Safety of Rwanda (Asylum and Immigration) Bill

Debate between David Simmonds and Diana Johnson

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

[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.