Safety of Rwanda (Asylum and Immigration) Bill

Diana Johnson Excerpts

Consideration of Lords message
Wednesday 17th April 2024 Commons Chamber

[Sir William Cash]

I will be brief and focus entirely on Lord Coaker’s amendment 1D, which I have already mentioned in interventions. The problem with the wording that he put forward in debate is one of disingenuously mixing apples and pears. I want to know whether the Leader of the Opposition is also behind the amendment, because it is much more substantial than its predecessor. It is actually a change in Labour policy as well. The noble Lord Irvine, Tony Blair as Prime Minister and Jack Straw all agreed that the sovereignty of Parliament, where words are clear and unambiguous, prevails.

The bottom line is that that is exactly what we are dealing with here. I applaud the idea of maintaining international law—I have never taken a different view—but in his speech Lord Coaker compared what is going on in the middle east to the illegal war in Ukraine and the Houthis in the Red sea. He fails to appreciate that those situations are separate to this issue, and I am raising this as a matter of principle and constitutional propriety. Those are exclusively matters of prerogative, whereas in this instance we are dealing with an issue of sovereignty and the clear and unambiguous words that appear in statute, as Lord Hoffmann made clear when he distinguished between treaties and statutes in relation to the case of Regina v. Lyons, which I have referred to previously.

The position is basically and simply this: I stand by what I have said on this subject in the past. I sincerely trust that the Court will agree that these words are clear and unambiguous.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Government’s motion to disagree with Lords amendment 1D is a motion to disagree with the Government’s obligation in relation to the Bill to have due regard for international law and the Children Act 1989, the Human Rights Act 1998 and the Modern Slavery Act 2015. If the Government are confident that the Rwanda scheme will be fully compliant with international law and the aforementioned domestic law, I do not understand why they are rejecting this amendment again.

The motion to disagree with Lords amendment 3E would scrap the requirement inserted by the Lords that Rwanda be treated as a safe country only if and when protections contained in the treaty are judged by the independent monitoring committee to have been implemented and to remain implemented. Surely Lords amendment 3E is an entirely proper and legal amendment if the Government deem that the measure in their own treaty is necessary? Given that Members had no opportunity to debate that treaty prior to ratification, the amendment would at least provide some reassurance that the protections it contains will be put into practice.

The motion to disagree with Lords amendment 6D is a motion to deny individual grounds for legal challenge that the Republic of Rwanda is a safe country for the person in question or for a group of persons, or that there is a real risk that Rwanda will remove or send those persons to another state. The Home Affairs Committee has always been clear that there has to be the opportunity for appropriate legal challenge as a necessary part of our fair asylum system.

I listened very carefully to the Minister’s assurances about the specified category that could be used in the future, but amendment 10D sets out very clearly why such provisions should be included on the face of the Bill and our obligations to those who have helped us and our armed forces overseas. That amendment would be the right thing to add to the Bill.

[Rachel Maclean (Redditch) (Con)]

As I was watching Aston Villa smash Arsenal on Sunday, my thoughts turned to today’s debate because, as Aston Villa fans will know, the Emirates stadium is of course sponsored by the Visit Rwanda scheme, and Arsenal play with those words emblazoned on their shirts.

I strongly support the Government’s position as set out by the reasons articulated by my right hon. and learned Friend the excellent Minister for Countering Illegal Migration. More than that, though, behind all these amendments, this ping-pong, the Reasons Room, and this process, which is quite baffling to my constituents, lies a simple question: is this Parliament sovereign or not? I believe I was sent to this Parliament to make laws in the interests of my constituents in Redditch. They are a generous people—we have accepted refugees from around the world and given them a warm Redditch welcome—but in the interests of stability and security, and protecting those British values and the culture that we all care about, they also ask that we enact measures to enable our country to control our borders. This whole debate is really summed up by the question of whether or not we in the west are able to control our borders, because we all know that this is going to get much worse. Some 100 million people are on the move.

The Opposition spokesman, the hon. Member for Aberavon (Stephen Kinnock), talked about having more grown-ups in the room and talking more nicely. Perhaps the people smugglers will listen to that and stop putting people in small boats, but somehow I doubt it—it is complete and utter nonsense. We are sent to this place to make hard choices, not emote and do things that make us feel good in the moment. We have to stand on one side, with the sovereignty of this Parliament and the people of Redditch, and this Bill is the way to do so. Let us get Rwanda done. We will stop these boats and make our country safer.