Safety of Rwanda (Asylum and Immigration) Bill

Debate between Stella Creasy and Stephen Kinnock

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Stephen Kinnock]

If that is the case, why will Ministers not accept the amendment? Those in the other place, who have a great deal more constitutional expertise than I have, are simply seeking reassurance that our democratic conventions and obligations in relation to alignment with the rule of law will be respected. If that is the case, as the right hon. Gentleman suggests, surely the amendments should be perfectly acceptable to the Government.

[Stella Creasy]

Perhaps I can help to shed light on this. The Minister has just shown that the Government are not abiding by their international obligations. The Good Friday agreement explicitly commits us to working together—those words are in it—with the Irish Government when it comes to the rights of individuals in Northern Ireland. The Bill will deny rights to individuals in Northern Ireland, yet the Minister admitted that the Government have not even consulted the Irish Government. Does my hon. Friend agree that our word is our bond as a country, and if we show that we cannot be trusted to stand up for international law, it is right that this place demands that the Government put it in the Bill?

[Stephen Kinnock]

I agree with my hon. Friend, who makes a very clear case. A lot of rhetoric has accompanied the Bill around the European convention on human rights and the United Kingdom’s obligations under international law. The implications of that for the Good Friday agreement are truly chilling. The way in which Government Members are prepared to sabre-rattle, and to use rhetoric in a way that undermines our reliability as a partner that can be trusted to respect our international legal obligations, is frankly shameful and deeply concerning, not least in the case of the Good Friday agreement.

Lords amendments 2 and 3, in the name of the noble Lord Hope, state that Rwanda may be considered a safe country only if and when the measures set out

“in the Rwanda treaty have been fully implemented”

and the monitoring committee has established that that is the case. The Government claim that the measures in the treaty address concerns in the Supreme Court’s recent ruling, so there is absolutely no reason why Ministers should refuse to accept Lord Hope’s amendments.

Lords amendments 4 and 5, in the name of the noble Lord Anderson, state that Rwanda can be considered a safe country unless there is

“credible evidence to the contrary”,

as determined by a court or tribunal. Following the Supreme Court’s ruling, the Government themselves accepted that the situation in Rwanda is not static but evolving, as it is in every country on the face of the Earth. If the Government accept that Rwanda could one day become safer for asylum seekers who are sent there from the UK, they must by definition accept that it could one day deteriorate. Lord Anderson’s amendments simply provide a basis for assessing the situation on the ground in Rwanda and acting accordingly.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Stella Creasy and Stephen Kinnock

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Stephen Kinnock]

Thank you, Dame Rosie. It is against the backdrop of chaos, confusion and “party before country” that we consider the amendments before us today. I wish to start by commenting on the amendments in the name of the former Immigration Minister, the right hon. Member for Newark (Robert Jenrick).

This Bill is riddled with shamefully anti-democratic clauses that undermine the rule of law and seek to undermine the conventions and values that we on the Labour Benches hold dear. Perhaps the most egregious example of this is the admission in the Bill that its provisions may not comply with the United Kingdom’s obligations under international law. Indeed, clause 3 explicitly disapplies international agreements, including the 1951 refugee convention and the 1984 convention against torture. The leader of the more moderate Conservative caucus, the one nation group, described this approach as “authoritarian” and “a betrayal” of who we are as a nation. He was absolutely right on both points. Our liberal democratic nation is founded on the rule of law and our respect for the judicial function; our international standing is founded on our commitment to human rights and international law; and our proud history is founded on the delivery of those principles, including, indeed, Winston Churchill himself helping to establish Britain as a founder of the 1951 convention.

I made the point yesterday—I will make it again now—that it is not for politicians to interfere with court judgments, and it is not for the Government to respond in a knee-jerk manner to court rulings that they dislike. That is the behaviour of an autocracy, not a democracy. How on earth can our country be the international standard bearer for the rule of law in the face of, for example, Putin’s barbarism or an increasingly belligerent China if we are breaking our own international obligations? Indeed, how can we even hold Rwanda to account on its commitment within this new treaty if we are not practising what we preach? Then there is the real and present danger that this Bill represents to the international agreements that Britain is party to, all of which are central to our national interest.

[Stella Creasy]

Those who are worried about social media may also find it useful to use their phones in the Chamber to double-check those international obligations, and indeed the original text of the European convention on human rights, which states explicitly:

“The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.”

From the start, it was intended that there was a check—[Interruption.] I listened to the right hon. Member for Newark (Robert Jenrick); I hope that he will accord the same respect and courtesy to me. Does my hon. Friend agree that, from the start, it was envisaged that it was an important check and balance to involve the courts in decision making?

[Stephen Kinnock]

My hon. Friend makes a very good point. As we have also seen in the letter that Nathalie Loiseau sent to her about the potential risks that there are to the trade and co-operation agreement, and to a range of other commitments, it is absolutely clear that it is in our national interest to pool our sovereignty with other nations through these conventions in order to strengthen our own national sovereignty. I agree absolutely with her on that point.

Let us look at some of these agreements. First, the European convention on human rights is woven integrally into many different parts of the Good Friday agreement. The political settlement in Northern Ireland should not be taken for granted, so disapplying the ECHR in British legislation would be playing with fire in that regard. The Prime Minister’s very own Windsor framework, which sought to resolve the issues around trade and Northern Ireland post-Brexit, was agreed on the basis of the UK’s full commitment to the Good Friday agreement. I am sure that the Prime Minister would not want to accidentally set fire to his own carefully crafted negotiations.

The EU-UK trade and co-operation agreement includes clauses on important mutual security co-operation, which are reliant on Britain’s commitment to the European convention on human rights. Under articles 1 and 692 of the TCA, UK withdrawal from the ECHR entitles the EU to immediately suspend or terminate the entirety of section 3 of the TCA. Therefore, introducing notwith-standing clauses into the Bill means that the Government would also be dicing with the risk of jeopardising security co-operation with our European partners and allies.

The irony here is that this very security co-operation and data sharing is of pivotal importance when it comes to smashing the criminal gangs that are behind the small boat crossings. This Bill, which is designed to deal with the issue of the small boat crossings and the criminal gangs, could undermine the very co-operation that is supposed to be smashing those gangs—you literally could not make it up. I do not believe that such legislative belligerence is in the interests or the traditions of the Conservative party, and I certainly do not believe that it is in the interests or traditions of our own proud nation. The amendments that have been tabled by the former Immigration Minister would, I am afraid, simply increase all the risks that I have described, so we on the Labour Benches will be opposing them.

Let me turn now to Labour’s amendments. Again, I stress that we reject the Bill in its entirety and that our amendments are designed to limit the damage of this unaffordable, unworkable and unlawful piece of legislation. A major concern of ours is the way the Government are handling the entire Rwanda saga from the point of view of transparency—everything from costs and the processing capacity of the Rwandan Government, to Ministers trying to hide the fact that criminals will be sent from Rwanda back to the UK, and the fact that the UK may have to take some refugees from Rwanda.

Our amendment 36 and new clauses 7 and 8 are all part of an attempt to force the Government to shed more light on the less clear aspects of the scheme, and to introduce more accountability. Amendment 36 would require the Government to publish a full impact assessment, setting out the costs per person for the removal scheme, and the confidential financial memorandum already agreed between the two countries. We believe that the cost per person is far higher than the £169,000 already acknowledged by the Government, and we want Ministers to come clean on that point.

New clause 7 would require the Secretary of State to report to Parliament on a regular basis—every 90 days, as with the monitoring committee—on the operation of the scheme, including data on the number of people relocated to Rwanda and the costs incurred by the UK Government. Similarly, new clause 9 would require regular reporting on the number of asylum seekers declared inadmissible under the Illegal Migration Act 2023 from the point of its entry into force—whenever that may be—and the number of such asylum seekers who were subsequently removed to Rwanda.

New clause 8 would impose further reporting requirements on the Government, including on the number of individuals involved in criminal activity who have been transferred from Rwanda to the UK. In the event of any such transfers, the Government would be required to table a debateable motion in Parliament, so that MPs could consider whether, in the light of the transfers, the operation of the treaty should be suspended. It is important that the British public understand just how many foreign criminals the Conservative Government will be importing back into our country as part of this Rwanda deal.

Further amendments relate to the monitoring committee—a central part of the new treaty, which both sides are required to set up in order to oversee the operation of the removal scheme, and to provide a mechanism for individual asylum seekers to lodge confidential complaints directly with the committee. The Supreme Court raised initial concerns about the capacity of the committee to review complaints in its judgment. Our amendment 59 would make the establishment of this committee a necessary precondition for the commencement of this Act. New clause 5 would place the committee on a statutory footing. The monitoring committee would be required to report to Parliament every 90 days, confirming that all the relevant obligations set out in the treaty are being fully complied with.

In the event that the monitoring committee either fails to meet the 90-day requirement or reports to Parliament that Rwanda is not in full compliance with any provision of the treaty, this Act would effectively be suspended from being in force until any issues with timing or compliance have been resolved. Linked to this, new clause 13 stipulates that the operation of this Act should be suspended at any time when the monitoring committee “is not in operation”.

Finally, new clause 5 states that it is for a Minister of the Crown, and that Minister only, to decide whether to comply with any “interim measures” issued by the ECHR for the purposes of blocking a person’s removal to Rwanda. Amendment 38 stipulates that, in making such a decision, the Minister in question must consult the Attorney General.

The Conservative psychodrama of the past 24 hours only goes to serve the old political adage: if a Prime Minister is incapable of managing his own party, he must be utterly incapable of running the country. The resignation of not one but two deputy chairs last night, followed by a 60-strong rebellion, illustrated the level of utter incompetence at the heart of his Administration. We know what they say: to lose one deputy Chair could be down to misfortune; to lose two in one night looks like sheer carelessness. At least we might see a bit more of them on their GB News show, discussing days of yore while spoon-feeding each other cold baked beans, which was my personal television highlight of 2023. It also explains quite a lot about the amount of hot air emanating from the Government Benches. I certainly hope to see and hear more from them in this election year.

In all seriousness, what on earth is going on? The country is looking on, baffled that the Prime Minister could pay the Rwandan Government £400 million for nothing, yet place such little focus on strengthening our security co-operation with Europe to stop the boats in the first place, and he has spent little time improving our broken public services or helping our struggling households during the cost of living crisis. They are perplexed that the Conservatives are spending so many hours on a piece of legislation that is not really meant to stop the boats; it is about the Prime Minister getting a single plane in the air, with a handful of asylum seekers on it, so that he can say, “Look, I did it! I delivered the Rwanda plan and removed a few refugees.” He thinks the British people will deliver something to him on that basis.

We are perplexed because this is not the behaviour and politics we can afford to expect from a British Prime Minister. These are not the serious policies that will fix our asylum system and make our country a better place—all the headline-chasing gimmicks over hard graft and getting a grip. That is not what the British public voted for. Indeed, nobody—not even his own party—voted for him at all.

This plan is a con. This Bill is a sham. I urge all hon. Members to get behind Labour’s amendments to limit the damage and to vote against the Bill on Third Reading. It is unworkable, unaffordable and unlawful. If we are to stop the Tories’ small boats chaos and end expensive asylum hotel use, which costs £8 million a day, this Conservative psychodrama needs to end. We need Labour’s five-point plan to end this chaos, starting with going after the criminal gangs upstream in a new security partnership with Europol. We need a Government that put country before party, and we need a general election this spring.

Illegal Migration Bill

Debate between Stella Creasy and Stephen Kinnock

Report stage
Wednesday 26th April 2023 Commons Chamber

[Stella Creasy]

I understand why the Minister did not want to give way on this issue, despite saying that he would, but my hon. Friend raises the question of people being in hotels. Does he agree that the Government need to be honest with their own Back Benchers about the statutory instrument that they tried to slip out at the end of the previous Session that will remove the licensing laws from houses of multiple occupancy for asylum seekers? That will presumably prevent local authorities from refusing to license those places, and it will also have the consequence of meaning that we no longer require places where we are expecting families, pregnant women and small children to live to have fire alarms, smoke alarms or running water. Does he agree that the Government need to be honest about how awfully they wish to treat asylum seekers and how they will avoid local authorities being part of that conversation?

[Stephen Kinnock]

I thank my hon. Friend for that powerful intervention. She is absolutely right. We are talking about basic standards of decency and humanity. Houses of multiple occupancy need to be properly regulated. They need a basic floor of certification and registration and of health and safety, particularly when we are talking about families. The Government should consider being more transparent and straightforward on that point.

Fortunately, we on the Opposition Benches care about secure borders, and we will clear up the mess by delivering a firm, fair and well-managed system that will stop the dangerous channel crossings, because we know that good government is not about chasing headlines; it is about common sense, hard graft and quiet diplomacy. Those are the qualities that underpin our new clauses and amendments to the Bill.