Safety of Rwanda (Asylum and Immigration) Bill

Baroness Chakrabarti Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

To sum up, the rationale for supporting these amendments is that the UK has international obligations to victims that do not appear to be compatible with the proposals in the Bill and the treaty. There is uncertainty about the identification of victims under the Illegal Migration Act 2023, which flows into this Bill, and the Home Office has not adequately demonstrated that Rwanda can provide the necessary support for victims of modern slavery, despite the treaty obligations. For all those reasons, I support these amendments. I hope that the Government will give them proper consideration and certainly make exceptions in the cases of these ex-servicemen and people who have been shown to have been trafficked.

[Baroness Chakrabarti (Lab)]

My Lords, it is always a privilege to follow the noble Lord, Lord Alton, with his decades of human rights advocacy, often at personal risk from some of the rather terrifying regimes around the world that he has criticised. It has also been a privilege to sit in this Committee and listen to the contributions, to remind the Committee, from a former Chief of the Defence Staff, a leading jurist, a former chair of the Conservative Party, and, of course, my noble friend, a former Defence Secretary.

I say to the noble Lord, Lord Horam, with whom it is always a pleasure to engage, on his coach and horses concern that, on one level, he is quite right. The testimony and stories we have heard in relation to all these exemption amendments—I support them all—do indeed highlight the overall illogicality and cruelty of the Bill. There is no doubt about that, but I do not want to rehearse that.

We established last time that Rwanda is not yet safe for any asylum seeker or refugee. We have already argued, and will argue in subsequent groups, that discretion should not be totally squeezed from the Secretary of State’s hands, that the judiciary should not be ousted, that safety should only be a rebuttable presumption and so on. Their testimony bears witness to all the structural problems of the Bill that need to be tackled.

However, I put it to the noble Lord, Lord Horam, in the light of what we have heard about, for example, children, people who have been enslaved and trafficked against their will or those who have put themselves in harm’s way at the service of the British state, that even if Rwanda becomes safe and one agrees with the noble Lord—I do not, but I am on this journey—that it is acceptable to transport human beings for asylum processing, these groups should never be so transported for the reasons that have so compellingly been given.

Some of them, the children and the trafficked people, had little or no say in their arrival in the UK in the first place. Certainly, deterrence can never speak to them and their situation. Then there is the group that my noble friend Lord Browne so ably addressed; we should not dream of deterring them. We made a promise to them and they have paid for it, many of them in courage and blood. How dare we! I am actually rather ashamed that my noble friend had to table an amendment of that kind at all. The people to whom we made that promise will be spared, only because, when he questioned Ministers on 5 February for a relatively lengthy period, they were not able to explain the position once the Secretary of State’s hands are tied and he is under a statutory duty to send people to Rwanda because they came by an irregular route.

So I say to the noble Lord, Lord Horam, whatever our disagreements about the policy as a whole, the Bill in general and all the amendments that I hope will make it a little better, that he must take a different position over the exemptions in this group.

[Lord Kerr of Kinlochard (CB)]

It has indeed been a remarkable debate, as the noble Baroness says. Her own contribution maintained the high standard that has been set; I shall now lower it. I have two small points to make.

First, I strongly support Amendment 75, so ably addressed by the noble Lord, Lord Browne of Ladyton. It extends the exemption not just to the Armed Forces but to any agent, ally or employee of the Crown abroad. That brings in the British Council and the British high commissions and embassies. The noble Lord, Lord Hannay, has frequently drawn attention to the endangered staff of the British Council in Afghanistan. I strongly support this amendment.

It is also relevant to note, in the context of Amendment 75, that Rwanda has never granted asylum to any Afghan, whereas our acceptance rate of asylum claims from those arriving by small boats is 99%. That proves that people who have turned up here from Afghanistan asking for asylum have a very real reason to have fled. Our processes have checked that their cases are valid; they are fleeing a risk of persecution. Rwanda’s track record suggests that their reception might not be as unbiased there as it here, even if the changes introduced by the treaty come into effect in Rwanda. So I strongly support Amendment 75 and I hope we all do.

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[Lord Anderson of Ipswich (CB)]

My Lords, I rise in place of the noble Lord, Lord Carlile, to speak to Amendments 19, 21, 25 and 28, in his name and in mine, which are also signed variously by the right reverend Prelate the Bishop of Manchester, the noble Viscount, Lord Hailsham, and the noble and learned Lord, Lord Etherton. We are all grateful to Justice for its assistance in drafting these simple but important amendments.

The purpose of these amendments is to replace the irrebuttable presumption in Clause 2 that Rwanda is a safe country by a rebuttable presumption to the same effect. Decision-makers would begin from the same position that Rwanda is safe, but they would be entitled to consider credible evidence to the contrary. That is provided by Amendments 19 and 21, which amend Clause 2(1).

Amendment 28 supplies more detail by indicating the matters on which evidence could, if it is available, be presented: the risk of refoulement from Rwanda, the risk that there will be no fair and proper consideration of an asylum claim there, and the risk that Rwanda will not act in accordance with the treaty. These are all things that, under Clause 2 as it currently stands, may not be considered by independent courts and tribunals. They are not only relevant but of the highest importance to the lives and safety of anyone we send to Rwanda.

Finally, Amendment 25 would lift the bar on courts and tribunals considering claims that Rwanda is not safe. It is the logical corollary of Amendments 19 and 21: if decision-makers are entitled to consider credible evidence that Rwanda is not safe, the courts must be entitled to do so in order to determine whether they came to a lawful decision. Amendment 29, from the noble Lord, Lord Coaker, is welcome, but without an equivalent of Amendment 25 I am afraid that it does not do the job.

These amendments would not open the floodgates to vexatious claims. To be considered, any evidence must meet the credibility threshold—a well-established feature of Home Office practice, which, in a policy document entitled Assessing Credibility and Refugee Status in Asylum Claims Lodged on or After 28 June 2022, highlights a number of so-called credibility factors, including sufficiency of detail, internal consistency and plausibility.

To summarise, Clause 2, as it came to us from the Commons, requires officials to disregard relevant facts and prevents the courts calling them to account for it. With Clause 1, it creates a legal fiction—not in the field of tax law or planning law, where such things have their place, but in the totally different context of human safety and its opposite. It suppresses the evidence-based inquiry on which our common law and, ultimately, our democracy depend. Accept this and, as the noble Lord, Lord Hennessy, said in his Second Reading speech, with all his constitutional expertise:

“We shall be living in a different land, breathing different air in a significantly diminished kingdom”.—[Official Report, 29/1/24; col. 1022.]


These four amendments would enable those entrusted with these sensitive decisions to look at Rwanda as it is, not as we all hope that it may become. But I must acknowledge that, for this very reason, they go to the heart of this Bill, for it is not a bright by-product of this Bill but its whole purpose to assert to be true what first the Supreme Court and then our International Agreements Committee have found to be false, and then to protect that false assertion from rational challenge by decision-makers or in the courts.

This is not, like the previous group, a debate about exceptions. The deterrence theory on which the Bill is founded has the unfortunate result that it is the most objectionable features of this Bill to which the Government hold most tightly, even when, as here, they set a thoroughly depressing precedent. There are limits to my optimism that the Minister will respond positively to these amendments but, knowing him and respecting him as I do, I do not altogether abandon hope.

[Baroness Chakrabarti (Lab)]

My Lords, I support the noble Lord, Lord Anderson, who has put his case with the precision and succinctness that we remember of our late friend Lord Judge. These amendments would render the safety of Rwanda, which we hope will come in the future, a rebuttable presumption rather than an absolute conclusion. They echo my Amendment 34, which we discussed in the first group, but put more flesh on those bones. I commend them to the Committee.

I also remind the Committee that the amendments echo a finding by your Lordships’ Constitution Committee. Ministers say that it is precedented and normal to have lists of safe countries in asylum statutes. That has been the case in the past, but in those past cases the consequence of being a safe country on a so-called and unfortunately coined white list of countries has been only a rebuttable presumption. So Ministers were wrong, for example, to say during the course of the Illegal Migration Act, “Nothing special here, nothing new”, when they said that it will be an absolute conclusion and irrebuttable presumption that any country is absolutely safe.

We need to amend this Bill in good faith. We need belts and braces. We will have to look at other provisions and amendments around how it is that we will judge when Rwanda becomes safe, as we all want it to be. In any event, even when all the experts in the world—the UNHCR, independent monitors, parliamentary committees —say that things have gone well in the last couple of years and that the treaty worked out, and how wrong we were to be so sceptical as things have gone so well, so quickly, and Rwanda is considered to be one of the safest countries in the world for its treatment of asylum seekers and refugees, it is still right in principle that the presumption of safety should be a rebuttable presumption and not an absolute conclusion that squeezes out the judgment of civil servants, Border Force and Ministers, or ousts the jurisdiction of our courts.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to Amendment 30 in my name and that of my noble friend Lord Cashman and the noble Baroness, Lady D’Souza. I am grateful to them for their support and to Redress and RAMP for their help, and I refer here to my interests in the register.

This amendment would mean that Clause 2(1) and related subsections concerning the treatment of Rwanda as a safe country would not apply where

“torture … has taken place in Rwanda in the two years prior”,

or where the person concerned

“is themselves a survivor of torture”.

As such, it seeks to minimise the risk of torture arising from the Bill and to safeguard those who are survivors of torture.

The prohibition of torture is guaranteed by the UK through its ratification of various international and regional human rights instruments, particularly the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As a JCHR report on the Bill explains, UNCAT

“provides that a person cannot be removed to a State where there are substantial grounds for believing they would be in danger of being subjected to torture”.

The JCHR emphasis that this is

“a core principle of international law, to which the UK has committed itself on numerous occasions over the past 70 years”.

The existential significance of torture is underlined by a former UN special rapporteur on torture and professor of law, Juan E Méndez, who is himself a torture survivor. He says:

“Torture aims to dehumanise survivors through calculated acts of cruelty to remove the survivors’ dignity and make them powerless. It is a very serious human rights violation and an international crime. It is also a crime under UK national law, no matter where the torture was committed. Torture is forbidden under all circumstances and can never be justified”.


He is saying that this prohibition on torture is absolute and non-derogable, meaning that it cannot be suspended or restricted in any circumstances. This prohibition includes a ban on sending someone to a country where they are at risk of torture or where there is a possibility that they will be sent on to another third country where such a risk may exist. The amendment simply attempts to ensure that the first of these does not happen, while protecting those who have already been subjected to torture.

My noble and learned friend Lord Falconer of Thoroton referred to the issue of torture in the context of refoulement on Monday. However, this amendment concerns torture in Rwanda itself. Redress asked me to table this amendment because of consistent reports of torture being used in Rwanda by the military and the police. According to Human Rights Watch’s submission to the International Agreements Committee, serious human rights abuses continue to occur in Rwanda, including repression of free speech, arbitrary detention, ill-treatment and torture by Rwandan authorities.

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[Lord Stewart of Dirleton (Con)]

First, I remind the noble Lord of some of the constitutional truths that were adverted to in the debate on Monday. No Parliament can bind its successor. Parliament can always come back and revisit matters in future. On the specific point of how Parliament will come to learn of any matters that are of concern, I will refer to this in greater detail in the course of my submission, but I can refer the noble Lord to the independent monitoring committee which the treaty and the Bill establish, and to the work that that will do, feeding back to the joint committee of the two Governments.

[Baroness Chakrabarti (Lab)]

I am fascinated by this new “court of Parliament” concept. Anyone who thinks that the Age of Reason ended in 1800 will need to read Hansard tomorrow because, if I may say so, the Conservative Privy Council Benches have perhaps delivered some of the finest contributions to this Committee today. I, for one, will be rereading the noble Lord, Lord Deben, because enlightenment is clearly not a single moment but something that has to be fought for again and again so as not to end up where the noble Baroness, Lady Bennett, warned us. If there is now to be a court of Parliament that is examining the safety of Rwanda on an ongoing basis, I do think the noble Lord, Lord Purvis, should have an answer on what procedures there are, under the Bill as currently drafted, for these monitoring committees to report not just to the Government but to the court of Parliament that is being so elegantly expounded by the noble and learned Lord.

[Lord Falconer of Thoroton (Lab)]

My Lords, before the Minister answers the question, this is a rather unusual court, because it is a court that does not afford the most basic rights of justice to the people who will be affected by the decisions we make. In any other court, if you are about to be exported to a place you say will torture you, you can normally at least have your voice heard; but not in this new court that the noble and learned Lord has just set up.

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I assure the Committee that the Government of Rwanda are committed to this partnership and, like the United Kingdom, are a signatory to the refugee convention and have an international obligation to provide protection to those who are entitled to it. The Bill is predicated on both Rwanda and the United Kingdom’s compliance with international law in the form of the treaty, which reflects the international legal obligations of the United Kingdom and Rwanda.

[Baroness Chakrabarti (Lab)]

I just remind the noble and learned Lord that he said he would return to the temporal issue of how Parliament would be able to reassess the safety of Rwanda, if facts changed—if there were a sudden change of government or a coup, or if the monitoring committee found that people had been refouled, which was the fear of the Supreme Court, of course. What processes, under the Bill as currently crafted, are there for the court of Parliament to take an application to reconsider its safety, so that it is not determined as safe for all time?

[Lord Stewart of Dirleton (Con)]

My Lords, the noble Baroness’s point echoes the one made by the noble Lord, Lord Purvis of Tweed. I had a brief communication on it with my noble friend Lord Sharpe of Epsom as the noble Baroness was speaking. I think the temporal point that the noble Baroness referred to and the noble Lord raised is to be dealt with in a subsequent group. Perhaps noble Lords will be content if we treat that matter in detail in that subsequent group. I have no doubt that the noble Baroness and the noble Lord will bear in mind the burden of their questions and will come back to us if we have not answered them to their satisfaction. I am obliged to them.

I move on to consider Clause 4, which preserves the ability of individuals to challenge removal due to their particular circumstances where there is compelling evidence that Rwanda is not a safe country for them, other than where that allegation relates to onward refoulement, in relation to which the treaty is very clear. That is the appropriate mechanism to ensure that an individual’s circumstances have been considered.

In response, therefore, to Amendments 37 and 42, tabled by the noble Lord, Lord German, we maintain that it is right that the scope for individualised claims remains limited to prevent persistent legal challenges covering the same ground and to enable us to remove individuals who have entered the United Kingdom illegally.

The noble Lord, Lord Scriven, raised, quite appropriately, the constitutional implications of our response to the Supreme Court’s decision. I underscore my submission to the Committee: no constitutional violence has been done in referring this matter to Parliament, and in taking it into the international, diplomatic and political sphere, as opposed to the civil courts. Ultimately, returning to a remark made by my noble friend Lord Howard of Lympne, who is in his place, this Committee must be concerned with the question of accountability for decisions.

The noble Lord, Lord Scriven, also made the point that evidence must be of an holistic nature. The rules of evidence are based on the principle of exclusion of that which has nothing to do with matters of fact and law with which a particular case is concerned. I wholly accept the point that the noble Lord was trying to make, which was that all individual circumstances must be borne and considered in the round. Although referring to individual reasons is appropriate for considering individual cases, I dispute his submission that it is appropriate for the systemic general claim. I do not accept that.

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[Baroness Chakrabarti (Lab)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Kirkhope of Harrogate, who was, of course, an Immigration Minister in the Home Office and therefore is not a “lefty lawyer” or someone who would be out to wreck any government legislation in this area. I want to say a little about disapplication of the Human Rights Act in general and a little in support of his amendment and to explain my probing Amendment 36.

In my lifetime, in different decades perhaps, both the main parties in this country have at times been divided on Europe. It is particularly sad that, for the party opposite, divisions over Europe have morphed into divisions over human rights and perhaps even the rule of law. As a self-identifying lefty human rights lawyer, I find that very sad because of the rich Conservative rights and rule of law tradition in this country, which was essential to the settlement that some of us are here to defend.

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As for domestic proceedings, for example, I once appeared in a judicial review case for some female litigants who were IRA prisoners. They were being strip-searched in a prison far more often than was appropriate or necessary, so I was able to argue before what is now called the Administrative Court in judicial review that the decision not to stop that strip-searching—a decision by a Minister—was Wednesbury unreasonable, as we would say in the law. That is the normal process we follow and what we are doing here, unless at the very least we include something like Amendment 33, is to allow for there to be no remedy which can be offered to that person sitting in the room with the barrister. I urge the Government to consider this amendment, offered from a highly respected member of their own party, so that it may be a way of finding a compromise which some of us, at least, will be able to accept.

[Baroness Chakrabarti (Lab)]

Does the noble Lord share the concern, that I and various committees of your Lordships’ House have, that the declaration of incompatibility, by itself and without the other remedies and provisions of the Human Rights Act, is not an effective remedy for convention rights? That is the first part of my concern.

The second part is more political: if, because of this Act, the only legal court, as opposed to metaphorical court, that still has jurisdiction to look at the safety of Rwanda—for example, for torture victims—is the European Court of Human Rights in Strasbourg, the Prime Minister will have turned courts into foreign courts. The collision course between the UK and the Strasbourg court will be determined.

[Lord Carlile of Berriew (CB)]

On the noble Baroness’s first question, I agree with the sentiments that she expressed earlier.

I will answer her second question slightly differently: I am puzzled by the hostility that some in the governing party show to the European Court of Human Rights. My understanding is that, on a weekly if not monthly basis, our Government call the European Convention on Human Rights into use to justify government arguments in individual cases. I do not understand that the Government are saying that they do not want to use the convention to their advantage anymore; it is done on a very selective basis for a small number of cases, and generally against the justice of those cases.

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[Lord Murray of Blidworth (Con)]

My Lords, tempted though I am to engage with the noble Lord, Lord Kerr, on that very interesting philosophical question, that might be beyond the ambit of this particular amendment.

I will speak in particular to Amendment 33, which I oppose because it has no purpose. I remind the Committee that Section 4 of the Human Rights Act provides to the courts, at High Court level and above, a power to make a declaration of incompatibility, but the section itself is clear. Section 4(6) of that Act sets out in crystal clear terms:

“A declaration under this section (‘a declaration of incompatibility’) … does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and … is not binding on the parties to the proceedings in which it is made”.


In those circumstances, the noble Baroness, Lady Chakrabarti, said that this amendment is required to preserve some sort of responsibility belonging to this Parliament. That seems to be a misreading of Section 10 of the Human Rights Act, which provides a power to take remedial action. The important part in Section 10(2) says:

“If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility”.


It is therefore clear that, if there is a declaration of incompatibility, the default setting is that the law continues as passed by this Parliament. Therefore, there is no need for the amendment proposed by my noble friend Lord Kirkhope because it is clear that, if no remedial order is laid, the law remains as it is.

[Baroness Chakrabarti (Lab)]

My Lords—

[Lord Murray of Blidworth (Con)]

I will give way to the noble Baroness, Lady Chakrabarti, in a second. The very idea that, in some way, the argument would be better achieved by accelerating the process is simply mistaken, not least because Section 10 says that the declaration of incompatibility can take effect only following the conclusion of the final appeal and confirmation by the parties that that is so. That is likely to be a long time afterwards, given the nature of the types of cases that tend to go to appellate courts. So there is no need for Amendment 33. I give way.

[Baroness Chakrabarti (Lab)]

I am grateful to the noble Lord for giving way. I am intervening because he referred to something I said. Let me be clear: I totally agree with his analysis that Section 4 declarations of incompatibility have no binding legal effect; I think that I said so and emphasised that in my remarks. I referred to that as part of the exquisite constitutional compromise between parliamentary sovereignty, on the one hand, and the rule of the law, on the other, that is the Human Rights Act’s scheme.

I am delighted that the noble Lord, Lord Murray of Blidworth, knows the scheme so well and is seeking to honour it so well. In fact, when he reads from Sections 4 and 10, he treats them as sacrosanct—something that the Government do not generally do in relation to the Bill. If it is okay for the Government to disapply reams of the Human Rights Act for the purposes of sending some of the most vulnerable people in our territories to Rwanda, why should his noble friend—the noble Lord, Lord Kirkhope—not be able to improve on the Human Rights Act too, by accelerating the procedure for bringing a declaration to Parliament, rather than to the Government, for consideration?

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I submit that the declaration of incompatibility procedure has worked well: it has served Parliament well. The strength of it is seen by the rarity with which Governments do not act in reflection of such declarations when they are imposed. I do not agree that they do not provide an effective remedy. I think that we are required to bear that in mind when we consider the desirability or necessity of my noble friend’s amendment.

[Baroness Chakrabarti (Lab)]

The noble and learned Lord’s noble friend is just trying to speed up parliamentary consideration after a declaration of incompatibility. As the nature of the noble and learned Lord’s argument throughout the Committee has been about parliamentary sovereignty, not executive diktat—“we do not need the courts”—what would be wrong with the idea that Parliament should be seized of these issues a little quicker than usual?

[Lord Stewart of Dirleton (Con)]

Given how well the declaration of compatibility procedure is working and has worked in the past, there is no reason to innovate on that basis.

As the Minister of State for Illegal Migration set out in the other place, the United Kingdom has a long-standing tradition of ensuring that rights and liberties are protected domestically and that we are fulfilling our international human rights obligations. We remain committed to that position and will ensure that our laws continue to be fit for purpose and work for the people of the United Kingdom.

The noble Lord, Lord Kerr of Kinlochard, raised the matter of refoulement, the sending back of people to dangerous places from whence they came. I refer again to the debate of Monday night about the extent of the treaty. Although some of the provisions in the Bill are novel, the Government are satisfied that it can be implemented in line with convention rights. We know that people will seek to frustrate their removal from this country, and the Bill prevents the misuse of the courts to that effect. As such, I invite the noble Lord to withdraw his amendment.

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[Lord Purvis of Tweed (LD)]

I am grateful to the noble Lord and, to some extent, I agree with him. If we have a legal migration system that has been a catastrophic failure, and the Government then seem to wish to scapegoat those fleeing conflict or danger to claim asylum here, I am not surprised that this dominates the debate. But the Government should not look at us when it comes to that situation.

I found it interesting that, when I asked the noble Lord, Lord Green, who supports this Bill, what impact it would have on that point with regards to the backlog—the Wembley Stadium—he gave me an honest answer and said that he did not know. I think he said that the Government do not know; I think he said no one knows. Yet we have paid nearly £400 million not to know. It is the most expensive question never to be answered in the history of the Treasury.

It will get worse, and Amendment 74 therefore tries to get a bit more detail about this. The noble Lord, Lord Coaker, is absolutely right. The Permanent Secretary did not seek ministerial direction simply, as the Minister alluded to before, because there was maybe a question around this, because it is novel. The Permanent Secretary is the accounting officer; it is his duty to say whether a policy would be value for money for the British taxpayer. He was unable to do that, so he asked to be overruled by the Minister. What was quite extraordinary was that, as we now know from his submission in December, part of the ministerial direction was not to tell Parliament of an extra £100 million that was given as a second tranche under this scheme—another large swathe of funding.

We were told by the noble Lord, Lord Murray, during the passage of what became the Illegal Migration Act, that the costs of the scheme were dependent on a per-person basis. That was correct, but we now know that it was not the full answer. Part of the scheme will be on a per-person basis, but the £100 million was a credit line to the Government of Rwanda. So I would like the Minister, when he responds to this debate, to be quite clear and to tell us what that credit line is being used for. We do not know and, if the court of Parliament is to make a judgment, we need a bit more evidence.

The Hope hostel, which is the receiving centre for the people who are due to be relocated, is a private business. It is operated on a private sector contract and the Government say that they will not release information about what we are paying for because it is a Rwandan private sector contract. The Minister said to me in his letter that the Home Office cannot divulge information about the contracts that other countries have made—but we have paid for it. Not only have we paid for it, we will be paying for it. So I would be grateful if the Minister could tell us if there will be another tranche of funding for the Hope hostel in the next financial year, because it is on an annual rolling contract.

This issue also comes down to the fact that that centre can accommodate 200 people, with a typical processing time of a fortnight, I was told. So that will be a maximum of about 5,000 people a year, unless there are Hope hostels 2, 3 and 4 that we will be paying for. We do not know yet. If that is the case and we look at the Wembley Stadium backlog of at least 90,000 people, at 5,000 people a year it is going to take nearly 20 years to clear it.

So far, it has cost just shy of £400 million. What if it is on a per-person basis? That is where the noble Lord, Lord Murray, was absolutely right because, after we pleaded for the impact assessment of the Illegal Migration Bill, he gave that to us and we were duly grateful. It shows that per-person relocation will cost £169,000, on Home Office estimates. I remind the Committee that that is £63,000 more than processing someone and them staying here in the UK. It is 60 grand per person more expensive to the British taxpayer to relocate them in a scheme that is going to take 20 years and has already cost us nearly half a billion pounds.

If it will be 5,000 people a year, what are we looking at if we times that by £169,000? In one year, that will be just shy of £1 billion for two flights. That is fine if this is about the headlines and the Prime Minister saying, “I’ve got the planes taking off”. It is not fine for the British taxpayer. It is equally not fine if the whole purpose of this was to be a deterrent, because the noble Lord, Lord Green, is correct in one respect: if you are clearing the backlog, you want fewer people to come in the first place. That would require a deterrent rate of 100%. The Government’s best estimate, on a medium-term basis, is that there will likely be a break-even point with a deterrent effect of 50%. That is in the impact assessment. So the Home Office itself is estimating that this whole deterrence scheme is just going to halve the number of boats.

We already know that that does not matter, of course, because the Prime Minister announced in the new year that the deterrent effect was working. But we know that it is not, so I would be grateful if the Minister could outline what has been spent within MEDP—the migration and economic development partnership—in a scheme-by-scheme, line-by-line and project-by-project statement. If the scheme came under official development assistance, it would have to be put down under the DevTracker. But it is not under the DevTracker system of transparency at the FCO: it is from the Home Office, so I would like to see the equivalent of that published and the Minister to state whether the rolling contract is to be paid for another year, going forward. I would be very grateful if the Minister could say, at the end of year 1 of this scheme being in operation—just year 1, I am not going to be too ambitious—what the deterrent effect, the total cost and the per-person cost will be. Ultimately, if we are talking about a Budget coming up, surely we should be straight with the British taxpayer.

[Baroness Chakrabarti (Lab)]

My Lords, I will introduce my Amendments 81 and 82 in this group, which I have the privilege of sharing with the noble Viscount, Lord Hailsham. I remind the Committee that the Government concede that this policy is novel and might even concede that it is controversial. There are grave concerns about whether Rwanda is currently safe and further concerns, raised eloquently earlier today, that even if it becomes safe at some point—for example, as a result of the successful implementation of the treaty—it may not be safe for ever.

Throughout these debates, the Government have relied heavily on the principle of parliamentary sovereignty—not executive sovereignty. That is why Amendment 81, which I share with the noble Viscount, Lord Hailsham, and which is supported by the noble Baroness, Lady Bennett of Manor Castle, makes commencement a matter for the Secretary of State but to be approved by the Joint Committee on Human Rights and both Houses of Parliament by way of resolution. It is hence not executive fiat. Currently, Clause 9(1) says:

“This Act comes into force on the day on which the Rwanda Treaty enters into force”.


Treaty ratification is for the most part a matter for the Executive, but if we are to be the high court of Parliament and oust the jurisdiction of the ordinary courts of the land, parliamentary sovereignty at the very least requires parliamentary commencement. I leave to the noble Viscount, Lord Hailsham, Amendment 82 on his system of rolling sunsets.

[Viscount Hailsham (Con)]

I am most grateful to the noble Baroness and entirely agree with what she has said on Amendment 81. My amendment is an additional concept. The concern has become apparent in Committee that, if Rwanda can become safe, it may also cease to be safe. It is important that we should have in place a mechanism for determining if it becomes unsafe, so that the provisions in the Bill cease to operate. That is what my Amendment 82 seeks to do.

I have called it rolling sunsets, but this is what I have in mind: the amendment from the noble Baroness triggers the implementation of the Bill for a period of two years, in the circumstances that she set out, and at the expiration of that period, if the Government want another two years or any other period, they must get an affirmative resolution of both Houses. Before they can get that, the procedure outlined by the noble Baroness must be complied with, including a report from the Joint Committee as to safety. If they want to roll it on for a third period of two years and so on, each time Parliament would be given the opportunity of receiving a report and triggering the extension of the Bill. In that way, rolling assessments of safety could be provided.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

I am sorry; that is totally different, because the courts—I will give way to the noble Baroness.

[Baroness Chakrabarti (Lab)]

I think we have got to the heart of this. I am concerned about the time, not just for Members of the Committee but for the staff, just before the one-day half-term. I think perhaps the noble Lord opposite is indicating the difference he sees between, for example, property rights and humanitarian rights to refugee protection, which have been rights recognised in this country for a very long time.

[Lord Wolfson of Tredegar (Con)]

Of course they are rights that have been recognised for a very long time, but that was not the point being put to me, as I understood it. On the property point, if you have property, you have a vested right in property. The court is declaring that you always have that right. First, you do not have a vested right in asylum; it is not a right vested into you. Secondly, the Bill does not take away a vested right you have. You still have the right of asylum.

I think the noble Viscount is saying that it changes it. The question was of retrospective legislation, which is a fundamental point raised by the noble and learned Lord. The question is whether this is retrospective legislation. For the reasons I have set out, I submit that it plainly is not. I apprehend that we will come back to this. I do see the time. Unless there are any other interventions, I will pause there.