Safety of Rwanda (Asylum and Immigration) Bill

David Jones Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

Oh, thank you, Mr Deputy Speaker. I am sorry; I could not hear you with all the excitement.

Unusually, the aim of this Bill is set out in clause 1, which is

“to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes”.

That is an aim with which I am sure not a single hon. Member could disagree. Illegal migration is possibly one of the greatest scourges of our age. It is evil, it is internationally organised and it is socially and economically damaging to this country. The Rwanda scheme is an inventive and innovative plan. It establishes, or aims to establish, an effective deterrent to illegal migrants—to make them think twice about making that perilous crossing across the channel. Unfortunately, it foundered on the rocks of the Supreme Court last month, when the Court held that Rwanda could not be considered a safe country, because there were substantial grounds to believe that migrants would face the risk of refoulement, or of being transferred to their country of origin or a third country. The treaty that the Government have concluded does provide reassurance in that regard. It addresses the problem identified by the Court by making specific provision that no relocated individual may be removed from Rwanda other than to the United Kingdom.

Given the dualist nature of our constitution, the treaty needs to be complemented by domestic legislation, and this Bill is that legislation. It is critical that the Bill should function as the Government intend, which is to facilitate the removal of illegal migrants to Rwanda without legal impediment. The question is: does it do so effectively? The Bill has been described as

“the toughest piece of…migration legislation ever put forward by a UK Government”,

and there is no doubt that it does toughen the current regime. However, it is debatable whether it is sufficiently watertight to amount to a significant deterrent to the boats by facilitating the flights to Rwanda.

The Bill has been considered by the legal panel of the European Research Group, and I commend its report to hon. Members. It notes that significant amendments to the Bill are required to improve it, but it expresses concern that those amendments may well be outside the scope of the Bill. One of the most significant problems is that the Bill contains no restrictions on legal challenges against removal to Rwanda on any grounds other than that Rwanda is not a safe country, and that clearly reflects the fact that the Bill is a direct response to the judgment of the Supreme Court last month. If the Bill does successfully block challenges based on arguments that Rwanda is not safe—the treaty certainly helps in that regard—it is likely that those advising illegal migrants will focus more on pursuing challenges of another kind.

We should consider clause 4, which specifically provides that legal challenges to removal may be made if arguments are put forward that Rwanda is not a safe country for individual migrants based on compelling evidence relating to their personal circumstances. The opportunities for the abuse of that provision are obvious. Migrants may well be advised by people smugglers or by unscrupulous lawyers, because there are some, that they should oppose removal to Rwanda on spurious grounds such as a non-existent mental health condition, a fear of flying or whatever. Given that as many as 500 illegal migrants, at the height of the summer, arrive on these shores every day—

[Robert Jenrick]

Twelve hundred.

[Mr Jones]

I stand corrected by someone who knows about it. In that case, it is not difficult to envisage a situation in which tribunals and courts may be overwhelmed. I believe that this Bill requires amendment, and I am inviting my hon. and learned Friend the Minister to say, when he winds up this evening, that the Government are open to amendments. I hear what my hon. Friend the Member for Stone (Sir William Cash) has to say about scope, but I want the Minister to engage with colleagues to see if this Bill may be made better.

At the moment, numerous deficiencies have been identified in the report of the so-called star chamber which I believe will render this Bill inoperable and ineffective. The last thing we want to do as a House is expend a lot of time and a lot of agony to put in place a Bill that does not result in the flights to Rwanda and the deterrence that we need to illegal migrants. I hope that my hon. and learned Friend will respond positively to the suggestion when he winds up. I know that a lot of colleagues will listen carefully to what he has to say, and I think they will welcome what may well be regarded as a change of tone on the part of the Government.

UK-Rwanda Partnership

David Jones Excerpts

Wednesday 6th December 2023 Commons Chamber

[James Cleverly]

Obviously, my plan is to make this work.

[Mr David Jones (Clwyd West) (Con)]

My right hon. Friend is to be congratulated on his commendable efforts to address a problem that is a major source of concern to all our constituents by concluding the treaty with Rwanda and publishing the Bill today. The Bill, as he will anticipate, will be closely scrutinised by colleagues, and I am sure he will be happy to answer questions, but could he assist me with one point? Clause 4(1)(b) specifically allows a court to consider an appeal

“on the grounds that…Rwanda is not a safe country for the person in question”,

based on that individual’s particular circumstances. Can my right hon. Friend say why that clause was inserted in the Bill, and can he assure the House that it does not in any sense frustrate the Bill’s intent?

[James Cleverly]

I can give my right hon. Friend the reassurance that we do not envisage that this will frustrate the Bill’s intent. It is important that claimants do have recourse, if only for factual errors. We are absolutely confident that the numerous measures that Rwanda has taken mean that it is in fact a safe country for the purposes of asylum, because of the capacity building that we and others have done with its judicial system and because of its treaty commitment on non-refoulement. Therefore, we are absolutely confident that this will go forward, but it is of course right that there have to be mechanisms for individual cases.

Illegal Immigration

David Jones Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

The right hon. Gentleman tempts me to refer back to my previous role as Foreign Secretary. I can assure him and the House that a huge part of the work that is done by the Foreign, Commonwealth and Development Office is on exactly those issues: addressing climate change so that rural farmers in the developing world have crops that they can grow, sell and eat, and reducing the risk of conflict and persecution. We are addressing those drivers, but I have to say to the right hon. Gentleman that the idea that we can somehow uninvent illegal migration is naive beyond belief. We also have to address the fact that people are abused by criminals: they are used as a product to smuggle, and we have to break the business model of the people smugglers, as well as address the issues that drive people away from the countries from which they originate.

[Mr David Jones (Clwyd West) (Con)]

I add my voice to the general welcome to my right hon. Friend. He has told the House that his Department had anticipated the decision of the Supreme Court that was announced today. That being the case, can he tell the House whether he has made an assessment of whether legislation will be necessary to remedy the problems that have been identified? If so, when does he anticipate being in a position to introduce that legislation?

[James Cleverly]

I can assure my right hon. Friend that as a thoughtful and proactive Department, the Home Office looked seriously at the range of potential outcomes from the judgment. I cannot claim credit for that work, because much of it was done before my arrival. We have already set in place the work to turn the memorandum of understanding into a treaty, thereby addressing some of the concerns of their lordships, and the Prime Minister and I have both made it clear that if there needs to be domestic legislative work to ensure that we resolve this, we are unafraid of putting legislation forward.

Illegal Migration Update

David Jones Excerpts

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

I am grateful to my hon. Friend for the co-operation that we have had over the summer. I appreciate his position with respect to the barge, although we believe it is important that we move away from expensive hotels to more rudimentary forms of accommodation such as barges. It was very unfortunate that migrants had to be moved off the barge over the summer. We deeply regret that. We did take a very precautionary approach. Tests have subsequently been carried out and the definitive answers to those tests will be received very shortly. Assuming that they show no signs of legionella, or indeed any other bacteria or cause of concern, we will move people back on to the boat as soon as possible and I think we can expect that within weeks.

[Mr David Jones (Clwyd West) (Con)]

Further to the point made by my hon. Friend the Member for Stone (Sir William Cash), the European convention on human rights was negotiated some 70 years ago, long before international criminal gangs engaged in trafficking people across Europe and, indeed, more widely. Does not my right hon. Friend agree that now is the time for the Government to make an approach to the Council of Europe with a view to renegotiating the terms of the European convention, because clearly it is not protecting our borders or those of many other countries across Europe?

[Robert Jenrick]

My right hon. Friend is correct to say that the framework of international treaties, many of which were forged in the years after the second world war, now appear out of date given the challenges that we face today, and that is a sentiment shared by other European countries we have been working closely with. We have sought to put illegal migration and reform of the international framework on the table for all of the international fora that the Prime Minister, the Home Secretary or I are represented at, and we will seek to make the UK a leading force in reform on that issue. Other countries are looking intently at the work we are doing, particularly the Rwanda partnership and, once we are able to establish it, I think it is very likely that other countries will follow suit.

Illegal Migration Bill

David Jones Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. There are 14 people trying to catch my eye. The last two speakers spoke for 22 minutes and 19 minutes. If everybody contributes that far, not everybody will get in—it is up to you.

[Mr David Jones (Clwyd West) (Con)]

I am pleased to follow the hon. Member for Walthamstow (Stella Creasy). I have heard your strictures, Mr Evans, and I shall try to be as brief as I possibly can. I rise to speak in support of the amendments to which I am a signatory, and I will focus in particular on amendment 131, which has been the subject of so much of the debate this evening.

Illegal migration is a severe problem, and one that is causing increasing concern to constituents of most, if not all, hon. Members. Speaking from my own experience as the Member of Parliament for a semi-rural constituency in north Wales, many hundreds of miles away from the channel beaches, I can say that I receive more correspondence about this issue than virtually any other national issue. Over the years, the people of this country have shown themselves to be generous and welcoming to those who are genuinely in peril—that is borne out by the warmth of the welcome they have given in recent years to Ukrainians fleeing from Putin’s aggression, and to Hongkongers escaping China’s anti-democratic oppression. Equally, however, they are incensed by the rapidly rising influx of illegal migrants, who are themselves the pitiful currency of the loathsome trade of people smuggling. As such, the Prime Minister is quite right to make plain that stopping the small boats is at the top of his list of priorities, and this Bill is therefore highly welcome.

The Government have taken a robust approach to the problem, and that robustness will be highly welcomed by the people of this country, whose patience has been tried too, and beyond breaking point. There is a concern, however, that the Government’s perfectly proper aim of breaking the business model of the people smugglers might be frustrated by the human rights legislation that is routinely and, frankly, cynically abused by those who wish to degrade this country’s ability to defend its own borders and territorial integrity. In clause 1(5) the Government recognise that concern. That provision excludes the operation of section 3 of the Human Rights Act 1998, which provides that so far as is possible, legislation must be read and given effect in a way that is compatible with the European convention on human rights.

Excluding section 3 is itself a bold step for which the Government are to be commended, but given the severity of the problem, as Professor Richard Ekins and Sir Stephen Laws have pointed out, it remains debatable whether clause 1(5) alone will be sufficient to safeguard the Bill’s measures against cynical procedural attacks via the European Court of Human Rights. It is for such purpose that amendments 131, 132 and 133 are framed. Anyone doubting the need for such amendments should consider the case of N.S.K. v. United Kingdom, which has been referred to by my hon. Friend the Member for Devizes (Danny Kruger). To repeat, in that case a duty judge of the European Court of Human Rights made an order, on 13 June last year, granting an application for a rule 39 measure preventing the removal of an asylum seeker to Rwanda.

That order was made ex parte, without any opportunity for the UK Government to argue against it. Furthermore, the order was made after both the High Court and the Court of Appeal had rejected applications for interim relief. The Supreme Court in fact went on to refuse an application for leave to appeal. Remarkably, however, the rule 39 order was made the day before the Supreme Court announced its refusal, apparently contrary to the rule that domestic proceedings must be exhausted before applications to the European Court will be entertained. The position therefore is that the most senior judges in the land had considered the merits of the applicant’s case and found against it, yet a European judge made an order frustrating the removal of the applicant without considering the merits of the Government’s case and apparently contrary to the European Court’s own rules.

Interim measures are not strictly legally binding, but the European Court’s own jurisprudence, as has already been pointed out, asserts that any failure to comply with them amounts to a contravention of article 34, by hindering an applicant’s right to apply to the Court alleging a breach of the convention. The possibility—arguably, the probability—is that domestic British courts will feel constrained to act in compliance with interim measures and, indeed, to follow other judgments of the European Court, and that alone could prove fatal to the aims of the Bill. I do not believe that the Government or this House should allow that to happen.

Appropriate further safeguards should be introduced to the Bill to ensure its effectiveness, and it is for that purpose that amendment 131 was tabled. It would ensure that the legitimate and proper aim of the Government to protect our national borders is not frustrated. Put simply, the people of this country will not thank us if the Bill does not work, and there is a distinct danger, if the European Court is allowed, that that is precisely what will happen.

I believe that amendment 131 is absolutely necessary, and for similar reasons I support the other amendments to which I have put my name. It has already been pointed out that those amendments will not be pressed to a vote, but I very much hope that my right hon. Friend the Member for Newark (Robert Jenrick), when he winds up, will confirm that he will engage in dialogue with those of us who are concerned about the absence of those amendments and seek a way forward that will ensure that the Bill will work, which is what every hon. Member of this House should want.

[Olivia Blake (Sheffield, Hallam) (Lab)]

It is a pleasure to speak in this debate. I direct the House to my entry in the Register of Members’ Financial Interests, as I receive help from the Refugee, Asylum and Migration Policy project for my work in this area. I also co-chair the all-party parliamentary group on migration, so I have spent a long time thinking about these issues. I have taken a long look at our history, and it is interesting to hear us talk about Winston Churchill. I doubt that Government Members know that he crossed the Floor on the issue in 1904 to oppose the Aliens Act 1905 and lead a rebellion against it. He was quoted at the time talking about

“the old tolerant and generous practice of free entry…to which this country has so long adhered”.

Just to add some more spice to the discussion about the history of this place and our role within migration policy, it is important to recognise that.

I rise to speak specifically to my new clause 10, which I am pleased to say enjoys a wide range of cross-party support. I thank all Members who have engaged with me on this amendment. It is meant to be a serious contribution to the debate about the humanitarian crisis in the channel. However, I worry that that seriousness is not shared by everyone in this Chamber.

Since arriving in Parliament in 2019, I have tried not to become too jaded or too cynical, but I must admit that at times it has been difficult. Today, debating this Bill, is one of those times, because we have repeatedly been told that these proposals are about stopping the boats. The Prime Minister even had it printed on his lectern. To be clear, it is a moral outrage that people need to get in a blow-up boat, risking life and limb, to exercise their rights under the refugee convention to claim asylum here. We need a solution to this humanitarian crisis in the channel, but that is not what the Bill offers. Instead, it doubles down on the same failed hostile environment framework that has characterised the Government’s approach to asylum and migration. It is simply not working.

Since 2018, 56 people have tragically drowned in the channel—brothers, sisters, uncles, aunts and cousins to many families already in the UK—yet the number of dangerous crossings has risen, even after the Government’s Rwanda policy was announced, and that announcement in itself was deemed to be a deterrent. The Nationality and Borders Act 2022 has become law and people continue to make these journeys.

I am proud that my city, Sheffield, calls itself a city of sanctuary. The people I meet who support refugee rights often quote the lines of a poem called “Home”, by the Somali-British writer Warsan Shire:

“no one puts their children in a boat

unless the water is safer than the land”,

and,

“no one leaves home unless

home is the mouth of a shark.”

Those lines are important, because they explain why people attempt these crossings.

We have heard a lot of talk about families today. I regularly engage with and talk to asylum seekers and refugees in the system, whose family members are being persecuted because of them leaving the country. They have brothers who have been arrested by the police on spurious grounds, or their parents have sadly been murdered as a result of their identity. We really must shine a light on how the Government’s strategy is doomed to fail and, perhaps more importantly, why the success of that strategy would be a horror. The only way that the deterrence framework can work is if the hostile environment it creates is worse than what people are running from.

That is why I feel jaded. I do not think this is really about stopping the crossings and saving lives. These proposals are not about how people come here to claim asylum; they are about stopping people from claiming asylum at all. This is not about fairness. It is about populist electoral politics, throwing red meat to a section of hard-line, anti-refugee opinion. What better example is there than the cruelty of stripping away the modern slavery provisions of asylum seekers who have survived human trafficking? This legislation, as it stands, would persecute the persecuted and criminalise the victims of crime.

To be frank, I suspect there are some of the Conservative side of the House who think it is a good thing that the Bill violates the UN conventions on international human rights law. The Government’s credibility is so shredded that they believe the only route to future electoral success is to wage a culture war, gleefully reciting pre-rehearsed lines about lefty lawyers, while the situation of some of the most vulnerable people in the world gets worse and worse.

However, the Government could prove me wrong, and I give them that opportunity. A start would be supporting and looking into the proposals of new clause 10, which builds on the proposals of the PCS union and Care4Calais, two organisations working at the frontline of the crisis. It offers a practical solution to a humanitarian crisis in the channel by creating a safe passage visa. The visa would give entry clearance to those already in Europe who wish to come to the UK to make an asylum claim.

Illegal Migration Bill

David Jones Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

I hope that the hon. Gentleman, on closer inspection of the Bill, will see what we have put forward. We will dramatically reduce the avenues and options for legal challenge, which are often used to thwart removal. It is important that we do that—within the law—to ensure that our operations can be delivered effectively.

[Mr David Jones (Clwyd West) (Con)]

I congratulate my right hon. and learned Friend on the introduction of this legislation. She has made it clear that she intends to secure that the only route to asylum in the UK is a safe and legal route with an annual cap on the number of refugees. That is the correct and humane approach. Does she agree that those who advocate another approach are doing no favours to the migrants or indeed to their own constituents?

[Suella Braverman]

My right hon. Friend is absolutely right. Having safe and legal routes, capped and legitimised through a decision by Parliament, is the right way to support people seeking refuge in this country—not perpetuating an evil trade in people smuggling.

HM Passport Office Backlogs

David Jones Excerpts

Wednesday 27th April 2022 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

My constituent, Mr Neil Jones, made an application for a passport at the end of February for his holiday, for which he is due to depart at the end of May. He sent his passport by ordinary pre-paid post—not by recorded delivery, unfortunately—and he was told by the Passport Office that it had never arrived. He then made a further application with a lost passport form, which has not been dealt with. He finds it almost impossible to speak to any representatives of the Passport Office, and he is under considerable stress as a consequence.

My hon. Friend says that the Passport Office is doing its best and that he recognises the difficulties, but I heard this morning that the Prime Minister has threatened the Passport Office with privatisation. May I suggest to my hon. Friend that he should not shy away from that? If the work can be done more efficiently by the private sector, for goodness’ sake, enlist the private sector.

[Kevin Foster]

Just to be clear, a range of private contractors are already involved in the passport process. The bit that is not undertaken by a private contractor is the decision itself. The customer advice line is run by Teleperformance, a private company. As I have already described, its performance is unacceptable and we are engaged with it.

There is already quite extensive use of the private sector in the process. To be fair, Thales and others have stepped up in the record output that we now require, which is far beyond what would have been expected in a month two or three years ago. The private sector is already being used in the vast majority of the processes in the Passport Office.

Global Migration Challenge

David Jones Excerpts

Tuesday 19th April 2022 Commons Chamber

[Priti Patel]

First of all, the hon. Gentleman is absolutely wrong. As for the costs of removing individuals, for the record, it is worth reflecting upon the number of Opposition Members who frequently write to me to stop the removal of individuals with no legal basis to be in the country when we are chartering planes to remove failed asylum seekers and foreign national offenders. Those costs are marginal compared with the long-term cost of housing people with no legal basis to be in this country and the wider cost to society, through our public services, healthcare, and housing and wider accommodation.

[Mr David Jones (Clwyd West) (Con)]

May I commend my right hon. Friend on the proposals she has announced today, which offer the real prospect of breaking the business model of the people smugglers? Is it not the case that if anyone should be coming in for criticism, whether from this side of the Thames or the other, it should be those who are plying that disgusting trade and not those who are seeking to disrupt it?

[Priti Patel]

My right hon. Friend is absolutely right, and this should be a moment of reflection for all colleagues, when it comes to those who thwart the removal of those with no legal basis to be in the country, on the cost to the public purse and hard-pressed British taxpayers of not removing those individuals from the country in the first place.

Nationality and Borders Bill

David Jones Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Tom Pursglove]

I thank hon. Members for their contributions to the debate and for the way in which most of those contributions were expressed. We are dealing with difficult matters, on which Members have strongly and deeply held convictions.

As I have said, it is vital that we do everything in our power to break the business model of evil criminal gangs and reform the broken asylum system. I am conscious of the time constraints, but I will address a number of amendments that have sparked a lot of today’s debate.

Let me start by addressing amendment 150 tabled by my hon. Friend the Member for Stone (Sir William Cash) on removal to safe third countries. My right hon. Friend the Member for Wokingham (John Redwood) also raised that, and I know that my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) has been following it. My right hon. and hon. Friends are absolutely right in the sentiments that they have expressed in the amendment. I thank them for their full support on the policy intention, including on third country processing of asylum applications.

There is a recognition that certain existing laws may prevent the Government from achieving our aim to remove those with no legal basis to remain in the country. The legal barriers associated with the removal of failed asylum seekers and foreign national offenders are well known. That is why there is work under way across the Government to look at the further legal barriers to removal.

I therefore reassure my right hon. and hon. Friends, and colleagues more widely, that there are no insurmountable domestic legal barriers to transferring eligible individuals overseas under an asylum processing arrangement. Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 allows the Secretary of State to remove an individual with a pending asylum claim from the UK to a safe third state if a relevant certificate is issued. The Bill amends section 77 of the Nationality, Immigration and Asylum Act 2002 to make it easier to remove someone to a safe third country without having to issue a certificate.

Obviously, the Bill complies fully with our international obligations, but the Home Secretary fully agrees with the sentiment that is expressed through amendment 150 about the challenges that frustrate the will of the British people in terms of our ability to remove people with no right to be in the UK. I can therefore confirm that the Government have imminent plans to consult on substantial reform of the Human Rights Act, which will be announced imminently in Parliament.

The Home Secretary also recognises my right hon. and hon. Friends’ concerns about aspects of the ECHR and other international agreements. I can therefore confirm that we are committed to reviewing and resolving these issues with the urgency that the situation warrants.

[Mr David Jones (Clwyd West) (Con)]

I am listening carefully to my hon. Friend. He says that the Government are committed to resolving these difficulties. Can he confirm that by “resolving” these difficulties, he means that the Government will be legislating so to do?

[Tom Pursglove]

I refer my right hon. Friend back to the point that I have already made. We intend to consult on substantial reform of the Human Rights Act and will set out our plans imminently in that regard.

Work is under way to develop a new phase of measures to ensure that the clauses in the Bill are not undermined and that legal processes cannot be instrumentalised to circumvent the will of the British people. As we have said, the Government have imminent plans to consult on reform to the Human Rights Act, which are under consideration as we speak. Likewise, work is under way in relation to resolving the question of retained EU law.

Public Order

David Jones Excerpts

Monday 8th June 2020 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right. I have made the point repeatedly that the violence dominated what was for the majority a peaceful protest and subverted its very clear message. People were making their voices heard and articulating the injustices they see. There is no place for violence and it should not be tolerated.

[Mr David Jones (Clwyd West) (Con)]

Does my right hon. Friend agree that nobody reasonable could ever conclude that accidents of thuggery by police officers on the streets of Minneapolis could ever justify acts of thuggery against police officers on the streets of London, and will she do everything in her power to ensure that there is no repetition of the events of last weekend?

[Priti Patel]

My right hon. Friend is absolutely right. I have spoken about the violence, disorder and criminality witnessed on the streets of London this weekend. I will continue to work with chief constables and police and crime commissioners across the country, as will my hon. Friend the Minister for Crime and Policing, to make that point again and again. While we support the right to protest, we are in a health emergency. It is right that we protect the public, but it is also right that our police forces uphold the rule of law.