exceptional circumstances why their claim ought to be considered in the UK, it will be.

I will deal with a couple of specific questions in terms of published guidance—

[Lord Scriven (LD)]

I am sorry to interrupt the Minister in mid-flow. The exceptional circumstance rule is absolutely vital to understanding the operation of this statutory instrument. The Act refers only to two forms of exceptional circumstances: EU law or not signing up to the European Convention on Human Rights. Could he run through the Home Office’s view on exceptional circumstances for these two countries? What is expected to be in the operational notes, which he referred to?

[Lord Sharpe of Epsom (Con)]

I was just about to get to that.

These regulations seeks to add India and Georgia to the list of countries in Section 80AA(1) of the Nationality, Immigration and Asylum Act 2002, as I have already said. They are not about the inadmissibility provisions, which already rely on the exceptional circumstances safeguard.

Section 80A already applies to EU nationals. Only when Section 59 of the Illegal Migration Act is commenced will the safe country of origin list be actionable in terms of its application to the revised inadmissibility provisions at Section 80A of the 2002 Act and to the removal provisions at Sections 4 and 6 of the Illegal Migration Act.

Section 80A(4) of the Nationality, Immigration and Asylum Act 2002 sets out some examples of what may constitute exceptional circumstances in that context. Section 6(5) of the Illegal Migration Act sets out the same examples, but these are not exhaustive, nor do they purport to be. They will not be relevant in some cases. Exceptional circumstances are not defined nor limited in legislation, but will be considered and applied on a case by case basis where appropriate. When we commence and implement the wider Section 59 measures, we will provide updated guidance to assist caseworkers in their consideration of exceptional circumstances and the wider provisions.

The noble Lord, Lord Ponsonby, asked me to go into a bit more detail on Georgian asylum applications and grant rates. I am happy to do so. In 2023, there were 1,071 applications—23% fewer than in the year before, but more than four times higher than in 2019. For cases where decisions were made, the grant rate at initial decision was 12%—based on 24 grant decisions out of a total of 205. That was lower than the grant rate of 23% the year before, but higher than the 8% in 2019. Where withdrawals, which numbered 621, were included as part of the decision total, the grant rate was only 3%, compared to 5% the year before and 2% in 2019. The grant rate for Georgians is far below the average grant rate across all asylum claims. We should note that the number of Georgian applications with an outcome in each year before 2023 was low—120 cases in 2022 and 88 in 2019. I apologise for that blizzard of statistics, but I hope it answers noble Lords’ questions.

I hope that I have satisfactorily explained the Government’s position on the inclusion of both Georgia and India in the Section 80AA(1) list of safe countries of origin. I beg to move.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

And the point I was making is that this is done in combination with a variety of other methods and therefore, in aggregate, those methods will deliver more accurate age assessments.

The tragic events this week, which saw a child as young as seven lose their life attempting to cross the channel in a small boat, are an unwelcome reminder of the desperate need to stop this vile trade. Like my noble friends Lady Lawlor and Lord Lilley, I would not allow a child or grandchild to make a dangerous and illegal channel crossing from a safe country. That is the best way to stop this.

This Government remain focused on doing everything we can to save lives, deter illegal migration and disrupt the people-smuggling gangs responsible for the dangerous channel crossings. I respectfully ask that the noble Baroness do not move her amendment.

[Lord Scriven (LD)]

I have an important question. The Merton assessment is the standard assessment that is done of an individual where the age is in dispute. Will any child or potential adult be sent to Rwanda before that Merton assessment is carried out, or is the assumption that no person whose age is in dispute will be sent to Rwanda before the Merton assessment is carried out?

[Lord Sharpe of Epsom (Con)]

As I have tried to explain, the initial assessment is made by two Home Office officers; the Merton assessment comes later in the process. I do not know quite where in the process, but I will find out.

[Lord Scriven (LD)]

May I therefore ask another question? What professionals are in Rwanda who can carry out that Merton assessment? Under the Bill and the treaty, a person comes back only if they have been assessed as an unaccompanied child under the age of 18. If the assessment is not done in the UK, how can it be done in Rwanda if that speciality is not developed enough?

[Lord Sharpe of Epsom (Con)]

My Lords, we have discussed on numerous occasions the question of a number of vulnerable individuals who may end up being relocated to Rwanda. The treaty makes specific provision for the precise and detailed professional help those people will need.

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[Lord Sharpe of Epsom (Con)]

Yes, I can certainly undertake to do that.

Furthermore, I can confirm that under Article 20 of the treaty the agreement may be amended at any time by mutual agreement between the parties. Agreed amendments shall enter into force on the date of receipt of the last notification by the parties that their internal procedures for entry into force have been completed. To be clear, any amendments made to the Rwanda treaty would need to comply with CRaG.

On the amendment tabled by the noble Lord, Lord Scriven, as noble Lords will know, the department carefully considers each report’s findings and these are often complex matters. The Independent Chief Inspector of Borders and Immigration monitors and reports on the efficiency and effectiveness of the immigration, asylum, nationality and customs functions carried out.

I appreciate that the noble Lord said this is not about getting into the rights and wrongs, but I am afraid that is not the case; it is about getting into the rights and wrongs of why the contract with Mr Neal was terminated. I will repeat what I said earlier in a Question. He released sensitive and misleading information from unpublished reports well within the time commitment for publication, so the Home Office did not have time to fact-check and redact inappropriate material. That is germane to this debate.

On the number of reports that were released last week, yes, there were 13 and they were released at speed, as Parliament requested and demanded. In those 13 reports, there were 27 recommendations; 18 have been accepted, eight were partially accepted and one was not accepted. I rehearsed earlier today the arguments about the accuracy of some of those reports, and I therefore think that that is a high number in the circumstances. On the question asked by the noble Lord, Lord Ponsonby, the Home Secretary has committed to look into appointing an interim chief inspector, and I cannot improve on his words at the moment.

However, going back to the point that the noble Lord, Lord Scriven, made, the MEDP with Rwanda has its own independent monitoring regime in the form of the monitoring committee. This committee will have the power to set its own priority areas for monitoring and have unfettered access for the purposes of completing assessment and reports—we have discussed that at some length.

I agree with my noble friend Lord Murray of Blidworth; he is completely right about his reference to Article 15. As the noble Lord, Lord Scriven, pointed out, Article 16(5) says:

“The co-chairs may set terms of reference for the Monitoring Committee in addition to but not contrary to those provided in Article 15 of this Agreement”.


I will not read out all 10 paragraphs of Article 15, but they are very comprehensive indeed.

The need for a statement on the impact of this Act, before it comes into force, is simply not necessary. As we set out at length in earlier debates, the monitoring committee has been appointed; it will provide real-time comprehensive monitoring—with an initial period of enhanced monitoring—of the end-to-end relocation and claims process, to ensure compliance with the standards agreed in the standard operating procedures and the treaty obligations. The monitoring committee will undertake daily monitoring of the partnership for at least the first three months, to ensure rapid identification of and response to any shortcomings. This enhanced phase will ensure that the comprehensive monitoring and reporting takes place in real time, and the monitoring committee will ensure that there is a daily presence of the support team on the ground through this enhanced phase.

On that basis, I urge noble Lords not to press their amendments.

[Lord Scriven (LD)]

Before the Minister sits down, let me say that I asked four very specific questions about the chief inspector’s view on the country notes. Has the Home Office asked the chief inspector’s office? Has a view come back? If not, what would happen if that normal procedure has not taken place, particularly in light of the fact that Parliament is being asked to say that Rwanda is a safe place, for which that kind of information would be normally available from the chief inspector? Would the Minister please answer those questions, which he clearly overlooked at the Dispatch Box?

[Lord Sharpe of Epsom (Con)]

My Lords, I did not entirely overlook them; I thought they were redundant, on the basis that there is no chief inspector—he has been sacked—so, no, we have not asked the chief inspector to look at the matter. As and when an interim is appointed, I am sure that will be part of his remit.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Report stage
Monday 4th March 2024 Lords Chamber

[Lord Scriven (LD)]

Can the Minister tell the House what legal provisions are on the statute book in Rwanda for the “T” part of “LGBT” in particular?

[Lord Sharpe of Epsom (Con)]

No, I cannot. I will have to come back to the noble Lord.

Rwanda is a signatory to the 2011 United Nations statement condemning violence against LGBT people, and it has joined nine other African countries to support LGBT rights. As part of the published evidence pack, the updated country policy information note gave careful consideration to evidence relating to the treatment of LGBT individuals in Rwanda. The Rwandan legal protection for LGBT rights is generally considered more progressive than that of neighbouring countries, as has been alluded to.

Amendment 25, tabled by the noble Lord, Lord Dubs, relates to claims on religion or belief grounds being taken into consideration for whether Rwanda is a safe country. The amendment specifically mentions an individual’s “religion or belief”, but the effect would be to permit the Secretary of State to consider whether an individual who is due to be relocated to Rwanda has any refugee convention reasons why Rwanda would not be safe for them, including on grounds of religion or belief. In effect, this would be considering a protection claim for a third-country national whose home country is not Rwanda.

A number of noble Lords raised concerns about religious tolerance in Rwanda and sought to argue that it would be unsafe for individuals who followed minority faiths or had no faith at all. The Government disagree with this contention. As our policy statement and the country information note on human rights make clear, and as I set out in my letter following Second Reading, the Rwandan constitution provides protection for individuals of different religions and faiths, as well as prohibiting discrimination of the grounds of religion or faith. Taken with the appropriate safeguards, which are set out in the Bill and elsewhere in our partnership with Rwanda, decision-makers will be in a position to consider the particular circumstances of each case, including where they involve an individual’s religious beliefs.

As I set out during an earlier debate, the Bill, along with the evidence of changes and the treaty, makes it clear that Rwanda is safe generally, and decision-makers, as well as courts and tribunals, must treat it conclusively as such. This ensures that removals cannot be delayed or frustrated by systemic challenges on safety. For this reason, I cannot accept Amendments 31 and 32 tabled by the noble Baroness, Lady Meacher.

Amendment 31 would remove the need for the risk of harm, when a serious and irreversible harm test is carried out, to be imminent. If accepted, this would enable a court or tribunal to delay or prevent a person’s removal to Rwanda based on a risk of harm that may not materialise for many months, if not years, after the person’s removal to Rwanda. This cannot be right. We cannot have a position whereby a person’s removal from this country is prevented based on a risk that does not currently exist and may not exist until a significant amount of time has elapsed after the person is removed. These provisions are consistent with the measures introduced in the Illegal Migration Act, agreed by this House last year. “Imminent” features in the European Court of Human Rights’ practice direction on interim measures. Clause 4(4) is not out of step with the Strasbourg court.

Amendment 32 would disapply Section 54 of the Illegal Migration Act, enabling the UK courts to grant an interim remedy preventing removal to Rwanda in cases where the duty to remove applied. This would undermine the suspensive claims procedure provided for in that Act. It risks vexatious claims being brought at the last minute in an attempt to frustrate removal, which would weaken the effectiveness of that Act. These amendments ultimately undermine the core principles of the Bill, and the Government cannot support them.

I turn to the position of potential and confirmed victims of modern slavery. The UK has a proactive duty to identify victims of modern slavery. We remain committed to ensuring that, when indicators that someone is a victim of modern slavery are identified by first responders, they continue to be referred into the national referral mechanism for consideration by the competent authorities. For all cases, steps will be taken to identify whether a person may be a victim of modern slavery. If a person is referred into the national referral mechanism, a reasonable grounds decision will be made.

The amendment proposed would act to impede the provisions already passed in the Nationality and Borders Act and the Illegal Migration Act, which introduced the means to disqualify certain individuals from the national referral mechanism on grounds of public order before a conclusive grounds is considered. Furthermore, the amendment is unnecessary, because it is important to be clear that the Government of Rwanda have systems in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health and gender-based violence.

If there is a positive reasonable grounds decision in a pre-Illegal Migration Act case, the provisions in Part 5 of the Nationality and Borders Act will protect the person from removal pending a conclusive grounds decision, unless they are disqualified on the grounds of public order.

As I set out in my letter to the noble Lord, Lord Purvis, under Article 5(2)(d) of the treaty the United Kingdom may, when necessary for the purposes of relocation and when UK GDPR compliant, provide Rwanda with

“the outcome of any decision in the United Kingdom as to whether the Relocated Individual is a victim of trafficking”,

and this includes positive reasonable grounds decisions. Under Article 13(1) of the treaty, Rwanda must

“have regard to information provided about a Relocated Individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking, and … take all necessary steps to ensure that these needs are accommodated”.

[Lord Scriven (LD)]

The Minister has just said something at the Dispatch Box that is not factually correct. He said that under Article 13(1) on trafficking Rwanda must take all necessary steps. The treaty actually says that it

“shall take all necessary steps”.

Those are two very different things.

[Lord Sharpe of Epsom (Con)]

Is that correct? It sounds very moot to me, legally. I said that Rwanda must

“have regard to information provided about a Relocated Individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking, and … take all necessary steps to ensure that these needs are accommodated”.

That sounds very much the same to me.

All relocated individuals, including potential and confirmed victims of modern slavery, will receive appropriate protection and assistance according to their needs, including referral to specialist services, as appropriate, to protect their welfare. So it is simply not correct to assert that the Government do not care.

Finally, if, despite those safeguards, an individual considers that Rwanda would not be safe for them, Clause 4 means that decision-makers may consider a claim on such grounds, other than in relation to alleged onward refoulement, if such a claim is based on compelling evidence relating specifically to the person’s individual particular circumstances, rather than on the ground that Rwanda is not a safe country in general.

I turn to Amendment 44, tabled by the noble Lord, Lord Browne of Ladyton, and spoken to by the noble and gallant Lord, Lord Stirrup. Although this amendment is well intentioned, it gives rise to the possibility that criminal gangs operating in northern France and across Europe will exploit this carve-out as a marketing model to encourage small boat illegal entry to the UK. The terms “agents, allies and employees” will likely result in people who have arrived illegally falsely claiming to be former agents and allies as a tactic to delay their removal, completely undermining this policy’s priority to stop the boats and promptly remove them, either to their home country or to a safe third country such as Rwanda.

The Government deeply value the support of those who have stood by us and our Armed Forces overseas. As a result, there are established legal routes for them to come to the UK. For example, those who enlist and serve in His Majesty’s Armed Forces are exempt from immigration control until they are discharged from regular service. After this time, non-UK HM Armed Forces personnel can apply for settlement under the Immigration Rules on discharge when their exemption from immigration control ends.

There are also provisions for family members of HM Armed Forces personnel to come to the UK legally. Anyone eligible for the Afghan relocations and assistance policy and the Afghan citizens resettlement scheme should apply to come to the UK legally under those routes.

I take what the noble Lord, Lord Browne, and the noble and gallant Lord, Lord Stirrup, say very seriously, and His Majesty’s Government regret that so many cases need to be reassessed. The MoD is taking the necessary steps to ensure that all future decisions are made in accordance with the enhanced guidance being produced for the review to which the noble Lord, Lord Browne, referred. This was recently announced by the Defence Secretary and while many former members of Afghan specialist units, including the Triples, have been found eligible under ARAP and safely relocated to the UK with their families, a recent review of processes around eligibility decisions demonstrated instances of inconsistent application of ARAP criteria in certain cases. In light of that, the MoD is taking the necessary steps to ensure that the ARAP criteria are applied consistently through reassessments of all eligibility decisions made on ineligible applications with credible claims of links to Afghan specialist units on a case-by-case basis.

This review will move as quickly as possible, but we recognise that ARAP applications from this cohort present a unique set of challenges in assessing their eligibility. These units reported directly into the Government of Afghanistan, which means that HMG do not hold employment records or comprehensive information in the same way we do for many other applicants. It is essential that the MoD ensures this is done right and provides the opportunity for applicants to provide further information—which I note can sometimes take time—from these individuals.

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[Lord Sharpe of Epsom (Con)]

When I was explaining the ARAP situation, I pointed out the difficulty of assessing and accessing some of the records, but I will certainly make sure that is taken back to the Foreign Office, which, as I understand it, administers a large part of the ACRS, which is the agreement under which the Afghan interpreters come to this country. I will find out the answer.

[Lord Scriven (LD)]

The Minister will not be able to answer this, but I would appreciate it if he could write to me and the House on it. He keeps referring to the treaty saying “must”. There is a difference between “must” and “shall”. In law, “must” is an absolute obligation. Article 13(1) says that Rwanda they “shall” take necessary steps, not “must”. Will he write to me, as I have the treaty here and it says something different from what he has said three times from the Dispatch Box?

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Scriven (LD)]

My Lords, I have added my name to this amendment. Because of the lateness of the hour, I will not repeat any of the arguments for why the amendment is needed. I will add an extra point, again looking at the treaty. It was partly alluded to by my noble friend Lord Purvis of Tweed. Amendments to the agreement are by executive order. This Parliament is being asked to say that Rwanda is safe. Rwanda is safe on the basis of this treaty; that is the basis on which this Parliament is being asked to say that Rwanda is safe.

However, Article 20 on amendments to the agreement states:

“This agreement may be amended at any time by mutual agreement between the Parties”.


Therefore, tenets that are deemed to make Rwanda safe based on the judgment of the Supreme Court could, by executive order, be amended. This Parliament would not be able to change its view that Rwanda is safe. The treaty could be changed.

Therefore, when this treaty falls on the date that has been said in two years’ time, it is quite right that this Parliament should therefore be able to look at everything in the round, including any amendments to this treaty, to determine whether Rwanda is still safe. That is why this amendment is needed.

[Lord Sharpe of Epsom (Con)]

Once again, I thank noble Lords who have contributed to this debate. As we have heard throughout today’s debate, we have to do more to break the criminal gangs’ business model, and to deter illegal migrants. These journeys are extremely dangerous. People have lost their lives attempting to cross the channel, as is well reported. These journeys are also unnecessary, as those making these crossings are coming from safe countries, such as France, where they could have claimed asylum. I say respectfully to the right reverend Prelate that that is surely the fundamental issue.

While the Government have made progress towards stopping the boats—with small boat crossings down by a third in 2023, while the numbers of illegal migrants entering some European countries have risen by 80%—we still need to do more. By delivering our key partnership, relocating people to Rwanda and not allowing them to stay in the UK, we will prevent people making these dangerous crossings, and we will save lives.

I thank the right reverend Prelate the Bishop of Chelmsford for tabling Amendment 91, but we do not think it is necessary. It is clear from the evidence pack that the Government published on Thursday 11 January, and from the treaty itself, that Article 15 of the treaty enhances the role of the independent monitoring committee, ensuring that obligations under the treaty are adhered to in practice. I am sorry that I will be going over some old ground, but, as my noble friend Lord Howard pointed out, this is not dissimilar to some earlier amendments.

We have repeatedly made clear that the monitoring committee will have the power to set its own priority areas for monitoring, unfettered access for the purposes of completing assessments and reports, and the ability to publish these reports as it sees fit. Crucially, the monitoring committee will undertake real-time monitoring of the partnership for at least the first three months. This period of monitoring can be extended if required. The monitoring committee will be able to urgently escalate issues prior to any shortcomings or breaches placing a relocated individual at real risk of harm. This will include reporting directly to the joint committee co-chairs within 24 hours in emergency or urgent situations.

To expand on the points made by the noble Lord, Lord Faulks, I also refer the right reverend Prelate to my remarks earlier. Article 4.1 of the treaty sets out clearly that it is for the UK to determine the timing of a request for relocation of individuals under the terms of the agreement, and the number of such requests made. This means that the Government would not be obligated to remove individuals under the terms of the treaty if there had been, for example, an unexpected change to the in-country situation in Rwanda. As is the case in many scenarios, the Government would be able to respond and adapt as necessary and there is therefore no need to include a sunset provision as suggested.

Rwanda has a long history of supporting and integrating asylum seekers and refugees in the region; for example, through its work with the UNHCR to host the emergency transit mechanism. A specific example of Rwanda’s successful work with the UNHCR is the memorandum of understanding between Rwanda and the UNHCR to host a transit facility in Gashora for asylum seekers fleeing civil war in Libya, which has operated since 2019.

The noble and learned Lord, Lord Falconer, is correct: if the agreement is not extended beyond the date he mentioned, in effect, it dies. Rwanda has a strong history—

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I appreciate that the noble Lord asked me about this in the debate last week as well. I will not give him a precise answer at this moment, but will come back to him.

[Lord Scriven (LD)]

My Lords, I thank all noble Lords who took part in this group of amendments. It has been an interesting group and I think we have teased out quite a bit of the Government’s intentions. It is clear that thousands of people will have these rules applied to them even though they arrived on the shores of this country when it was admissible for them to stay in the UK. There is no desire in the Government for this Parliament to have effective monitoring of both the treaty and the operational arrangements of what will happen.

It is very clear from this group, from the Minister’s answers and from what noble Lords have teased out, that there is no trigger to determine exactly, on the ground, that Rwanda is safe—it is only a sentiment in this Act of Parliament—and that the treaty arrangements do not have to be in place for Rwanda to be deemed a safe country by the Government. The treaty only has to be signed, rather than the operational arrangements be in place.

It is also clear that the costings and budgets for this are so diffuse that there will be no real public scrutiny or transparency of the costs of this scheme—it will take many years to get to the bottom of that. Even though the monitoring committee will be in place, the important point is that it has no powers of remedy over anything that it sees as wrong.

So this has been a useful part of Committee. There have been very good questions that have teased out some of the issues. I, like many noble Lords, am not convinced that the Government have answered some serious issues regarding the suite of amendments, and I am sure we will come back to some of them on Report. Having said that, I beg leave to withdraw my amendment.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I repeat the points that I have made. I will write the letter to the noble Lord. I have the information, but it is incredibly lengthy and I do not want to repeat it all now. I will make sure it is put down in a letter to the noble Lord.

[Lord Scriven (LD)]

The Minister cannot get away with this. This is a clear issue of an amendment that has been put specifically regarding these people. Section 22(2) disapplies the prohibition of removing that person. Basically, the Illegal Migration Act does exactly what my noble friend says: these people will not be referred. The answer that the Minister has given from the Dispatch Box does not apply to people who have arrived by an illegal route. What route will they have to be assured that any protection that he has just said will be offered to them in Rwanda will in fact be offered there? There will be no data, no evidence and no protection for them.

[Lord Sharpe of Epsom (Con)]

My Lords, I will go into the detail that I have on what happens when someone arrives illegally and claims to be a victim of modern slavery, both under the Illegal Migration Act and pre-IMA. First responders will be expected to refer individuals into the national referral mechanism where there are indicators of modern slavery, whether IMA or pre-IMA.

Under the IMA, when somebody has arrived in the UK illegally and is therefore subject to the Section 2 duty to make removal arrangements, and has received a positive modern slavery reasonable grounds decision from the competent authorities in the NRM, they will be disqualified from the protections that typically flow from a positive RG decision unless the exceptions in Section 22 of the IMA apply.

Under pre-IMA, when someone has arrived in the UK illegally and they have received a positive modern slavery reasonable grounds decision in the NRM, they are eligible for the protections and support of the recovery period. However, if a public order disqualification, as set out in Section 63 of NABA, is made for an individual, that eligibility for support will not apply and they may be eligible for removal.

The other point is that, as I have said before from the Dispatch Box, the treaty specifically provides that we share information with Rwanda and that extra measures will be provided with regards to the specific vulnerabilities of the types that we are discussing. I hope that goes some way to clarify the picture. I appreciate that it is quite complex to keep up with, and I will write a letter.

Amendments 23 and 47 overlap with later amendments in the name of the noble Lord, Lord Dubs. I hope that the noble Lord, Lord German, will be content if I deal with the substance of that amendment when we reach that debate. In summary, Article 3 of the UK-Rwanda treaty makes specific reference to unaccompanied children not being included in the treaty and that the UK Government will not seek to relocate unaccompanied children under the age of 18 to Rwanda.

Amendment 85 looks to put a block on commencement and seeks to ensure that there are detailed assessments of the impact of the Bill on victims of modern slavery and human trafficking. The independent monitoring committee, established on 2 September 2022 under the terms of the initial MoU, has subsequently been enhanced by the treaty between the UK and Rwanda to ensure that the obligations under the treaty are adhered to in practice. The treaty already makes clear that the agreed monitoring mechanisms must be in place by the time the partnership is operationalised.

As noble Lords also know, the new Independent Anti-Slavery Commissioner started her role on 11 December 2023. The Government will work collaboratively with the commissioner to ensure that modern slavery is effectively tackled in the UK, and will work with international partners to promote best practice.

As set out in the earlier debate, the Government’s assessment in the published policy statement, drawing on wider evidence documents, is that Rwanda is a safe country with respect for the rule of law. The treaty that the UK has agreed with Rwanda makes express provision for the treatment of relocated individuals, demonstrating the commitment of both parties to upholding fundamental human rights and freedoms without discrimination and in line with both our domestic and our international obligations.

Rwanda is a country that cares deeply about refugees, and I thank my noble friend Lord Bellingham for his perspective on this. That is demonstrated by its work with the UNHCR to temporarily accommodate some of the most vulnerable populations who have faced trauma, detention and violence. We are confident that those relocated under our partnership would be safe, as per the assurances negotiated in our legally binding treaty.

In answer to the noble Lord, Lord Kerr of Kinlochard, Clause 7(2) of the Bill says:

“In this Act, references to a person do not include a person who is a national of the Republic of Rwanda or who has obtained a passport or other document of identity in the Republic of Rwanda”.


All relocated individuals, including potential and confirmed victims of modern slavery, will receive appropriate protections and assistance according to their needs, including referral to specialist services, as appropriate, to protect their welfare.

Morality was mentioned by a number of speakers. I would like to put on the record a slightly different perspective on morality. I think it is immoral not to try to stop vulnerable people being exposed to dangerous and involuntary channel crossings. It is immoral to facilitate the activity of criminal gangs, most of whom, by definition, are also human traffickers. It is our moral imperative to stop these modern-day slavers and smash these criminal gangs that are exploiting people and putting others’ lives at risk. If any victims are identified, as I have repeatedly said, there are safeguards within the treaty to make provision for their vulnerabilities.

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[Lord Sharpe of Epsom (Con)]

Based on the information that I have available to me here, the answer to that is yes. However, I reserve the right to correct that in the letter if I am wrong, for which obviously I will issue the appropriate apologies.

If, despite all those safeguards, an individual considers that Rwanda would not be safe for them, Clause 4 means that decision-makers may consider a claim on such grounds other than in relation to alleged onward refoulement if such a claim is based on compelling evidence relating specifically to the person’s particular individual circumstances rather than on the ground that Rwanda is not a safe country in general.

I hope that I have been able to provide some reassurance to noble Lords and that the noble Lord will be content to withdraw his amendment.

[Lord Scriven (LD)]

My Lords, I thank all noble Lords for contributing to what has been a very powerful and at times deeply moving debate. It reminds us that we are talking not about a group with a label but about fathers and mothers, sons and daughters, brothers and sisters. In this group we have been talking about some of the most vulnerable of the vulnerable: those who have been trafficked, who have not arrived on our shores of free will but who are here because, as my noble friend Lord Purvis of Tweed said, they have been trafficked, have been brought here against their will and are being held in slavery against their will.

This debate has shown that when reality hits rhetoric, rhetoric never wins. I have not been convinced by the Minister’s responses, and in a way I feel sorry for him, because I am sure that, in his heart of hearts, he does not believe in the majority of the nonsense that comes out of his official briefs on this. It is so incredible that it could be read in a parallel universe, because it is not based in the reality which I think most sensible people in this country would understand.

It is amazing that we as a House of the British Parliament, to use the phrase of the noble Lord, Lord Randall of Uxbridge, now have to plead in order to try to put in a league table the right of the most vulnerable of the vulnerable for some basic protections that we would want to give every single human being. I do not think that the Minister has convinced me or the majority of the House that the answers he has given do that.

However, despite that, I am sure that on Report we will come back to these important issues of protecting mothers, fathers, sons and daughters. I beg to withdraw Amendment 18.

Refugees: Homelessness

Debate between Lord Scriven and Lord Sharpe of Epsom

Wednesday 13th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, Covid presented a very different set of challenges to those we face today. We are attempting to relieve the pressure on the enormously overburdened hotels, and all the rest of it, that are costing this country £8 million a day and £4 billion a year.

[Lord Scriven (LD)]

My Lords, following on from my noble friend’s question, the Minister is correct that the Government are trying to align the permit period but, once a permit is received, it takes at least another five weeks before universal credit and housing benefit applications can be dealt with. Will the Minister go back to the department and look at the broader picture to align the two timescales so that people are not made homeless because they cannot claim those benefits?

[Lord Sharpe of Epsom (Con)]

I will take that up with DWP colleagues, as it sounds very much like it is for their department. I cannot answer the question.

Refugees and Asylum Seekers: Safe Routes

Debate between Lord Scriven and Lord Sharpe of Epsom

Wednesday 22nd November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I understand it, those hubs have worked very well. There were 5,186 asylum applications from unaccompanied asylum-seeking children in the year ending June 2023—a similar number to the year ending June 2022. There were 6,229 initial decisions relating to UASCs in the year ending June 2023, some 78% of which were grants of refugee status or humanitarian protection. The statistics bear out the fact that they are working well.

[Lord Scriven (LD)]

My Lords, evidence shows that refugees will choose official routes over smugglers, where they represent a realistic alternative. Therefore, to smash the smugglers’ deadly trade, will the Government look at piloting a refugee visa, as outlined in a report by Safe Passage?

[Lord Sharpe of Epsom (Con)]

My Lords, no, I am afraid the Government are going to be consistent in this particular regard. As I said earlier in my initial Answer, there is no provision within our Immigration Rules for somebody to be allowed to travel to the UK to seek asylum or temporary refuge, so I do not think that visa is on the table.

Rwanda: Asylum Arrangements Treaty

Debate between Lord Scriven and Lord Sharpe of Epsom

Tuesday 21st November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I will certainly make sure that the noble Baroness’s comments are reflected back to the department.

[Lord Scriven (LD)]

My Lords, it may have escaped the Minister’s attention that a schedule to the then Illegal Migration Bill had Rwanda down as a safe country. It also listed another 20 or so countries that the Government deemed safe through that legislation. What assessment have the Government made of those countries in the light of the Supreme Court’s judgment?

[Lord Sharpe of Epsom (Con)]

My Lords, the Supreme Court’s judgment was specific to Rwanda, so we should leave it at discussing Rwanda for now.

Illegal Migration Bill

Debate between Lord Scriven and Lord Sharpe of Epsom

Committee stage
Wednesday 14th June 2023 Lords Chamber

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

My Lords, I thank all noble Lords who have spoken to these amendments today, and I thank all noble Lords for their comments.

Amendment 132 in the name of the noble Baroness, Lady Hamwee, would require the Home Secretary to commission an independent management review of the efficiency of UK Visas and Immigration in processing visa applications, and of Immigration Enforcement’s work in removing from the UK those whose right to remain has expired.

I recognise that we should always be striving for maximum efficiency, and indeed effectiveness, in everything we do. In that regard, I agree with my noble friend Lord Kamall. But making decisions quickly and accurately is obviously in the best interests of the individual concerned, as the noble Baroness, Lady Hamwee, explained, and represents value for money for the taxpayer; and, where there is misuse of the UK’s generous immigration system, so is ensuring that that is dealt with effectively. I am sure that noble Lords will join me in thanking the commitment of countless staff across the immigration system who uphold fairness and professionalism while making complex decisions every day. As regards the backlog, I do not have the precise figures to hand, but I note that the Home Secretary was speaking this morning in front of the Home Affairs Select Committee and was quoting some of those statistics, if noble Lords would like to refer to that.

Paying external management consultants to look into the efficiency of these Home Office operations would be unnecessary and not, I suggest, a good use of public funds. Reports by the Independent Chief Inspector of Borders and Immigration, the National Audit Office and others continue to provide insights into how current operations can be improved, including by identifying and disseminating good practice. We also publish quarterly immigration statistics, including on asylum and returns, which help to shine a light on current performance and inform parliamentary scrutiny of the work of the Home Office.

I agree wholeheartedly that we need a culture of continuous improvement to enhance the efficiency, accuracy and fairness of our decision-making processes in respect of visa applications and the efficiency and effectiveness of our enforcement immigration operations. I am not persuaded that legislating for an independent management review is the most efficient way to go about this, but I of course welcome the intent behind the amendment of the noble Baroness, Lady Hamwee.

[Lord Scriven (LD)]

The Minister mentioned the Independent Chief Inspector of Borders and Immigration reports. The 2021 report indicated four key issues: a shortage of technical specialist staff; inadequate training for asylum interviews; low morale and high turnover of staff because of lack of career progression; and the removal of the 2019 standard service to decide 98% of straightforward cases within six months. Recommendations have been made; how many have been implemented?

[Lord Sharpe of Epsom (Con)]

I am afraid I do not have answers to the noble Lord’s questions. I will have to come back to him on them, if he will permit me to do so.

Amendment 134, tabled by the noble Lord, Lord Coaker, and signed by the noble Lord, Lord Carlile, and Amendment 149, tabled by the noble Baroness, Lady Hamwee, bring us back to the question of the publication of the impact assessment for this Bill. I will take this opportunity to remind noble Lords that the equality impact assessment for the Bill was published on 10 May. Unfortunately, on the economic impact assessment, I can but reiterate what my noble friend Lord Murray has said on a number of occasions: namely, that it will be published in due course.

Ukraine: Visa Restrictions for Refugees

Debate between Lord Scriven and Lord Sharpe of Epsom

Monday 28th February 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Objectively, they have. I also think it is important to emphasise again that visas are an important security tool. There are, unfortunately, a small number of people who, due to their connection to Russian intelligence services, for example, may represent a threat to UK national security. Security checks related to the visa application process assist in addressing this threat. I of course accept that there is a humanitarian crisis, but the appropriate route is via the visa application centres in neighbouring countries.

[Lord Scriven (LD)]

My Lords, the noble Baroness, Lady Williams, said at the Dispatch Box in an answer on the first Oral Question that it is about playing our part. Telling people fleeing Putin’s bombs to apply for a fruit-picker visa is not playing our part. What has stopped the UK Government acting with the same speed and compassion as the 27 EU countries in granting Ukrainians fleeing war asylum for three years without having to apply for a visa?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not think it is fair to talk about fruit-picker visas. I would also point out that, as I have just said, there are no direct travel routes from Ukraine to the UK at the moment. The safest route for people to leave Ukraine is via neighbouring countries to the west. We have, as I say, searched after visa application centres. Dependents of British nationals resident in Ukraine who need a UK visa can apply through new temporary locations in Lviv or through a visa application centre in nearby countries, including Poland, Moldova, Romania and Hungary. We are setting up a new pop-up visa application centre in Rzeszow in Poland next week.