Safety of Rwanda (Asylum and Immigration) Bill

David Simmonds Excerpts

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

Those are the main points that I wanted to raise today, but, again, I reiterate that a huge amount of political capital and parliamentary time are being spent on this Bill. What we do know, and what the Home Affairs Committee said 18 months ago, is that we still do not have the evidence that this Bill will actually do what the Government think it will do, which is to deter people from getting in small boats and crossing the channel. There is a huge amount of resource going into this, but, as I said at the start, there must be a range of initiatives to deal with illegal migration. There is no one magic policy that the Government can use to stop the problem that we have with small boats. I hope the Minister will take that into account in his closing comments.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

May I start by drawing the Committee’s attention to my entry in the Register of Members’ Financial Interests?

The Ruislip, Northwood and Pinner constituency is a part of north-west London that has been shaped by generations of refugees, starting in the period around the second world war with large members of European Jews fleeing persecution. Successive waves of people have come from across the world, finding refuge and becoming part of our community. Understandably, I have a lot of views to share not just about this Safety of Rwanda (Asylum and Immigration) Bill, but about previous legislation that we have had on the issue of migration.

Although I will focus my contribution on the amendments around the role of the European convention and the European Court of Human Rights, it seems to me that, in a debate which at times has become quite philosophical, there is a wide recognition among our constituents that shared sovereignty is often in practice greater sovereignty. I am a big fan of those fine British philosophers, Hobbes and Locke, who talk about the social contract. It is clear that, when we work closely with our neighbours, we achieve the most effective measures against widespread, illegal and irregular migration flows. We have already seen effective work with the French authorities to tackle the activities of some of the gangs in northern France, which has contributed to bringing down the numbers crossing the channel.

In my contribution, I will attempt to add some further evidence to our deliberations in a way that I hope will help encourage Ministers and to emphasise my support for taking forward the Bill in its unamended form, as I know the Government seek to achieve. When we look at the role of sheer sovereignty, many examples well beyond that of the European Court and the European convention on human rights have a significant bearing on the issue. We look at, for example, the United Nations convention on the law of the sea, which sets out the responsibilities that the United Kingdom and others have in the English channel in respect of refugee boats. That has frustrated the views of past Home Secretaries about how we might specifically tackle that issue, but we have yet to see a great deal of debate in this Chamber about why we should repudiate that convention, despite the fact that the International Maritime Organisation is based just across the river.

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[Dame Diana Johnson]

I am so pleased that we are hearing this very clear explanation of the court and the judges; after what has been said in this debate, it is very refreshing to hear. I thank the hon. Gentleman, who I also think is a lawyer—I do not know if he is a lefty lawyer, but I think he is a lawyer.

[David Simmonds]

I am grateful to the right hon. Lady. I am not a lawyer, but I served as a magistrate in this country. It is always my pleasure to say that I belong to that even more despised race of human beings, the Tory MPs, and that I was formerly a banker.

I think we are right to have some degree of concern in respect of what is said in the Bill and the amendments about the Human Rights Act. This House needs to strike the correct balance. It is a fundamental principle of British justice, which dates back at least as far as the Saxons, that people may not be subject to a penalty unless they have had the opportunity to be brought before a court, a properly composed judicial authority. Therefore, we should be concerned at the idea that in the United Kingdom we would exempt a group of people from access to our law on the basis of the method of their arrival here.

However, we need to balance that against the fact that people are dying in the English channel, drowning in cold water, and gangs are profiting hugely from that, which is fuelling all kinds of other types of crime. To an extent, we are a victim of our previous success in that the improved security in northern France has created and massively exacerbated the problem we face. That, for me, balances up the risk to a loss of human rights: we need to ensure that we have a really effective deterrent in place to address the problem that has arisen from that earlier success.

It is and remains my view, which I expressed in the debates on the then Illegal Migration Bill, that the point at which we will establish full control of our borders is the point at which we add an asylum visa to all the other types of visas we have, so that there is a single safe and legal route, controlled by the British Government and the rules set by this House, and if people arrive on our shores to claim asylum without having gained that permission first, they are automatically ineligible regardless of their method of arrival. That would mirror the process we already have in place for people who want to come here to work, to study, to marry or to invest in the United Kingdom. We still have not yet put in place an effective process and system that would enable us to do that.

It is clearly crucial, as the weather will soon begin to improve, the smugglers will soon be looking to invest in their stock boats and more people’s lives will soon be put at risk, that we keep our eyes on the objective of returning to something more like the Syrian vulnerable persons resettlement scheme, which was described by the UNHCR as a “gold standard” of international refugee resettlement. That is the model on which we based our Afghan resettlement scheme, whatever logistical problems that experienced, and this House has recognised it as the way in which the UK wishes to play a part in refugee resettlement around the world. However, we need to ensure that we deal with the specific problem that arises: small boats in the channel. For all the debates and well-intentioned arguments that we have heard, the Bill, in its unamended form, strikes the best balance available to address that particular problem and ensure that no one else dies en route to seeking asylum here in the United Kingdom. For that reason, I will support the Bill, unamended.

[Alison Thewliss]

It is a pleasure to follow the hon. Member for Ruislip, Northwood and Pinner (David Simmonds). It was refreshing to hear somebody on the Conservative Benches talking up the merits of an asylum visa. That would break the model of the people-smuggling gangs because it would give people a safe and legal route and safety and certainty. Nobody need be exploited by paying over everything that they own to get into a leaky dinghy in the channel if they could come here for safety and sanctuary by travelling as any of us would travel.

I understand from others in the Committee that Conservative Members are quite keen to wind up the debate early tonight because they are going to a Burns supper. I am not sure whether that is true, but it is certainly a rumour that I heard earlier. It made me think of some of the things that Robert Burns—I am a big fan of our national bard—might have to say to the Conservative party about the way in which it conducts its business. Let me start with:

“Man’s inhumanity to man,

Makes countless thousands mourn.”

I commend to the Committee the amendments tabled in my name, as well as those tabled by my hon. Friend the Member for Glasgow North (Patrick Grady) and my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry). I will first address clause 3 on the disapplication of the Human Rights Act 1998. That Act was landmark legislation. It is woven into the fabric of our devolved institutions, and it underpins the Good Friday agreement. It should concern us all that a Government without any kind of mandate to do so start picking away the stitching. The Law Society said that the exclusion of the Human Rights Act to this extent is unprecedented.

Speaking of defending the rights of people to migrate, Robert Burns, who has a verse on just about everything, has one on the rights of highlanders against their lairds, who were not allowing them to migrate to Canada. He said:

“They! an’ be damned! what right hae they

To meat or sleep or light o’ day,

Far less to riches, pow’r or freedom,

But what your lordships please to gie them?”

We should give asylum seekers far more than this Government think they have a right to gie them.

Disapplying section 6 removes the obligation for courts and immigration officials to take into account human rights when assessing the safety of Rwanda. Disapplying section 3 limits the protections that courts can provide. Disapplying section 2 forces courts to ignore any European Court of Human Rights rulings of Rwanda as unsafe. Those are important protections: not only do they ensure people’s safety from Government, but they act as a check specifically on the Home Office—a Home Office that we know has long and consistent form in making serious mistakes with long-lasting and life-changing consequences. One need only reflect on the legacy of Windrush, TOEIC—the test of English for international communication—and the highly skilled migrant scandal to know the scale of Home Office incompetence. We need the courts to offer protection against the Home Office’s instinct to deport first and ask questions later.

Amendments 11 to 18 in the name of the right hon. Member for Newark (Robert Jenrick) make an already unjustifiable situation much, much worse. Liberty has stated that they effectively remove the possibility of securing any remedy—much less an effective one—for the breach or threatened breach of rights arising from removals to Rwanda on the basis that it is an unsafe country. Robert Burns said in his “Slave’s Lament”:

Torn from that lovely shore, and must never see it more;

And alas! I am weary, weary O.”

I think we all feel that weariness about the circularity of the Government’s ridiculous arguments. It is unsafe for the refugees who get to come here from Rwanda, but somehow, it is safe enough for us to send people to Rwanda. It makes absolutely no sense.

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[David Simmonds]

My hon. Friend is making a series of important points. Does he agree that one of the reasons why our constituents are concerned to see the Bill pass is the enormous impact that very high levels of migration have had on local government finance? Given that he represents an island—one of the 31 local authorities in the south-east of England that volunteered to be asylum dispersal areas—does he agree that other parts of the country might do well to step up to the plate, too?

[Bob Seely]

My hon. Friend makes a good point. Other parts of the country would do well to step up to the plate—I thank him for that comment.

Returning to what my hon. Friend the Member for Ipswich said about an 80% or 90% solution versus a 100% solution, as far as I can see there are four outcomes for today, which I want to discuss in brief detail. First, the Bill works in a wonderful way and everything is perfect. Do I think that is likely? I hope it is; I live in hope, but I share my hon. Friend’s concern.

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[Bob Seely]

I quite agree. I think that we are in danger of reverse-engineering a load of opinions on the European convention on human rights into a single Bill that is influenced by the ECHR, but is fundamentally about something else. I should like to see greater debate about the ECHR. I should like to see greater debate about the relationship between our laws and what we do about international conventions, being mindful and respectful of them while at the same time understanding—certainly this is my view—that our freedoms, our privileges and our rights as Britons do not come from post-war European documents.

We should remember where the ECHR came from. It was effectively written in part by ourselves to help Europe to recover from the appalling destruction caused by fascism, but also the threat of totalitarian socialism and totalitarian communism. Since then, we have seen what was a good document—partly because it was written by us—whose purpose was to help Europe to recover and get its legal and political dignity back become a target of politicised judicial activism. I believe that something that is a target of politicised judicial activism should not necessarily be overruling our own traditions, but I do find a tendency for that to happen.

[David Simmonds]

My hon. Friend is, once again, making some powerful points. Does he recognise that the number of interim measures that are handed down in respect of the UK is extremely small? In fact, in some years no such interim measures are granted. None the less, we need to review the way in which measures that are not specifically described in the original documents that underpin the European convention on human rights have evolved. It is therefore right that although it remains entirely non-binding and how to respond to those measures remains a decision for a Government Minister, we need to ensure that our courts and our system understand the role that Parliament expects them to play.

[Bob Seely]

My hon. Friend has made a valuable point, and one that I was about to come on to. Why do some people in this country and some political groups, generally on the left, idealise international courts as if they were fonts of Olympian wisdom when, in my view, many of their judgments are highly political and highly tendentious? They seem to me to constitute an exercise in studied disrespect for the English common law, which I consider to be one of the great wonders of human civilisation and achievement, along with monotheism and one or two other things. We seem to be allowing the international courts to overrule those extraordinary achievements—all these great judges from on high, who do not come from traditional judicial systems anywhere near as strong or as noble as ours.

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[David Simmonds]

Will my hon. Friend join me in paying tribute to the East of England Local Government Association and the East of England Strategic Migration Partnership? They have done amazing work supporting the resettlement of British passport holders from Hong Kong, Syrians coming through the Syrian resettlement scheme and Ukrainians coming through the Homes for Ukraine scheme. Does he agree that it would be more acceptable to his constituents to hear that those individuals have come to the UK through arrangements agreed with local authorities that have the capacity to support them, rather than, as I witnessed when I visited the Jungle camp in Calais, through rich smugglers, who say to people that the more they can pay, the more likely they are to be able to break into the UK through a backdoor?

[Jerome Mayhew]

My hon. Friend is exactly right. My constituents are generous minded and welcoming, but they do not like inherent unfairness. Typically, those who arrive are young men aged 20 to 40. Where are the women and children? Those young men are relatively rich because they have been able to pay £3,000 to £5,000 to the smugglers. Worse still, they may be indentured and end up in slave labour, trying to pay back a debt that will never be repaid. We have a terrible situation that needs to be addressed.

The Government have taken effective action that we can see in hard data from last year, not just because I say it. At a time when migration to the European Union is going up by about a third and to Mediterranean countries by fully 80% last year, the suite of interventions that the Government have already made have been so effective that they have reduced migration in this country by 36%, which is over a third. That is not because of Rwanda, but in addition to Rwanda. It is because we have increased French patrols on the coast by 40% and we have tracked down boat supplies in places like Romania, removing the ability of the gangs to physically get people across the channel.

We have increased raids on illegal workplaces, which were part of the pull factor for illegal migrants. More importantly, we have cut a deal with Albania, which has meant that, whereas the year before about 20,000 people who came from Albania claimed asylum, with the returns policy recognising that Albania is a safe country—just as Rwanda is, by the way—the number of potential migrants coming across the channel has decreased by more than 90%. If we want an example of why the Rwanda policy should work, we need only look at Albania and at the results that this Government have already achieved. I commend the Government for their hard work, the hard yards, and the incremental gains, which show that, although we are not all the way there, we are seeing 36% reductions already and counting. Our proposals in this Bill for the Rwanda relocation will make an enormous difference.