Safety of Rwanda (Asylum and Immigration) Bill

Diana Johnson Excerpts

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

May I start by agreeing with what the Opposition spokesman, the hon. Member for Aberavon (Stephen Kinnock), said about there being nothing new to say? The trouble is that he then spent 14 minutes saying nothing new. He said that the amendments do nothing to stop flights getting off the ground, but the fact that we are still having to debate amendments is preventing the legislation from going through, which would allow the scheme—literally—to get off the ground. Now it is time to get the Rwanda legislation done.

On the remaining amendments, many people have had days, weeks and months to make their points. The Government have given undertakings, and we have heard further undertakings about the treatment of Afghan refugees today. The Bill does not oblige the Government to return anybody from Afghanistan; there are explicit schemes to protect them.

When it comes to declaring Rwanda a safe country, the only reason why the legislation states as such is that a court declared it not to be, based on limited and snapshot evidence. The Government have a white list of countries that are deemed not to be safe—the Foreign, Commonwealth and Development Office issues guidance about where it is safe to travel—but what constitutes “safe” in the eyes of those courts? Is Spain safe to a Catalonian dissident who is in exile because they have taken issue with the Spanish Government? Is it safe to go back to France? Some of the refugees I have met in the Napier barracks claim that they are beaten by French police, and that it is not safe for them to go back to that country. Indeed, in the eyes of some court judgments, is London safe for a person who is “openly Jewish”?

Plenty of safeguards are given in this Bill: it will bring people back to the UK if Rwanda is deemed not to be safe or appropriate. Plenty of international legal scrutiny has now been added into the Bill. The issue of refoulement, which was the Supreme Court’s major complaint, has been dealt with, and legal assessment is available for those sent to Rwanda. I will say it again: when the Home Affairs Select Committee went to Calais last year, we were told by all those who were in charge of the policing system on the beaches that when the Government announced the Rwanda scheme the previous May, there was a surge in migrants around Calais approaching the French authorities to try to regularise their position in France, because they did not want to risk being sent to Rwanda.

It is disgraceful that, time and again, those behind these amendments—the Labour party, continuing this ping-pong—have not come up with a single solution to the really important question of what we do with asylum seekers who have come to this country illegally, who have no credible case to be in the UK, but who it is practically impossible to return to their own country. It is also absolutely disgraceful that just this morning the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), made it quite clear that a Labour Government would abolish the Rwanda scheme, whether it is working or not. They are saying to people on the other side of the channel, “Just wait a few months, and then you can come in your droves.” That is the truth of the matter, and these amendments need to be beaten again.

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

Although at times I agree with quite a lot of what the hon. Member for East Worthing and Shoreham (Tim Loughton) says, the point he has just made about Labour’s policy is absolutely incorrect. I am very pleased that the Minister stated at the beginning of his remarks that the other place absolutely has the right to act as a revising Chamber and give its advice to this Chamber.

Lords amendment 3G was tabled by the noble Lord Hope of Craighead, a former deputy president of the Supreme Court. It states that

“Rwanda cannot be treated as a safe country for…the purposes of this Act until the Secretary of State has obtained and laid before Parliament a statement from the independent Monitoring Committee”

confirming that the treaty provisions have been implemented. It also allows the Secretary of State to rescind the confirmation if the treaty stops being adhered to, rather than the nonsense position of claiming that Rwanda is safe for evermore. This is a sensible and measured amendment to deal with the facts, allowing that they may change.

On the day that the Prime Minister has stated that some asylum decision makers and judges have been trained, the joint monitoring committee has been set up and the president of the new appeal body has been selected, we still do not know whether all the other provisions of the treaty have been fully implemented or whether a sufficient number of officials are in place. With the Prime Minister insisting that flights will begin in 10 to 12 weeks, Lords amendment 3G provides a vital safeguard, ensuring that everyone sent to Rwanda will be protected by the implementation of the treaty provisions. I think that is entirely reasonable, and I agree with what the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) said.

Lords amendment 10F, tabled by the noble Lord Browne of Ladyton—a former Secretary of State for Defence—provides an exemption for people who supported the UK armed forces overseas, or who have otherwise been agents or allies of the UK overseas. Anyone seeking to rely on that exemption would need to provide notice to the Secretary of State

“within one week of arrival in the UK”.

Ministers have sought to reassure Members that they are reviewing the position, and will consider and revisit how the Illegal Migration Act 2023 and removal under existing immigration legislation will apply to those who are determined to be ARAP-eligible. However, I must note that, when responding in the House of Lords, the noble Lord Browne dubbed that assurance to be “worthless”. We should all be conscious of the strength of feeling among those former senior armed forces personnel who support this amendment. When individuals risk their lives to support British troops overseas, we must honour our commitment to provide sanctuary, not outsource it. That is why I support Lords amendment 10F.