Safety of Rwanda (Asylum and Immigration) Bill

Baroness Hamwee Excerpts

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Carlile of Berriew (CB)]

That may not be the reason why it has been so drafted, but it is my interpretation of one of the consequences of that drafting.

The point I am making is that that construct, whereby a Minister of the Crown is a private person only for the purposes of that clause, seeks to exclude Parliament’s oversight of the actions of that person. At least Amendment 67 makes a respectable attempt to ensure that parliamentarians in both Houses can review the potential operation of certain issues under this Bill.

The noble Lord, Lord Coaker, raised the issue of numbers—very well, if I may say so. The leader of the Opposition, who was a young barrister in my chambers at one time and was noted for his determination and accuracy, told the nation that about 100 people would go to Rwanda. Others have suggested a figure of about 200. Would the Minister be kind enough to confirm the actual number of places that exist in Rwanda for people who would be sent there under this Bill? I believe it to be certainly less than 200, but that is based only on attempting to find out the figures through various articles I have read online. If we are really talking about fewer than 200 people, then what is all this about, and why is Parliament not to be allowed to draw the country’s attention to the fact that this is really a pig in a poke—a political construct designed to deceive people into believing that it will stop the boats—and take appropriate parliamentary steps? That is not what will stop the boats.

[Baroness Hamwee (LD)]

My Lords, the poke is very difficult to interrogate. One of the provisions of the treaty is about reception arrangements and accommodation, which goes to the point that the noble Lord has just made. I hope that the Minister will agree with our Amendment 76A, which is about transparency and the workings of the treaty. It is only through the joint committee that we could have any hope of understanding the day-to-day implementation of the treaty. It is only if we have something like Amendment 76A—we are not wedded to the particular drafting of it—that we will be able to understand. We need a reporting mechanism to Parliament in order to scrutinise, which is one of the major reasons that we are here, what actually happens—if it ever does happen.

[Baroness Lawlor (Con)]

My Lords, are we not in danger of simply adding to the bureaucracy of the Bill by demanding an extra measure of reporting or an extra way of scrutinising? We have Questions four days a week, we have Questions for Short Debate. There is hardly a debate I have been in that did not end with a noble Lord’s question to a Minister about one matter or another, seeking precise information.

[Baroness Hamwee (LD)]

My Lords, it is certainly the case that we ask for a lot of information, but if there is no obligation on the Government to provide the information, where do we go from there?

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

My Lords, I thank all noble Lords who have spoken in this relatively short debate. Just for the record, I point out that my noble friend Lord Hailsham extended the courtesy of letting me know that he would be unavailable today, which I appreciate.

This legislation builds on the Illegal Migration Act 2023, the Nationality and Borders Act 2022, and other immigration Acts. It does not seek to replicate the provisions of the Illegal Migration Act for other case types. It is limited to the issue of the safety of Rwanda and makes some consequential changes to give proper effect to the presumption that Rwanda is a safe country.

The Government are considering plans for delivery of the provisions of the Illegal Migration Act in light of the Supreme Court judgment. Provisions in the Illegal Migration Act to support removal of people to Rwanda whose asylum and human rights claims are inadmissible will be commenced after Parliament has given its view on the safety of Rwanda.

As drafted, Amendment 67, tabled by the noble Lord, Lord Coaker, asks for information normally used only for internal government planning. This is not information that is normally shared since it is not Parliament’s role to examine the details of internal operational planning, nor is it necessary to meet the Government’s primary objective of ensuring that flights can relocate people to Rwanda.

However, I can confirm that, where claims are declared inadmissible for those who are subject to the duty to remove, the Government will provide support and accommodation in line with Section 9 of the Illegal Migration Act. Furthermore, in response to both Amendments 66 and 67, once the partnership is operationalised and flights commence, as soon as practicable following Royal Assent, removal data will be published online in the usual manner as part of the quarterly immigration statistics.

With regard to reporting on the current location and immigration status of any individuals relocated under the Rwanda treaty, it would be wholly inappropriate for the Government to report on personal data pertaining to the locations of relocated individuals in this manner. We believe that is also unnecessary. As we have set out, the treaty provides that no one relocated will be removed from Rwanda except, in very limited circumstances, to the UK. We have also been clear that anyone relocated who wishes to leave Rwanda voluntarily is free to do so.

The UK and Rwanda will co-operate to ensure that removal contrary to this obligation does not occur, which may include systems for monitoring the locations of relocated individuals. However, this would be with their express consent only and would, of course, not be for wider sharing or publication. This is in addition to the robust monitoring mechanisms already in place via the monitoring committee to ensure the effective operation of the partnership in practice and the well-being of those relocated, the findings of which will be reported in line with the agreed procedures set out in the monitoring committee terms of reference and enhanced monitoring plan, which, as set out earlier in this debate, are published online.

I turn to Amendment 76A, tabled by the noble Lord, Lord Purvis. The terms of reference set out clearly that during the period of enhanced monitoring, the monitoring committee will report to the joint committee, which is made up of both UK and Rwandan officials. This is set out in Article 15(4)(b), in accordance with an agreed action plan, which will include weekly and bi-weekly reporting, as required. As per Article 15(4)(c) of the treaty, the monitoring committee will make any recommendations to the joint committee which it sees fit to do. The monitoring committee will otherwise produce a formal written report for the joint committee on a quarterly basis over the first two years of the partnership, setting out its findings and making any recommendations.

Following notification to the joint committee, the monitoring committee may publish reports on its findings as it sees fit. At least once a year, it will produce a summary report for publication. I have set out that the treaty includes enhanced provisions to provide real-time independent scrutiny of Rwanda’s asylum procedures aimed at preventing the risk of mistreatment contrary to Article 3 of the ECHR before it has the chance to occur. This addresses the findings in the Supreme Court proceedings that under the previous arrangements, as set out in the memorandum of understanding, the work of the monitoring committee would necessarily be retrospective. The treaty further provides at Article 15(9) for the monitoring committee to develop a complaints system that can be used by relocated individuals to lodge confidential complaints regarding alleged failure to comply with the obligations agreed, and that the monitoring committee will investigate all such complaints received directly during the enhanced three-month monitoring period.

Since the partnership was announced, UK officials have worked closely with the Government of Rwanda to ensure that individuals relocated under the agreement will be safe and that their rights will be protected. For example, the treaty sets out at paragraph 3 of Part 2 of Annex B a new process for Rwanda’s first instance body, responsible for making decisions on claims for refugee or humanitarian protection status at first instance. These changes, which will require the introduction of a new domestic asylum law, will move Rwanda’s asylum system to a caseworker model and address the Supreme Court’s conclusions as to the system’s capacity.

The UK Government have already worked with Government of Rwanda to build the capacity of their current asylum system. This work has included agreeing detailed standard operating procedures, reviews of contracts for services the Government of Rwanda have procured—for example, with accommodation facilities and medical insurance companies—and new or revised training programmes. The Home Office has also conducted ground visits, detailed guidance reviews, table-top exercises and walk-throughs to map out the end-to-end process of this partnership and better identify prospective areas for strengthening. This is in addition to ongoing training and capacity building for Rwandan officials within the refugee status determination process. Home Office officials are working on a daily basis with the officials in Rwanda to deliver this partnership.

I do have an answer for the noble and learned Lord, Lord Falconer, as to how the joint committee can report to Parliament. It is not the answer that he will want, but it is all I can say at the moment. The joint committee is due to meet this week, when discussions on treaty implementation will continue. Senior Home Office officials will be in attendance, and I hope to have more to say on this before we get to Report.