Safety of Rwanda (Asylum and Immigration) Bill

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Consideration of Commons amendments
Tuesday 16th April 2024 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, I will speak to Motion F1 and Amendment 10D in lieu. Your Lordships’ House will be pleased to hear that I do not intend to rehearse the moral case for this amendment in any detail. Frankly, if I have not persuaded the House of that on any of the previous occasions that I have spoken to a variant of this amendment, then I will not do so today. Instead, I shall focus briefly on yesterday’s proceedings in the other place and the reasoning of the Minister and others in refusing to accept it in its earlier version, Amendment 10C.

First, I must dispute any suggestion that mine, in any of its versions, is a wrecking amendment. Indeed, I argue that, far from being a wrecking amendment, it is calculated to improve this legislation in a very specific way and, in so doing, to protect our international reputation and our credibility as an ally in future conflicts while leaving the central policy entirely unchallenged—although I do not agree with the central policy or support it.

I take this opportunity to express my thanks to 13 senior military and security figures, many of whom are Members of your Lordships’ House, for their letter in support of Amendment 10C, which was published in the Sunday Telegraph last Sunday. As they said in this letter, without this amendment, the legislation we are considering will

“do grave damage to our ability to recruit local allies in future military operations”.

I will be grateful if, when he responds, the Minister explains why several noble and gallant Members of this House—former Chiefs of the Defence Staff and others with direct senior experience in national security issues—are wrong in that assessment and that his Government are right. If the Government simply feel that our future credibility as an ally is less important than other considerations, perhaps he could just say so openly.

Ours is a revising Chamber; this is what we are here to do. Given that we have already seen objective reality defined by governmental fiat in relation in Rwanda, I am less surprised than I otherwise might have been by the Government’s determination to construe Amendment 10C as in some way disruptive or hostile. It is neither. After all, as I have explained before, it affects only a small number of people who have given service to this country when we have asked it of them. This is a measured, limited and proportionate amendment, calculated to achieve justice for a relatively small number of people who have risked death and injury at our behest and in our interests.

As I have also explained before, in many cases it has been our own bureaucratic sclerosis, administrative shortcomings and wrongful refusal of the status that would have awarded visas to these very people, enabling them to escape certain death, that compelled these brave men to take irregular routes here in the first place. To then use the fact of their irregular arrival—the need for which is a consequence of our own failure—as a justification for their removal to Rwanda is not merely illogical but disgraceful and immoral.

The Government have offered two principal lines of argument in refusing to accept the principle of exempting this group from deportation. First, they have argued that the deterrent value of the Rwanda policy requires absolute consistency: there should be no statutory exemptions from deportation, however deserving. In response to Conservative Back-Bench voices outlining support for the principles underlying my amendment, the Minister for Countering Illegal Migration argued that it was unnecessary, given that the Home Secretary had discretionary powers under Section 4 of the Illegal Migration Act to exempt individuals in certain circumstances.

Justifying the refusal of my amendment by arguing simultaneously that clemency may hypothetically be exercised and that the deterrent effect must be adamantine is completely incoherent. The Government have had more than a year’s notice of this and of the identity of some of the people affected by the amendment. The Times, the Independent, Sky and Lighthouse Reports have all exposed the failures of our approach to the people affected. If the Government wished to offer certainty and comfort to these people, they have had ample time so to do. What faith can we possibly be expected to repose in the Government’s possible future gratitude to these brave men, given the way in which they have been treated to date? Of course, I welcome the relocations and assistance policy review, but why not simply accept the moral case, add this amendment to the Bill and relieve this and any future Home Secretary of the burden of exercising discretionary power by enshrining this exemption into law?

As the noble and learned Baroness, Lady Butler-Sloss, has claimed, the Government’s new amendment on modern slavery reporting is inadequate. It undermines their own contention that this Bill must be passed unamended to preserve its deterrent effect. In making this concession, they have also—albeit tacitly—conceded the value of the scrutiny of this House. I therefore propose both to test the opinion of this House once again and to ask the other place to consider whether it is really in our moral or national interest to expose those brave men who have served with us to further uncertainty. I continue to believe—as all the time I have been advancing this amendment I have believed—that it is now the time to give them the sanctuary their bravery has earned.

[Viscount Stansgate (Lab)]

My Lords, I will make one point in support of Motion F1. I yield to no one in my commitment to the democratic legitimacy of the House of Commons, but this House does have a constitutional role to play and this Bill is an example of it. We have a constitutional right and duty to make amendments to a Bill—even a bad Bill such as this Bill, which was in no manifesto—to try to improve it.

The noble Lord who just introduced his amendment referred to yesterday’s debate, from which I will read one sentence:

“My abiding concern remains for a class of people who served our country, who endured great danger in Afghanistan, who still find themselves in danger in a third country—namely Pakistan—and who may well fall foul of an entirely unintended consequence as a result of this legislation, however well intentioned it may be”.—[Official Report, Commons, 15/4/24; col. 100.]


That was said by the distinguished Conservative Member Sir Robert Buckland. If we vote in support of Motion F1, we can give Members in the other place another opportunity to think again and accept this improving amendment.

[Lord German (LD)]

My Lords, it was interesting to hear the statement from the Minister in the other place last night that, in the first amendment we are discussing in this group, Amendment 3E, we had confused arrangements between what the treaty required and what the Bill required. However, the House is absolutely clear that the Bill and the treaty are in lockstep. They are locked together not only by Clause 1(2) but by the Minister’s claims that the Government could, through

“this internationally binding treaty, show that Rwanda is a safe country, and enable the Bill to deem Rwanda a safe country”.—[Official Report, Commons, 15/4/24; col. 81.]

It is quite clear that the treaty and the Bill are in lockstep. Therefore, what we do and say about the treaty is just as important, because the Bill flows from it.

This House has already made a determination on the treaty. A vote of this House said that Rwanda is not safe unless certain conditions are met. The Government have already told us that they are working towards the implementation of the issues required to make the treaty operational. However, despite sustained questioning from many Members of this House, we have not been able to identify where those issues are, who has put them forward and at what point they will be operational.

Given that this House—Parliament is in the Bill and that is us, as well—has to declare that Rwanda is safe as a result of the treaty, clearly we must be satisfied that the treaty is operational in the way that has been described. That is why Amendment 3E from the noble and learned Lord, Lord Hope, is so important. Among the issues that we now know have yet to be resolved are those on training, the implementation of appropriate systems and—I venture to say—what system there is for refoulement. We have heard no answers to those questions and there have been many more from other Members during discussions on the Bill.

The amendment from the noble and learned Lord, Lord Hope, will provide Parliament, including this House, a mechanism for ensuring that these conditions are in place to ensure that Rwanda is safe. That is all the first part of this amendment states; we now need to know that the conditions, which the House has determined by its vote on the treaty, are in place so that proceedings on the treaty and Bill can move forward. I therefore encourage all Members of the House to support the noble and learned Lord’s amendment.

Clearly, we give the other amendments great support. On the amendment—it is almost like a thorn in the side—that is required about Afghan supporters, it is amazing to me that the Government cannot find a way of giving action to it. The Government have made no concrete proposal, other than to look at this matter sometime in the future or by some form of special treatment by a Secretary of State. Surely the moral imperative here is to help those who have helped us. Letting them down will not help us in the slightest when we might have need of support in other areas of the world. I encourage people to support this amendment too.

Pakistan: Afghans Eligible for Resettlement in UK

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Monday 18th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

As the noble and gallant Lord will be aware, ARAP is intended to relocate and support those who worked for and alongside UK Armed Forces. No applicant is ruled in automatically based on job description. The units in question were set up by the UK but were an Afghan-led component of the Afghan National Security Forces, reporting to the Afghan Ministry of Interior Affairs. Each ARAP application is decided and scrutinised on its own merits against each criterion outlined in the ARAP policy and the Immigration Rules, which are published online. Eligibility decisions are taken on a case-by-case basis. People will be eligible only if they individually meet these criteria.

[Viscount Stansgate (Lab)]

My Lords, the Minister spoke about eligibility. Can he state unequivocally to the House that a wife and young son of an interpreter who served our Armed Forces would meet the definition of someone’s immediate family who deserve to come to the UK?

[Lord Sharpe of Epsom (Con)]

I cannot say that unequivocally, no. As I have just said, it is on a case-by-case basis. In principle, of course that is the case, but with the caveat that it depends on the case under discussion.

Pakistan: Evacuation of Afghans

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Thursday 9th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid that I am not really qualified to answer on that matter, which I would imagine falls very much within the Foreign and Commonwealth Office, but I will take the question back and ask whether it can shed some light on it.

[Viscount Stansgate (Lab)]

My Lords, I know of an individual case of an Afghan interpreter who is safely here but his family, to my knowledge, is not. His wife and young son got almost as close as they could to the airport hotel in Kabul a year ago and I do not know whether they have got out. Is the noble Lord the appropriate Minister to write to about an individual case, or would he direct me to somebody else to make inquiries about that person, who gave great service to the military, and his family?

[Lord Sharpe of Epsom (Con)]

The honest answer is that I do not know whether I am the right person. It would depend on whether it is an immigration and visa situation or a defence-related situation, so I suggest that the noble Viscount write to me, and I will make sure that it ends up in the right place.

Electronic Travel Authorisation

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Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I agree entirely with my noble friend as to the sentiment behind the decision that we as a nation took. I can reassure him that the ETA system is as unbureaucratic as it can be and is not linked in the same way that ETIAS is to a burdensome requirement for biometric and fingerprint recognition on entry into and exit from the European Union. The British scheme simply requires the taking of a photograph when someone applies for an ETA on their phone. It will be much smoother and much less burdensome and as a result, economic benefits will, I think, accrue to our country.

[Viscount Stansgate (Lab)]

My Lords, the Minister referred to fingerprinting. Can he update the House on what plans, that he knows of, are being prepared to force UK citizens travelling to Europe to be fingerprinted at the point of departure, whether it is Dover, Folkestone or St Pancras? If discussions are happening, can he tell us what steps the Government are taking to enable the infrastructure in those three locations to handle the large volumes of people who would need to be fingerprinted?

[Lord Murray of Blidworth (Con)]

The noble Viscount makes an important point. Obviously, a vital part of the ETIAS system on which the EU will rely involves the implementation, six months before the introduction of ETIAS, of something called the European entry/exit system, which will require all non-EU nationals entering the EU to be photographed and to provide their fingerprints on both entry and exit. This is the topic of ongoing negotiations between our Government and that of the European Union and the member states themselves. Clearly, discussions are ongoing about the impact this will have at our ports and the border. I can reassure the noble Viscount that these things are being speedily considered, and it is hoped that changes may be made.

Cybersecurity

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Monday 3rd July 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid I have no idea; I will find out.

[Viscount Stansgate (Lab)]

My Lords, I am a member of the Joint Committee on the National Security Strategy. We are currently conducting an investigation into ransomware and cybersecurity, which are very much at the heart of this Question. I agree with the noble Lord opposite who said that the Computer Misuse Act is now 33 years old—it is. Heaven knows the world has changed since then. I agree with the Minister that an enormous amount of co-ordination has to be done within government to get this right. Can the Minister provide some future opportunity in government time to have a more general debate about the issues involved? Otherwise, knowing what this House is like, it will take a year or more before the report that the committee eventually introduces can be debated here.

[Lord Sharpe of Epsom (Con)]

The noble Viscount makes a good point. I am obviously unable to comment on the scheduling of parliamentary business but, when the group that I referred to in my initial Answer has finished its consultations and considerations and come to a consensus, we will of course report back to Parliament. I imagine that will include a debate.

British Nationality (Regularisation of Past Practice) Bill

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2nd reading
Monday 19th June 2023 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, I support the Bill but have one quick question. How long was the time between the Government discovering this anomaly and the preparation of this legislation?

School Trips to the United Kingdom

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Monday 19th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

That may well be a very good idea. I am afraid that I am not in a position to comment on that at the moment, but I will certainly look into it.

[Viscount Stansgate (Lab)]

My Lords, the Minister talked about the importance of cultural exchanges, and I agree. Can he tell the House what progress is being made to negotiate with our European neighbours a scheme whereby young musicians and youth orchestras can tour in Europe, which they did so successfully in the years before we left the EU?

[Lord Murray of Blidworth (Con)]

Clearly, once the electronic travel authorisation scheme is in place, holders of EU passports will be able to apply for permission to travel to the UK, which will last for a period of three years. Similarly, our own British musicians will be able to apply for an ETIAS under the European scheme, which will enable them to travel for the requisite period. As to the particular details in relation to assistance for musicians, I am afraid that I do not have the answer to hand; I will look into that and write to the noble Viscount.

Nottingham Incident

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Thursday 15th June 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am absolutely able to agree with my noble friend and I welcome her remarks. I am sure that she and the noble Lord, Lord Coaker, will work together in due course on making sure that future students have a very warm welcome when they arrive at Nottingham University. This gives me an opportunity to mention that Mr Coates, who has been referred to, was four months from retirement, which seems particularly poignant. I read the comments of his sons and was very moved.

[Viscount Stansgate (Lab)]

My Lords, I welcome the comments of all the Members who have spoken, especially my colleague on the Front Bench, who knows Nottingham well. I know Nottingham only a little. I have been to speak at its university on a few occasions.

Sometimes, tragedy can bring out the best in people. What we have seen in Nottingham since this atrocity has brought out the best of what I believe Nottingham to be. The university itself seems to lie at the heart of this tragic event. Although the Minister will not comment on operational matters, am I right in thinking that the arrested suspect is now thought to be a former student of the University of Nottingham, which only throws into greater relief the fact that the university lies at the heart of this? If the Minister cannot confirm that, I will leave it for another occasion. Otherwise, I think the whole House will want to associate itself with everything that was said.

Like the Minister, I saw those two fathers. I am a father; I do not ever want to be in the position of having to do what they had to do. They are very brave.

[Lord Sharpe of Epsom (Con)]

The noble Viscount is right. The Prime Minister put it well when he said that it is every parent’s worst nightmare, or words to that effect. I am sorry to say that I cannot confirm anything at all about the suspect, but I entirely agree with the noble Viscount’s remarks about people being brought together.

Electronic Passport Control Systems

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Wednesday 7th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As a consequence of our long-standing treaty agreements with the Republic of Ireland, the common travel area means that one can travel seamlessly from the Republic into Northern Ireland and from all the other parts of the common travel area, the Channel Islands and the Isle of Man. It is obviously part of that agreement that the external parts of the common travel area operate border security of their own. That seems to have worked very effectively for the last century.

[Viscount Stansgate (Lab)]

My Lords, my interest in this is that I was at Heathrow at the time in question. My flight was cancelled and I found myself in the unusual position of entering the UK barely two hours after I had left it. When I re-entered, it was just before the incident that we are discussing and I could not get through the e-gates, so I had to queue up. I can tell the House that, as I am sure the Minister is aware, even on occasions when the system is allegedly working there are many e-gates not in use. As part of the review that the Minister says is being undertaken into this important incident—by the way, the place was full of schoolchildren on their half-term holiday—he might want to take into account the fact that even on a normal “good” day, many e-gates are not in operation.

[Lord Murray of Blidworth (Con)]

The noble Viscount identifies a good point and is as perspicacious as ever. We are certainly looking into having more of the e-gates operational more of the time. The plan in due course, as I have already informed the House, is to dispense with the need to place the passport on the e-gate and that it will recognise people’s faces as they approach it. That should accelerate the speed with which they can go through the e-gate. I hope that might address in due course the problem raised by the noble Lord, Lord Blunkett, as well.

Police Uplift Programme

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Tuesday 2nd May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for his question and I am happy to join him in congratulating the chief constable whom he has mentioned. As for the funding formula, I do not have the precise details in front of me. However, as I said in the Statement, the demand has changed over the past 10 years. If the funding has changed, that will be a reflection of the change in demand.

[Viscount Stansgate (Lab)]

My Lords, the Minister’s Statement refers to the importance of public trust. As the House will know, in the case of the Metropolitan Police, that is understandably very low—indeed, the Metropolitan Police is itself on probation. To follow up his answer to my noble friend a moment ago about probation, do the Government keep figures on the current number of police officers in the Metropolitan Police who are on probation? Do the Government have an estimate of those who are expected to pass through their probation to become finally qualified police officers?

[Lord Sharpe of Epsom (Con)]

I am glad that the noble Viscount has raised the subject of the Metropolitan Police. It is a little disappointing that it is one of the only forces—in fact, the only force—that did not meet its targets in police uplift, with only an additional 3,468 officers recruited, whereas the target was for 4,557, and the funding was there to do that. As for the probationary statistics that the noble Viscount asked for, as I said in answer to an earlier question, I am afraid that I do not have them to hand, but I shall endeavour to find them and communicate them to the noble Viscount.