Safety of Rwanda (Asylum and Immigration) Bill

Baroness Meacher Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Baroness Meacher (CB)]

My Lords, we have had many excellent speeches today and I will, therefore, speak briefly. I am sure we all support the purpose of the Bill, to prevent and deter unlawful migration. However, as the noble Viscount, Lord Hailsham, argued so strongly, the Bill will not achieve that objective.

Our UK immigration policy must not involve breaking international law or human rights—this country has a proud history of upholding both, at all times. As a result, the UK has a priceless reputation enabling us to play a key part in seeking to persuade rogue nations to reform their policies in line with their international obligations.

Only when Rwanda is a safe country, and truly safe, and when the UK Parliament has endorsed this position, can people be removed from the UK to Rwanda in compliance with all our obligations under international law. To satisfy the definition of a “safe country”, all the provisions of the treaty with Rwanda must be implemented by Rwanda, including the establishment of a non-refoulement commitment; strengthening the monitoring arrangements; and strengthening Rwanda’s end-to-end asylum process. All these matters must be bedded in.

If this highly questionable policy is to be pursued—and I have picked up fairly strongly that it is highly questionable—the vital need is for the Bill to be delayed until Rwanda has implemented all the provisions of the treaty and those provisions are bedded in. Only then can the Bill legitimately refer to Rwanda as a safe country for immigration purposes. Delay is the role of your Lordships’ House in this situation, together with a request to the Government to think again.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Meacher Excerpts

Committee stage
Monday 12th February 2024 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I will speak briefly in support of the noble Baroness, Lady Chakrabarti. I want to put on record for this Committee that the Bar Council has a real concern about the apparent incompatibility of the European Convention on Human Rights and this Bill. The Supreme Court, as we know, made a decision—in my view, on the basis of facts—that Rwanda is not a safe country. It put forward a whole series of points to support that view. The Bill has not in any way countered any of the points made by the Supreme Court in its judgment. The Bar Council is concerned about that.

The Bar Council is also concerned that the Government are standing down the judges from their role overseeing the work of the Government in operating this Bill. The Bar Council sees this as a clear infringement of the fundamental principles of the rule of law. It seems that, in disapplying in this context the convention on human—

[Lord Murray of Blidworth (Con)]

Is it not right that Clause 4 of the Bill provides exclusively that members of the judiciary will have the opportunity to consider challenges brought of an individual nature in relation to a particular claimant?

[Baroness Meacher (CB)]

My Lords, that may be so, but I think that the point I have made stands—and I think that perhaps I have said enough to point out that the Bar Council has very real concerns about this Bill.

[Baroness Hamwee (LD)]

My Lords, I will speak mainly to Amendments 11 and 12 in the name of my noble friend Lord German. I cannot stop myself saying that it really goes against the grain to do anything that suggests that Liberal Democrats regard the Bill as requiring only some tweaking to be acceptable.

First, I would like to make a general comment about Clause 1. For many years, Governments have opposed amendments setting out the general purpose of a Bill on the basis of such a clause having no effect and being rather confusing. I used to find that understandable, although I signed such amendments; they have tended to be narratives describing hopes, rather than expectations or anything firmer. The noble Baroness, Lady Chakrabarti, has commented on the changing fashion—of such measures being there to make the courts wary of the direction in which they might like to go. This problem applies to Clause 1.

There is a notable omission from the exposition of the Government’s policy—and that is tackling people smuggling, which is abhorrent in itself, not only because of the smugglers’ role in bringing asylum seekers to the UK. The Illegal Migration Act has a similar introductory section. Specifically, Section 1(3) says:

“Accordingly, and so far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1)”.


It is important to be clear about the legal effect of Clause 1. If it is intended that the clause is to be relied on, it needs to be sharpened up—for instance, in the case of terminology such as

“the system for the processing of … claims … is to be improved”,

an objective of the treaty, which is a pretty low bar. But my central point is that we need to be very clear about the legal effect and status of this clause, because there will be little point in amending the clause on Report unless the amendment has an effect, either as a stand-alone or by subsequent reference, such as the Act not coming into force unless a provision in Clause 1 is met. This may seem a rather technical point but, looking ahead, I do not want to be tripped up on it.

Amendment 12—I am aware that it is an amendment to the clause whose effect I have been querying—therefore probes the definition of “safe country”. The Bill refers, in Clause 1(5)(b)(ii), to a person having

“their claim determined and … treated in accordance with that country’s obligations under international law”—

that is, Rwanda’s obligations. The amendment would leave out “that country’s” and insert “the United Kingdom’s”, changing it to being the UK’s “obligations under international law”.

The treaty is predicated on Rwanda being under the same obligations, and as observant of them, as is the UK, so that the transfer to Rwanda, as I understand it, means really only a change of venue. Dr Google did not really help me yesterday in finding what conventions Rwanda has signed up to and, importantly, ratified and observed. But we are proceeding with this on the basis that everything that we would do in this country will apply under the new regime, and I will be interested in the Minister’s comments.

Amendment 11 is related to this. Clause 1(5)(a) also defines a safe country for the purposes of the Bill. It refers to the UK’s obligations

“that are relevant to the treatment in that country of persons who are removed there”.

Surely, all our obligations are relevant to the treatment of persons removed there, not just in that country. So both amendments go to the issue of safety—that is, the Bill’s compatibility with the UK’s human rights obligations, which are the obligations that are crucial as part of this whole regime.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Meacher Excerpts

Report stage
Monday 4th March 2024 Lords Chamber

[Viscount Hailsham (Con)]

This is a different situation. Here we have the expression of opinion by the Supreme Court being displaced by the Government through legislation.

[Baroness Meacher (CB)]

My Lords, I do not think it is relevant to cite France. The fact is that this country has a great reputation for upholding the rule of law and international law, and we play a great part across the world. This Bill is threatening that reputation and that role. France does not have that reputation or role, in my opinion.

[Lord Lilley (Con)]

I am not sure what the noble Baroness’s question to me is, but, as a great Francophile, I am sorry to hear her abuse the French nation in that way.

My noble friend said that this was different because the Supreme Court has expressed an opinion. Amendment 5 says that a purpose of the Bill should be to uphold the rule of law. As I understand it, the rule of law in this country for 1,000 years has meant that laws made and approved by our elected representatives are partially implemented by the courts, and all of us—citizens, public officials, Ministers and police, and even lawyers and bishops—are subject to those laws. If we do not like the law, we can try to persuade our elected representatives to change it. If Parliament feels that the courts have interpreted laws in a way that Parliament did not intend or that is out of line with the values and interests of the public who elect it, Parliament can change the law. That is what we are doing. We have a perfect right to do so as long as Parliament remains sovereign.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Meacher Excerpts

Report stage
Wednesday 6th March 2024 Lords Chamber

[Lord Jackson of Peterborough (Con)]

I am interested that the noble Baroness for the Liberal Democrats is so keen to avoid debate but, for the avoidance of doubt, I have not repeated any points I previously raised.

[Baroness Meacher (CB)]

We do not make Second Reading speeches on Report.

[Lord Jackson of Peterborough (Con)]

I take on board the noble Baroness’s view, but I am not making a Second Reading speech. I am speaking specifically about these amendments.

[Lord Jackson of Peterborough (Con)]

I thank the Whip for that guidance. If I can proceed to conclude my remarks—

[Baroness Meacher (CB)]

No.

[Lord Jackson of Peterborough (Con)]

However much the noble Baroness heckles from a sedentary position, I will not sit down and I will finish my speech. Rule 39 interim measures, as we learned in Committee, were not in any meaningful sense court rulings per se and, more specifically, great British statesmen and jurists such as David Maxwell Fyfe, who has been quoted, and Winston Churchill never signed up to the court taking powers upon itself to make binding injunctions. This is at the very heart of these amendments. Indeed, it was debated and specifically rejected in terms. It is only since 2005, when activist judges were acting in the case of Mamatkulov and Askarov v Turkey, that the court has given itself a power ultra vires to the original convention—an important point enunciated previously by, among others, the noble Lord, Lord Faulks, the noble and learned Lord, Lord Woolf, and my noble friend Lord Sandhurst.

The clause that amendments today seek to strike down, eviscerate and render otiose is not an example of arbitrary power but a specific power for this Bill and a set of unprecedented geopolitical and economic circumstances: mass migration. It is not a blanket disregard but a specific power. In summary, Rule 39 rules were never part of the European convention or constitution and there is no evidence, other than the hyperbole in this Chamber, that the UK not being bound by these interim measures undermines our overall compliance with international law and our international obligations, responsibilities or undertakings. The irony of these amendments is that they lock in the UK to adherence to a regime that even the court itself accepts is suboptimal and needs urgent reform. These amendments offer a carte blanche to a broken system.

The court itself does not work in its efficacy and the power to produce a desired result, with 48% of leading judgments being unaltered and not acted upon in the past 10 years across all 46 members of the convention. We have a failing, politicised, secret and unreformed court that some noble Lords wish to legislate to usurp the sovereignty of our Parliament. For these and other reasons, I ask your Lordships to resist these amendments because they are not only consequential but dangerous.