Independent Office for Police Conduct: 2022-23 Annual Report

James Cleverly Excerpts

Tuesday 30th January 2024 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

I am today, along with my hon. Friend the Financial Secretary to the Treasury (Nigel Huddleston), publishing the annual report and accounts of the Independent Office for Police Conduct. The report has been laid before the House and copies will be available in the Vote Office.

[HCWS223]

Safety of Rwanda (Asylum and Immigration) Bill

James Cleverly Excerpts

3rd reading
Wednesday 17th January 2024 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

I beg to move, That the Bill be now read the Third time.

I of course echo the tributes to Sir Tony.

The Prime Minister, the Government and I have been clear that we will do whatever it takes to stop the boats, and we have of course been making progress on that pledge, reducing small boat arrivals by over a third last year, but to stop the boats completely and to stop them for good we need to deter people from making these dangerous journeys—from risking their lives and from lining the pockets of evil, criminal people-smuggling gangs.

The new legally binding treaty with the Government of the Republic of Rwanda responds directly to the Supreme Court’s concerns, reflecting the strength of the Government of Rwanda’s protections and commitments. This Bill sends an unambiguously clear message that if you enter the United Kingdom illegally, you cannot stay. This Bill has been meticulously drafted to end the merry-go-round of legal challenges; people will not be able to use our asylum laws, human rights laws or judicial reviews to block their legitimate removal. And the default will be for claims to be heard outside of this country. Only a very small number of migrants who face a real and imminent risk of serious and irreversible harm will be able to appeal decisions in the UK.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

As things stand, can the Home Secretary confirm that if this Bill receives Royal Assent it will not breach international law; yes or no?

[James Cleverly]

My right hon. Friend raises an important point and it gives me an opportunity to be unambiguous and clear. As drafted, as we intend this Bill to progress, it will be in complete compliance with international law. The UK takes international law seriously and the countries we choose to partner with internationally also take international law seriously.

[Sir William Cash (Stone) (Con)]

The previous intervention was extremely apposite. Will the Foreign Secretary be kind enough to give me the advice as to why he said what he just did about no breaches of international law?

[James Cleverly]

My hon. Friend will know that the Government do not make their legal advice public. We have put forward, of course, an explanation of our position but I am absolutely confident that we will maintain our long-standing tradition of being a country that not just abides by international law but champions and defends it.

Under our new legislation migrants will not be able to frustrate the decision to remove them to Rwanda by bringing systemic challenges about the general safety of Rwanda.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Can the Home Secretary assure us that if this Bill is passed tonight there will be a system in place that accurately tests its success, month by month and week by week, so that we know that all this anger, all this frustration, all this work is not for nothing?

[James Cleverly]

The hon. Gentleman certainly speaks for a number of Members in the House, although maybe not too many on his own Benches, because it sounds as if he wants this to work, whereas plenty of Opposition Members have tried to frustrate our attempts to deal with illegal migration. But we will of course want to assess the success because we want to be proud of the fact that this Government, unlike the Opposition parties, actually care about strengthening our borders and defending ourselves against those evil people smugglers and their evil trade.

To be clear, we will disapply the avenues used by individuals that blocked the first flight to Rwanda, including asylum and human rights claims. Without that very narrow route to individual challenge, we would undermine the treaty that we have just signed with Rwanda and run the very serious risk of collapsing the scheme, and that must not be allowed to happen. But if people attempt to use this route simply as a delaying tactic, they will have their claim dismissed by the Home Office and they will be removed.

The Bill also ensures that it is for Ministers and Ministers alone to decide whether to comply with the ECHR interim measures, because it is for the British people and the British people alone to decide who comes and who stays in this country. The Prime Minister said he would not have included that clause unless we were intending and prepared to use it, and that is very much the case. We will not let foreign courts prevent us from managing our own borders. As reiterated by the Cabinet Office today, it is the established case that civil servants under the civil service code are there to deliver the decisions of Ministers of the Crown.

The Bill is key to stopping the boats once and for all. To reassure some of the people who have approached me with concerns, I remind them that Albanians previously made up around a third of small boat arrivals, but through working intensively and closely with Albania and its Government, more than 5,000 people with no right to be here have been returned. The deterrent was powerful enough to drive down arrivals from Albania by more than 90%. Strasbourg has not intervened, flights from Rwanda have not been stopped and the House should understand that this legislation once passed will go even further and be even stronger than the legislation that underpins the Albania agreement.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

We obviously support the Albania agreement, but will the Home Secretary confirm that only 5% of Albanians who have arrived in the country over the past few years on small boats have been returned or removed? What has happened to the other 95%?

[James Cleverly]

As I have said, it is about deterrence, and the deterrent effect is clear for anyone to see, with a more than 90% reduction in the number of Albanians who have arrived on these shores.

I am glad that the shadow Home Secretary chose this point to intervene, because it reminds me that the Labour party has no credible plans at all to manage our borders. The Opposition have tried to obstruct our plans to tackle illegal migration over and over again—more than 80 times. They even want to cut a deal with the EU that would see us receive 100,000 extra illegal migrants each and every year. [Interruption.] They cheer. The shadow Home Secretary is pleased with the idea that we are going to receive an extra 100,000 every year. They can laugh, but we take this issue seriously, because it is not what our country needs and it is not what our constituents want.

We are united in agreement that stopping the boats and getting the Rwanda partnership up and running is of the utmost importance. Having a debate about how to get the policy right is of course what this House is for. That is our collective job, and I respect my good friends and colleagues on the Government Benches for putting forward amendments in good faith to do what they believe will strengthen the Bill. While my party sits only a short physical distance from the parties on the Opposition Benches, the gulf between our aspiration to control our borders and their blasé laissez-faire attitude to border control could not be more stark. Stopping the boats is not just a question of policy; it is a question of morality and of fairness. It is this Government—this Conservative party—who are the only party in this House taking this issue as seriously as we should. I urge this House to stick with our plan and stop the boats.

Oral Answers to Questions

James Cleverly Excerpts

Monday 15th January 2024 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

15. What steps he is taking to reduce the backlog of asylum applications.

[The Secretary of State for the Home Department (James Cleverly)]

Last year we cleared the equivalent of 90,000 legacy claims and processed a total of more than 112,000 claims—the largest volume in two decades. The total asylum backlog is now at its lowest point since December 2022. The improvement of processes continues, and we will continue to review and improve them to accelerate the decision making from hereon in.

[Andy Carter]

I am grateful to the Home Secretary for that update, but there are still four hotels in and around Warrington housing asylum seekers. Will he give us an update on the closing of hotels, and will he also tell us what steps he is taking to speed up the processing of refugees when they are in hotels awaiting the outcome of their claims?

[James Cleverly]

My hon. Friend made an important link between the speed of asylum processing and the need for asylum accommodation in various forms, including hotels. We are moving away from using hotels as that type of accommodation, thus reducing the cost to the public purse, and we will maintain recruitment levels and improve processes so that the speed of processing that we are seeing now can be continued. Although I cannot make commitments about the specific hotels in my hon. Friend’s constituency, he should rest assured that we are seeking to drive down the number of hotels on which we rely.

[Wendy Chamberlain]

My constituent arrived in the UK 15 months ago and was interviewed, but has been waiting for more than a year to receive a final response. He is not alone: according to the Refugee Council, 33,085 asylum cases have been lodged in the last six months alone, putting ever more strain on a broken system. The Home Secretary said that the legacy backlog was going down, but what about those more recent cases? What is being done to deal with them?

[James Cleverly]

The improved processes and the increased number of Home Office officials working on this issue mean that not only the legacy cases but the current ones will be dealt with more quickly, which will reduce the need for asylum accommodation of all types. I cannot comment on individual cases because the circumstances are different in each one, but the hon. Lady should rest assured that the lessons we have learned about the increased speed of processing will benefit those who are already in the system. Of course, we are also determined to drive down the number of people who come here in the first place, reducing the pressure on our asylum processing system in doing so.

[Mr Speaker]

I call the shadow Minister.

--- Later in debate ---

[Mr Speaker]

No, it is not “thank you”. I have to get a lot of people in and this is totally unfair. The question was very, very long, and I was coughing to get the hon. Gentleman to stop, not to continue. That is the signal we need to understand. If the hon. Gentleman does not want a particular Back Bencher to get in, I ask him please to point them out, because this is giving me that problem.

[James Cleverly]

The mask has slipped. The Labour party has said that even if the Rwanda scheme were to be successful, it would not keep it. That shows what Labour Members really think about this. They have no plan, they have no commitment, and they have even said that if something was working they would scrap it. [Interruption.]

[Nigel Mills (Amber Valley) (Con)]

2. What steps he is taking to help reduce levels of fraud.

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[Stephen Crabb (Preseli Pembrokeshire) (Con)]

23. What steps he is taking to reduce net migration.

[The Secretary of State for the Home Department (James Cleverly)]

On 4 December, I announced a new package of measures to further reduce legal net migration, including limitations on family dependants being brought in by workers and students, creating a salary threshold and raising the minimum income requirement progressively over the next few years.

[Martin Vickers]

My right hon. Friend will know that the net migration figure of over 700,000 is completely unsustainable. Were it to continue, that would represent the creation of 10 new parliamentary constituencies each year. What co-operation does his Department have with the public services that have to meet the demands from the newcomers?

[James Cleverly]

My hon. Friend is absolutely right that we must be conscious of the impact of the level of net migration on local populations and local authorities. We recognise that the figure is too high and we are taking action to bring it down. We work closely with other Government Departments to deliver on that, but while Opposition Front Benchers criticise the headline figures, they also oppose every single step we take to bring that figure down.

[Sir David Evennett]

I commend my right hon. Friend the Home Secretary and my hon. Friend the Minister for Legal Migration and the Border for all their work towards delivering on our manifesto commitment to reduce net migration. My constituents are now looking for the results of all their hard work. Will the Home Secretary outline how his new legal migration package will make the most of our post-Brexit points-based immigration system?

[James Cleverly]

This country has always had a global outlook: the ethnic composition of the Government at the most senior levels is a direct reflection of our global connectivity and those human bridges across the world. We want to ensure this country is able to benefit from the expertise, knowledge and work of the brightest and best from around the whole world in a manner that is controlled, fair, predictable and well enforced.

[Stephen Crabb]

It is good that the Government want to ensure that the brightest and best can continue to come to the UK to study, but does my right hon. Friend recognise that the changes to the family dependant rules for students risk causing enormous damage to some of our elite business schools, which compete in the global marketplace for experienced, outstanding professionals? What work is he doing with the sector to try to overcome some of those challenges?

[James Cleverly]

My right hon. Friend is right to highlight the fact that we are in a globally competitive environment when it comes to this country’s quality higher education postgraduate offer. I have no doubt that we are still highly competitive. We will continue to work with the university sector on this and ensure that the people we bring to the UK are here to study and add value, and that no institution in our higher education sector mistakes its role—they are educators, not a back-door visa system.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I beg the Home Secretary to spread those more enlightened views to some of his colleagues. Migration should not be a dirty word. I am the son of a migrant. I migrated myself to the United States at one stage. My DNA tells me that I am 34% Irish and 32% Swedish. Can every Member of this Parliament have their DNA published so that we can bring some sense to this discussion about migration?

[James Cleverly]

I am not sure that the Government are able to compel such widespread disclosure—perhaps the Independent Parliamentary Standards Authority might have a view on such things. Both sides of my family are of immigrant stock: my mother came to the UK in the 1960s, and my father’s family in 1066. This country has benefited from controlled immigration in a fair system, where people who play by the rules are rewarded and we say no to those who refuse to play by the rules.

[Wera Hobhouse (Bath) (LD)]

I am a legal migrant, too. Bath has a vibrant hospitality industry that caters for local people and tourists from all over the world, but many of our hotels, restaurants, bars and pubs are already struggling to find enough staff or are under threat of reduced working hours and closure. How will the Home Secretary ensure that the proposed new salary thresholds and measures to reduce legal migration do not worsen those staff shortages?

[James Cleverly]

We liaise very closely with other Government Departments to ensure that our system, which is transparent and fair, also supports the British economy. We work particularly closely with the Department for Work and Pensions to ensure that those who have talent and ambition but who, for whatever reason, are currently unable to fully engage in the job market are enabled to do so. I myself have a background in the hospitality industry, and we want that industry to continue to thrive. It is not the case that we should automatically rely on overseas labour for that; we can have home-grown talent as well.

[Kerry McCarthy (Bristol East) (Lab)]

The Home Secretary talked about people coming to UK universities to study. Many people also come to our universities to carry out ground-breaking and economically important research, and they are worried about the rise in the minimum income thresholds, because that means they will be unable to bring their families with them. What assessment has he made of the impact of the new changes on our universities’ important research work?

[James Cleverly]

We recognise the contribution of the international pool of talent. Indeed, when I was Foreign Secretary I signed up to a deal with India for talented postgraduates to exchange experience in our respective countries. We will always look to support the genuine draw on talent, but we will also ensure that the higher education system is not used as a back-door means of immigration. The system is about research and education, not a back-door means of getting permanent residence in this country.

[Chris Elmore (Ogmore) (Lab)]

8. What recent assessment his Department has made of the adequacy of neighbourhood policing levels.

[The Secretary of State for the Home Department (James Cleverly)]

Giving the police the resources they need to police local communities and fight crime remains a Government priority. We have delivered on our commitment to recruit 20,000 additional police officers; indeed, we have surpassed that. Decisions about how they are deployed are, of course, a matter for discussion between chief constables, police and crime commissioners, and mayors, who are responsible for their local communities.

[Chris Elmore]

The legacy of Government cuts has left police forces across England and Wales with a £3.2 billion cash shortfall, and 6,000 officers have now been taken away from frontline policing duties in order to fill the roles of former police staff. Can the Home Secretary start to acknowledge the effect of Tory cuts? How will he rectify that and get more frontline police back into our neighbourhoods across the United Kingdom?

[James Cleverly]

As I said, decisions on how a police force balances its important back-office roles and frontline policing roles are rightly decisions for the chief constable. We have given additional resource, and we have delivered on our commitment to have more police officers. Of course we are looking at police funding formulas to ensure that they remain well resourced, but there are more than 20,000—in fact, 20,947—additional police officers in England and Wales. That will ensure that there are more police on the frontline.

[Mr Speaker]

I call the shadow Minister.

[Alex Norris (Nottingham North) (Lab/Co-op)]

As my hon. Friend the Member for Ogmore (Chris Elmore) said, to this day we are feeling the devastating impact of the Tories’ decision to cut 20,000 police officers. Ministers such as the Home Secretary seem to expect credit for desperately trying to reverse it, but the National Police Chiefs’ Council was right that the efforts at reversal have moored 6,000 warranted officers in roles traditionally filled by civilians. Again, we have heard from the Home Secretary that we have never had it so good, but there are still 10,000 fewer neighbourhood police. Why will the Government not match our commitment to get 13,000 more police officers and police community support officers out on the beat?

[James Cleverly]

Unless Labour has a plan for paying for those figures, it is just empty rhetoric. The simple truth is that there are record numbers of officers in police forces across the country, including Essex Police, which I visited this morning—it has never had more police officers than it has currently. It is right that chief constables decide how to deploy those police officers. Again, unless we hear a plan to pay for those additional officers, I will not trust Labour’s figures.

[Richard Thomson (Gordon) (SNP)]

9. What assessment he has made of the potential impact of proposed changes to visa income thresholds on the university sector.

--- Later in debate ---

[Simon Jupp (East Devon) (Con)]

16. What recent progress his Department has made on reducing neighbourhood crime.

[The Secretary of State for the Home Department (James Cleverly)]

This Government recognise the impact of neighbourhood crime. It is the crime that most affects people’s confidence—the confidence of individuals, businesses and communities. The strategic response to this is evidence-based and targeted, and getting policing right in this area is incredibly important for maintaining community confidence.

[Selaine Saxby]

I have seen for myself how successful the Government’s safer streets fund was in Barnstaple, and I am delighted that it will be extended into Ilfracombe this year. Will my right hon. Friend ensure that councils have the funding to help support those schemes?

[James Cleverly]

I thank my hon. Friend for highlighting that point. I am proud of the fact that, since 2010, neighbourhood crime is down by 51% because of the kind of interventions that she highlighted. I reassure her that we will continue to look at what works, to fund and support, and to make every effort to drive down neighbourhood crime even further.

[Simon Jupp]

Police numbers across Devon and Cornwall are at record levels and deserve our praise. In a recent survey, my constituents in East Devon said that tackling neighbourhood crime is an absolute priority, as ranging from burglaries to thefts from vehicles. Will my right hon. Friend outline what progress this Conservative Government have made on cracking down on neighbourhood crime?

[James Cleverly]

I am very pleased that my hon. Friend’s local community is feeling the positive impact of the decisions we have made. Since coming into Government, we have seen serious violence reduced by 26%, and neighbourhood crime down by 27% since the start of this Parliament. We have seen a 36% reduction in domestic burglary, an 18% reduction in vehicle-related theft and a 61% decrease in robbery. We have reduced homicide by 15%, have taken action on drugs and are committed to—

[Mr Speaker]

Order. Secretary of State—I said the same to the Minister—please, you were very slow at the beginning; you will not be slow at the end, I am sure.

[James Cleverly]

We have a retail crime action plan. We have ensured that assaults against shop workers is an aggravating factor and we have made it clear to police forces across the country that we expect them to take action on neighbourhood crime like that and to pursue every reasonable line of inquiry. We are determined to drive down retail crime.

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

17. What assessment he has made of the potential impact of the safer streets fund on the safety of women and girls.

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[Kerry McCarthy (Bristol East) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for the Home Department (James Cleverly)]

This year, the Home Office will continue to build on our progress on the public priorities: a 36% fall in small boat crossings last year, 86 arrests of small boat pilots, 246 arrests of people smugglers, the biggest-ever international operation resulting in 136 boat seizures and 45 outboard motors being seized, the illegal migration package announced, more than 2,000 county lines drugs lines smashed and the introduction of the Criminal Justice Bill to give police leaders more powers. We are relentlessly focused on delivering community safety on behalf of the British people.

[Kerry McCarthy]

Now that we have the Home Secretary here to answer for himself, can he tell us whether he is aware that the police are receiving more than 560 reports of spiking every month, and in December the Home Office said that the reason the crime is so prevalent is that it is seen as funny and a joke? How can we have any confidence in the Home Secretary to deliver action on spiking when he thinks it is a joke?

[James Cleverly]

I am the Home Secretary who has actually introduced action on this. In my first week in the job, I visited Holborn police station to see the work of the Metropolitan police in tackling violence against women and girls. I made it clear to the Home Office that my priority was the protection of women and girls. I am taking action on this issue, and I am absolutely determined to continue doing so.

[Nigel Mills (Amber Valley) (Con)]

T3. I am sure the Home Secretary would agree that anti-extremism training in Departments is extremely important. What more can the Government do to ensure that it is training to tackle extremism, rather than anti-Government and party bias training?

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[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

We welcome the proscription of Hizb ut-Tahrir.

Five more lives were tragically lost in the channel this weekend. As criminal gangs profit from those dangerous boat crossings, it shows how vital it is to stop them, but we need the Home Office to have a grip. The Home Secretary gave no answer earlier on the 4,000 people he has lost from the Rwanda list. Can he tell us if he has also lost the 35,000 people he has removed from the asylum backlog? How many of them are still in the country?

[James Cleverly]

I join the right hon. Lady in expressing sadness and condolences for those who lost their lives in the channel. That reinforces the importance of breaking the people-smuggling gangs. The fact is that we are driving down the numbers of people in the backlog: we are processing applications more quickly and ensuring that decisions are made so that those who should not be in this country can be removed either to their own country or a safe third country. That is why the Rwanda Bill is so important, and why we will continue working on these issues.

[Yvette Cooper]

Returns have dropped 50% since the last Labour Government. The Home Secretary is still not telling us where those missing people are. He appears to have lost thousands of people who may have no right to be in the country, and lost any grip at all. In the ongoing Tory asylum chaos, we have Cabinet Ministers, countless ex-Ministers and the deputy Tory chair all saying that they will oppose the Home Secretary’s policy this week—a policy that we know he and the Prime Minister do not even believe in. If the deputy Tory chair this week votes against the Home Secretary’s policy, will he be sacked, or is the Prime Minister so weak that he has lost control of asylum, lost control of our borders, and lost control of his own party, too?

[James Cleverly]

Conservative Members of Parliament are absolutely united in our desire to get a grip of this issue. I am not the person who has held up a sign saying, “Refugees welcome”; I am not the person whose colleagues oppose each and every rhetorical flourish. Until the Labour party comes up with a credible plan, I will not take its criticism any more seriously than it deserves.

[Bob Blackman (Harrow East) (Con)]

T4. The British people welcome people who come to this country to work and contribute to our economy. But those who abuse our hospitality, commit violent offences and are then sent to prison need to be deported at the end of their sentences. Will my right hon. and learned Friend update the House on how many were deported last year, and what action he will take to ensure that foreign nationals who are violent offenders are automatically deported when they leave prison?

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[Sir Julian Lewis (New Forest East) (Con)]

How many times must a demonstration in the same cause be repeated, week in and week out, before the well-funded organisers become liable to pay for at least part of the policing costs?

[James Cleverly]

Of course, we recognise that there is legitimacy to public protests. We also recognise that the unprecedented and unwarranted pressure that this is putting on policing around the country is having an impact on communities. My view is that the organisers have made their point, and repeating it does not strengthen their argument. Unfortunately, we are also seeing some deeply distasteful people weaving themselves in among those protesters, who are protesting on issues that they feel passionately about, but whose good will is being abused by others.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

Will the Home Secretary urgently meet his hon. Friend and constituency neighbour the Member for Harwich and North Essex (Sir Bernard Jenkin) and me to speak about why it is that, although the whole House passed the Public Order Act 2023 with an amendment to ensure safe access zones for women using abortion clinics, this is now subject to a consultation that would gut the legislation? Can he meet us urgently? The consultation is due to end on 22 January, and it would not actually do what all MPs in this House voted for.

[James Cleverly]

If the hon. Lady writes to me on this issue, I will endeavour to find out the details of the point she has made.

[Several hon. Members rose—]

Safe and Legal Routes to the UK

James Cleverly Excerpts

Thursday 11th January 2024 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

In accordance with my obligations under section 61 of the Illegal Migration Act 2023, I am today laying before Parliament a report on safe and legal routes to the United Kingdom. The report will also be available on gov.uk.

The UK has a proud history of providing protection for the most vulnerable. Since 2015, we have offered over half a million people safe and legal routes into the UK. This includes those from Hong Kong, Syria, Afghanistan, and Ukraine, as well as family members of refugees.

Through our global resettlement schemes, which includes the UK resettlement scheme, the community sponsorship scheme and the mandate resettlement scheme, we have welcomed over 28,700 refugees since 2015. Through this period, we are the sixth largest recipient of United Nations Refugee Agency (UNHCR) referred refugees, third only to Sweden and Germany in Europe.

This report reaffirms the Government’s commitment to providing safe and legal routes for those most in need. Under the Illegal Migration Act, the only way to come to the UK to claim protection will be through safe and legal routes. This will take power out of the hands of criminal gangs and protect vulnerable people.

As part of this commitment, section 60 of the Illegal Migration Act commits the Government to introducing a cap, in consultation with local authorities, on the number of people brought to the UK through safe and legal routes each year.

This is so that we can get a realistic picture of the UK’s capacity to welcome, integrate and accommodate resettled refugees. It is only by determining a realistic picture on capacity that the UK can continue to operate safe and legal routes and ensure these routes form part of a well managed and sustainable migration system. This is in recognition of the significant pressures facing local authorities and public services right now, including as a direct result of highly resource-consuming illegal migration. The cap is amendable should there be an international crisis that warrants a bespoke UK response.

The consultation to set the cap has now closed. The Government are currently reviewing responses from local authorities across the UK. A consultation summary report will be produced in the spring with draft regulations laid in Parliament before the summer recess. Parliament will then have an opportunity to debate and vote on the cap before it comes into force from 2025.

Through the establishment of the cap, and by bearing down on illegal migration, we will be able to do more for some of the most vulnerable refugees from across the globe, receiving more refugees from UNHCR direct from regions of conflict and instability. As we get control on numbers, we will keep under review whether we are able to do more to support vulnerable refugees and whether we need to consider new safe and legal routes.

[HCWS179]

Independent Inquiry into Child Sexual Abuse: Update

James Cleverly Excerpts

Wednesday 10th January 2024 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

I would like to update the House on the Government’s progress in implementing commitments made in response to the recommendations of the independent inquiry into child sexual abuse, following on from the publication of the Government’s response to the inquiry’s final report in May last year.

The final report concluded seven years of investigations. It exposed widespread child sexual abuse and significant institutional failings spanning several decades. It captured harrowing accounts from victims and survivors—over 7,000 of them—who bravely came forward to share their testimonies with the inquiry.

When the Government published their response to the inquiry’s final report last May, the then Home Secretary was clear that our response did not represent our final word on the inquiry’s findings, but rather the start of a new chapter. We remain focused on delivering on our commitments and being transparent about the progress we have made, but also where there is more to do. We owe that to all victims and survivors.

Mandatory reporting (Recommendation 13)

The Government are taking concerted action on several of the inquiry’s recommendations, including a central recommendation to introduce a new mandatory reporting duty for those engaging with children across England to report known or witnessed incidents of child sexual abuse. As the inquiry’s findings made clear, there is no excuse for those who actively try to cover up child sexual abuse or try to evade proper scrutiny and justice.

We have engaged extensively with those likely to be impacted by this duty through our call for evidence in May and consultation in November to inform how best it can be implemented. We have identified the Government’s Criminal Justice Bill, announced by His Majesty the King in November, as a legislative vehicle for introducing the duty.

Redress scheme (Recommendation 19)

The inquiry’s findings laid bare how vulnerable children, over many decades, were systematically raped, sexually abused and exploited in children’s homes and other institutions responsible for their care, health and wellbeing.

In May, the Government committed to establishing a redress scheme for victims and survivors of non-recent child sexual abuse. This will require significant join-up and collaboration across Government to work through the many complexities involved in delivering a scheme that is sensitive to victim and survivor needs and provides a non-adversarial, trauma-informed route to seeking redress. My Department has been engaging extensively with experts in this area—victim and survivor representative organisations, academics, lawyers, insurers and redress schemes operated by other national and local Governments —to scope the potential options and costs of establishing a redress scheme in England and Wales. I will work with my ministerial colleagues to deliver the scheme and to ensure the voices of victims and survivors are at the heart of this process.

Criminal injuries compensation scheme (Recommendation 18)

A redress scheme needs to form one part of a much wider package of improvements to existing routes in England and Wales for victims and survivors to pursue compensation for the abuse they have suffered. The Ministry of Justice has conducted a public consultation on whether to amend the scope and time limits for submitting an application to the criminal injuries compensation scheme (CICS), which closed in September last year. The Government are carefully considering our response to this and to our previous consultations in 2020 on CICS as a whole and in 2022 on the CICS unspent convictions eligibility rule. We will publish a single response to all three consultations as soon as practicable.

Therapeutic support (Recommendation 16)

The Government recognise the significant role therapeutic support can play in helping victims and survivors to recover from the devastating—and often lifelong—impacts of their abuse. But we also recognise the challenges many victims and survivors face when trying to access this support.

The Home Office is continuing to provide £4.5 million to voluntary organisations providing nationally accessible services to support victims and survivors of child sexual abuse through the support for victims and survivors of child sexual abuse (SVSCSA) fund. In August last year, the Ministry of Justice also recommissioned the rape and sexual abuse support fund, which is providing £26 million over 20 months—from August 2023 to March 2025— to more than 60 specialist victim support services. These services offer tailored support programmes, including counselling, therapeutic services, advocacy, outreach and group activities to victims and survivors of all ages, including children, to help them cope with their experiences, and move forward with their lives.

The Ministry of Justice is providing funding to the independent centre of expertise on child sexual abuse to deliver resources to improve the provision of services to sexually abused children, young people and adult survivors of non-recent child sexual abuse in England and Wales. This includes a directory of support services and a data hub, ensuring data on child sexual abuse and support is readily available and accessible to all. These tools will help commissioners to make effective commissioning decisions by improving their understanding of victim and survivor needs and the services available to them. Victims and survivors will also be able to access up-to-date information about accessing the right help.

The Ministry of Justice is also investing in the Bluestar Project at the Green House, a specialist sexual violence support service, to improve the quality of the support available to children pretrial. The Bluestar Project will provide training to 60 community-based support providers, to build knowledge and confidence to remove barriers to children and survivors accessing pre-trial support services.

The crucial support that victims of domestic and sexual abuse need to move forward with their lives is currently commissioned across a range of public sector bodies. Through the Government’s Victims and Prisoners Bill, we will facilitate a more strategic and co-ordinated approach, by placing a statutory duty on these bodies to collaborate on victim support services for victims of domestic abuse, sexual abuse and serious violent crime in England. The duty to collaborate creates a framework to drive forward better strategic multi-agency collaboration on commissioning, to help local areas map their local needs and target resources more effectively. This will reduce duplication and improve strategic co-ordination of services so that victims get the timely and quality support that they need.

Child protection authority (Recommendation 2)

The Government accepted the need for a stronger safeguarding system by ensuring existing mechanisms work as effectively and cohesively as possible to properly safeguard, support and protect children from child sexual abuse and other harms. Many of the reforms set out in our ambitious children’s social care programme, “Stable Homes, Built on Love”, will contribute towards fulfilling the desired effect of the inquiry’s recommendation to create a new child protection authority in England and Wales. These reforms include actions which will improve practice in child protection, including updating “Working Together to Safeguard Children” guidance and publishing national multi-agency child protection standards. I am pleased that both have recently been published.

In addition, the national child safeguarding practice review panel is launching a project to investigate how safeguarding partners are delivering local child safeguarding practice reviews (LCSPRs) and how their quality can be improved. This project is aimed at improving the delivery of LCSPRs and providing safeguarding partners with the support they need to ensure their review processes make a real difference to children’s lives and improve practice on the ground. Alongside this, the panel has launched a new national review into child sexual abuse within the family environment. This review will consider how safeguarding partners can improve practice to better prevent, identify and respond to this kind of abuse and to better protect children from harm.

As part of wider reforms, the Department for Education is driving forward a package of work to enhance safeguarding in out-of-school settings, which can include tuition centres and private tutors, extra-curricular clubs and activities, sports clubs, uniformed youth organisations and religious settings offering education or tuition in their own faith. In September last year, the Government published an updated safeguarding code of practice for providers of these settings, as well as guidance to support parents in making informed choices about the settings their children attend and how they can raise any concerns.

The Department for Education will also be launching a free-to-access e-learning package for providers to complement the code of practice and is in the process of reviewing existing guidance for local authorities on safeguarding in out-of-school settings, to ensure they are fully utilising their legal powers and those of multi-agency partners to identify and intervene in out-of-school settings of concern. A call for evidence to examine how safeguarding can be further strengthened in out-of-school settings will also be published in the coming weeks.

Data (Recommendation 1)

We continue to drive improvements in data quality and collection, including through funding dedicated child sexual abuse analysts in every policing region. This week the vulnerability knowledge and practice programme, which is funded by the Home Office, has published the national analysis of police-recorded child sexual abuse and exploitation (CSAE) crimes report. The report provides an in-depth analysis of crime during 2022, highlighting the scale and threat of child sexual abuse.

We are working with the Office for National Statistics (ONS) to understand whether a new survey could more effectively measure the current scale and nature of child abuse and neglect, including child sexual abuse. ONS is currently developing the questionnaire and safeguarding procedures for the proposed survey, which will then be piloted.

The Home Office established the child sexual exploitation police taskforce in April last year, which is supporting forces to improve identification of crimes and data recording. The taskforce is collaborating with the tackling organised exploitation programme, which we continue to fund to provide dedicated intelligence and analytical expertise for forces undertaking complex organised exploitation investigations.

In summer last year, the Department for Education published the “Improving Multi-Agency Information Sharing” report, setting out the barriers to information sharing and the proposed next steps to overcome these. They are now working with colleagues in the Department of Health and Social Care and NHS England to scope and shape a pilot scheme to test the use of the NHS number as a consistent identifier for children. The Department for Education also published the “Children’s Social Care Data and Digital Strategy”, setting out a long-term plan for improving the use of data, information and technology to support services, develop insights and improve outcomes for children, young people and families. And the “Information Sharing Advice for Safeguarding Practitioners” is also being updated following a public consultation and a revised version will be published in due course.

Through our continued investment in the independent centre of expertise on child sexual abuse, an update to the centre’s annual trends in official data report will be published early this year. This will bring together 2022-23 data from children’s social care, policing, criminal justice and health to build a picture of how agencies identify and respond to child sexual abuse and will provide important insights into changing trends in practice.

Children’s Minister (Recommendation 3)

We champion the best interests of children at the most senior levels of Government, with the Secretary of State for Education fulfilling the role of a Cabinet Minister for children. The Secretary of State for Education, my right hon. Friend the Member for Chichester (Gillian Keegan), works across Government to raise the profile of issues affecting children to ensure they are front and centre of relevant policy and decision making. Her efforts are bolstered by the child protection ministerial group (CPMG), established in October 2022, which brings together Ministers from the Department for Education, Department of Health and Social Care, Department for Levelling Up, Housing and Communities, Ministry of Justice and Home Office to drive a co-ordinated Government response on child protection and safety.

The CPMG most recently met in September and discussed the Government’s proposals for the new mandatory reporting regime and updates on establishing a redress scheme in England and Wales. It will meet again later this month to continue to drive forward the Government’s commitments to the inquiry’s findings.

Public awareness campaign (Recommendation 4)

The Government are raising the profile of child sexual abuse through our work to deliver on the inquiry’s recommendations. We are continuing to encourage a wider national conversation, building on the inquiry’s work, by raising awareness of the scale and nature of child sexual abuse and—crucially—how to respond to it, including through our call for evidence and consultation on mandatory reporting.

We have dedicated resources to more targeted campaigns and programmes which have raised awareness of child sexual abuse more widely. In September, the Home Office highlighted to parents and guardians the risks of social media companies implementing end-to-end encryption (E2EE) without robust child safety measures in place on their platforms. The next phase of the Lucy Faithfull Foundation’s “Stop It Now!” campaign, funded by the Home Office, launched in November with a focus on online grooming. The Home Office continues to fund the prevention programme, which launched the latest phase of its #LookClose campaign focused on improving public and business sector awareness of child sexual abuse and exploitation in public spaces, and how they can report concerns and support victims and survivors. And the Home Office is providing funding to supplement the work of the NSPCC helpline, including a national campaign encouraging members of the public and professionals to report concerns around child sexual abuse.

Pain compliance (Recommendation 5)

The Government did not accept the inquiry’s specific recommendation to prohibit the use of any technique that deliberately induces pain in custodial settings, but we share the inquiry’s aim of ensuring children are properly safeguarded across all settings, including custodial. It is also necessary to ensure staff working in these settings are properly trained and equipped to protect children from harm, including self-harm or causing physical harm to other children.

In the Government’s response to the inquiry, we set out our progress in piloting revisions to the “Minimising and Managing Physical Restraint” syllabus, which staff are trained to use in under-18 youth offender institutions and secure training centres, so that it only includes training on behaviour management and restraint. Staff are trained to use pain-inducing techniques separately as an “exceptional safety measure”, and only to prevent risk of serious harm.

The training pilot—which took place at Wetherby young offender institution—has now concluded, with early indications indicating that pain-inducing techniques have been used to restrain children less often. The youth custody service will proceed with rolling this out to other sites in the near future, starting with Oakhill secure training centre, where this process has recently commenced. We will of course continue to keep the policy and use of restraint, including pain inducing techniques, under constant review.

In our response, we also committed to publishing a new framework to provide a consistent approach to the use of force and restraint for staff in all settings across the youth custody service. This framework was published in August last year.

Amendment to the Children’s Act (Recommendation 6)

The Government accepted unequivocally the need for children and young people to have their voices heard, to feel empowered to raise concerns and challenge any aspect of their care.

That is why we are prioritising work to update national standards and statutory guidance for the provision of children’s advocacy services. In September, we launched a consultation on our proposals, including extending the scope of the standards to apply to special residential settings and introducing a new standard on non-instructed advocacy for children who are non-verbal. This consultation closed in December. We also remain committed to reviewing and strengthening the independent reviewing officer and regulation 44 visitors’ roles and continuing to engage with stakeholders on different options.

Staff registration (Recommendations 7 and 8)

The inquiry exposed critical gaps in workforce regulation, including inconsistent registration regimes, and rightly called for these to be plugged to improve the quality of care and protection of vulnerable children.

The Department for Education is continuing to explore introducing professional registration of the children’s homes workforce to better protect children in residential settings. Alongside this, we are working to develop a programme to support improvements in the quality of leadership and management in the children’s homes sector and will announce further details in due course.

The Ministry of Justice is assessing how a new internal register could operate for the workforce in youth offender institutions and secure training centres. The Ministry of Justice is also currently reviewing and strengthening recruitment and vetting practices in the youth secure estate and enhancing the standards to which all staff working in these sites must adhere.

Disclosure and barring scheme (Recommendations 9, 10 and 11)

The disclosure and barring regime, operated by the Disclosure and Barring Service (DBS), plays a crucial role in the safeguarding of children, and the Government are determined to ensure the regime remains effective at this. The Government are carefully considering the recommendations from the inquiry, alongside those from the independent Bailey review of the disclosure and barring regime.

We are investigating how we can ensure that all those who work closely with children can obtain the highest-level DBS checks, including whether that person is barred from working with them. We are reviewing current criminal record disclosure arrangements for those working with children overseas, to consider the scope of further strengthening the regime. We have engaged extensively with stakeholders around safeguarding relating to those in self-employed or overseas roles, where working closely with children. We are committed to ensuring, through working with DBS and regulatory bodies, that those who have a statutory duty to inform the DBS about individuals who work closely with children and may pose a risk of harm to them, fulfil that duty. Through its outreach activity and work with regulatory bodies, the DBS is ensuring that all those subject to the duty are fully aware of their responsibilities and are protecting the children and young people within their care.

Compliance with victims code (Recommendation 14)

The criminal justice joint inspectorates have included an inspection on the experiences of victims of child sexual abuse of the criminal justice system in their 2023-25 inspection programme, with victims code compliance proposed to feature.

The Government’s Victims and Prisoners Bill will also introduce a power for the Home Secretary, Justice Secretary and Attorney General to require that the inspectorates carry out a joint inspection assessing victims’ experiences and treatment and also introduce a new duty on the inspectorates to consult the Victims’ Commissioner in developing their inspection programmes. This will support a clearer and sharper focus on how victims and survivors are treated across the system, allowing issues to be identified and solved.

Civil statute of limitation laws—personal injury claims (Recommendation 15)

The Government recognise, as reinforced by the inquiry, that it might take years—and in many cases decades—for victims and survivors of child sexual abuse to come forward and feel ready to disclose their trauma. We will publish a consultation paper shortly, setting out options for reforming limitation law in child sexual abuse cases, as well as examining how the existing judicial guidance in child sexual abuse cases could be strengthened.

Access to records (Recommendation 17)

Recognising the difficulties experienced by many victims and survivors in accessing records about their non-recent abuse, the Government committed to engaging with the Information Commissioner’s Office (ICO) on introducing, as recommended by the inquiry, a code of practice on retention of and access to records known to relate to child sexual abuse. Options are now being worked through to see what is feasible.

Online Safety Act (Recommendations 12 and 20)

The Government’s world-leading Online Safety Act 2023, containing measures that respond to many of the inquiry’s proposals, received Royal Assent in October. This groundbreaking legislation introduces the strongest duties for technology companies to prevent, identify and remove harmful child sexual abuse and exploitation content from their services and platforms. It will also provide better protections for children from harmful and age-inappropriate content by requiring technology companies, if their services are likely to be accessed by children, to have robust safety measures in place and to enforce age limits and age verification measures. Ofcom has now formally taken on its role as the regulator for online safety and is consulting on the codes of practice which will guide companies on how to fulfil the safety duties in the Act. The Act will also bring into force a new role for the National Crime Agency, which is preparing to receive reports of child abuse direct from industry, strengthening the UK policing response to online child sexual abuse.

While the regulator gets up to speed, we continue to call on industry to step up their efforts in combating child sexual abuse on their platforms now. The Government have been steadfast in our resolve to challenge global social media companies, like Meta, to not willingly blind themselves to the horrific exploitation and sexual abuse occurring on their platforms and instead introduce robust safety measures to protect children, as they roll out notionally privacy enhancing technologies like end-to-end encryption. The Government have also invested in initiatives like the safety tech challenge fund to illustrate how technology solutions can be developed which balance privacy with child safety, and we are also working closely with our international partners, including through the Five Country Ministerial, to tackle the sickening rise of child sexual abuse images generated by artificial intelligence and stop their spread online.

Concluding remarks

I would like to reassure the House that where we can act quickly, we are doing so. Where more time is required, we are dedicating resources to disentangle complex issues and ensure we deliver what victims and survivors need.

The voices of victims and survivors of child sexual abuse —whether they shared their stories with the inquiry or not—ring through each of the inquiry’s recommendations and will continue to inform the Government’s efforts to implement them. They strengthen our resolve to eradicating this heinous crime from our society, once and for all.

[HCWS176]

Serious and Organised Crime Strategy

James Cleverly Excerpts

Wednesday 13th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

As Home Secretary, my first priority is to keep the public safe. Today I have published a new and updated serious and organised crime strategy. The strategy has been laid before Parliament as a Command Paper (CP 992) and copies are available in the Vote Office and on www.gov.uk.



Serious and organised crime is a major threat to the national security and prosperity of the United Kingdom. It costs lives, blights communities, hampers economic growth, causes financial loss to individuals, businesses and the state, and corrodes the global reputation of the UK and its institutions.



Since the publication of the previous strategy in 2018, we have invested in strengthening the National Crime Agency (NCA) and policing capabilities, built new comprehensive plans and strategies for dealing with illegal drugs, economic crime, fraud, child sexual abuse and other types of crime, and introduced new powers for law enforcement agencies to respond to the threat posed by organised criminal groups. However, it was a five-year strategy and it is right that we now update our response to reflect changing threats and emerging challenges.



This new strategy sets out our mission to reduce serious and organised crime in the UK by disrupting and dismantling the organised crime groups operating in and against the UK through a comprehensive and end-to-end response to ensure there is no place for serious and organised criminals to hide. The strategy aims to reduce serious and organised crime in the UK through five lines of action:



In-country: We will disrupt and dismantle organised crime groups operating in and against the UK. We will also build resilience in local communities, deter and divert individuals, design out crime and raise barriers online.

UK Border: Strengthening the UK border, including disrupting the exploitative business model of the criminal groups involved in organised immigration crime.

International: Relentless disruption at source of international organised criminals operating against the UK; improving international information and intelligence sharing; and reducing the global drivers.

Technology and capabilities: Ensuring the best intelligence and data collection, analysis and investigative capabilities are in place to identify and disrupt organised criminals.

Multi-agency response: Ensuring all public and private sector partners are working together as effectively as possible with the right capacity, skills, structures and tasking processes.



To support delivery of the new strategy, we are bringing forward legislation in the Criminal Justice Bill, introducing new criminal offences for the possession, importing, manufacturing, adapting, supply and intending to supply specific articles for use in serious crime—vehicle concealments, templates used to print 3D firearm components and pill presses. We will also strengthen serious crime prevention orders to make it easier for police and other law enforcement agencies to place restrictions on suspected offenders.



We will strengthen the UK border and enhance disruptive activity against the organised immigration crime groups who enable people to enter the UK illegally, increasingly through dangerous small boat crossings in the channel. This includes doubling our funding to increase the multi-agency intelligence and investigative response in 2023-24 and 2024-25.



We will continue to roll out “Clear, Hold, Build”, the local policing and partnership response to serious and organised crime, expanding it to every territorial police force by spring 2024 to reduce crime and build community resilience in hotspot areas in a sustainable way.



The Government are also introducing new measures to support closer collaboration between the NCA and the Serious Fraud Office (SFO) to tackle serious and complex fraud and corruption. We will amend the Crime and Courts Act 2013 to allow the director general of the NCA to direct the director of the SFO on matters relating to the investigation of suspected incidents of serious or complex fraud, bribery and corruption, in the same way that the NCA has power to direct the police in relation to serious and organised crime.



The new strategy will refocus efforts in response to new and emerging challenges, including the growth in online crime and the exploitative business model of people smugglers. It brings together extensive work across Government, ensuring all capabilities available to the UK intelligence community, the NCA, policing and at the border are fully focused on disrupting and dismantling organised criminals.

[HCWS120]

Safety of Rwanda (Asylum and Immigration) Bill

James Cleverly Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

I beg to move, That the Bill be now read a Second time.

Before I speak to the Bill, let me say that the House may well be aware that, tragically, there has been a death on the Bibby Stockholm barge. I am sure that the thoughts of the whole House, like mine, are with those affected. The House will understand that at this stage I am uncomfortable going into any more details, but we will of course investigate fully.

This Government are stopping the boats. Arrivals are down by a third this year, as illegal entries are on the rise elsewhere in Europe. Indeed, small boat arrivals are up by 80% in the Mediterranean, but they are down by a third across the channel. The largest ever small boats deal with France, tackling the supply of boat engines and parts, the arrest and conviction of people smugglers, and a 70% increase in raids on illegal working are having an impact—a positive one. We have signed returns and co-operation agreements with France, Bulgaria, Turkey, Italy, Georgia and Ethiopia. Fifty hotels are being returned to their local communities, and the initial asylum backlog, which stood at 92,000, is now under 20,000. We have sent back 22,000 illegal migrants, and the UK’s arrangement with Albania proves that deterrents work.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

rose—

[James Cleverly]

I will not give way yet, as I have just started.

Last year, a third of all those arriving in small boats to the coast of this country were Albanian. This year, we have returned 5,000 Albanians, and arrivals from Albania are down by 90%. But in recent years, some of the Government’s efforts to tackle illegal migration and deport foreign national offenders have been frustrated by a seemingly endless cycle of legal challenges and rulings from domestic and foreign courts.

[Mr John Baron (Basildon and Billericay) (Con)]

rose—

[James Cleverly]

I will give way in a moment. Of course, this Government respect court judgments, even when we disagree with them, but Parliament and the British people want an end to illegal immigration and they support the Rwanda plan.

[Debbie Abrahams]

The Home Secretary points to deterrence. He has often used the Australian model of offshoring detention centres as a gold standard. What are his comments, then, on the fact that Australia has recently shut down its offshore centre because of the high financial and human costs?

[James Cleverly]

The hon. Lady raises the case of Australia. It had 55,000 illegal migrations by boats and that has trended pretty much down to zero—deterrence works.

[Mr Baron]

I am sure that my right hon. Friend will agree that the British are world champions at queueing. We do not like queue jumpers, which is why illegal immigration grates with us. Will he confirm that the Government will take all steps to ensure that we remain within international law, not just now but going forward? In that case, I will certainly be supporting the Bill tonight. Does he also agree that some colleagues in this place need to be careful what they wish for?

[James Cleverly]

I am confident, and indeed the conversations I have had with the Government’s legal advisers reinforce my belief, that the actions we are taking, while novel and very much pushing at the edge of the envelope, are within the framework of international law. That is important because the UK is a country that demonstrates to the whole world the importance of international law. We champion that on the world stage and it is important that we demonstrate it.

[Several hon. Members rose—]

[James Cleverly]

I am going to make further progress. Judges of course play an important role, but they are not policymakers and they should not be policymakers. When the courts find a particular formulation of policy unlawful, it is the job of politicians to listen to their views, respect their views and find a solution.

[Several hon. Members rose—]

[James Cleverly]

I will make further progress. Thanks to the efforts on the part of the UK Government and the Government of Rwanda, that is exactly what we have done in response to the verdict from the Supreme Court. The new treaty that I signed last week with Rwanda and the Bill that accompanies it are game changing. The principle of relocating people to a safe country, to have their asylum claim processed there, is entirely consistent with the terms of the refugee convention. Both the High Court and the Court of Appeal unanimously confirmed that point.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

My right hon. Friend was an excellent Foreign Secretary, so he will know the extraordinary tensions that exist between the Democratic Republic of the Congo and Rwanda. The Democratic Republic of the Congo accuses Rwanda of sponsoring the M23 terrorist organisation, which is violating Congolese women and killing Congolese soldiers. This week, the Congolese President named the Rwandan President as a Hitler-like figure. What is my right hon. Friend’s response to the concerns of our Congolese friends in that regard?

[James Cleverly]

In my former role, I had extensive conversations with the Governments of both the Democratic Republic of the Congo and Rwanda. We do not agree with that assessment of the Government of Rwanda. More importantly, other international organisations also rely heavily on Rwanda, including the United Nations High Commissioner for Refugees and the European Union. They would not do that if they believed that Rwanda was an unsafe country.

[Several hon. Members rose—]

[James Cleverly]

I intend to make further progress—this is Second Reading and there will be plenty of opportunities for colleagues to speak—but I give way to the hon. Member for Strangford (Jim Shannon).

[Jim Shannon (Strangford) (DUP)]

Just yesterday, I received correspondence stating:

“EU Council Directive 2005/85/EC is caught by Article 2(1) of the Protocol, therefore can be relied upon in NI (but not GB).”

It added that article 7 of the directive

“confers the right to remain in the territory”

while a claim is being processed, which

“creates additional ‘rights’ in NI”

that do not apply in GB and

“expressly frustrates the core intent of the Rwanda Bill from applying in NI”.

Has the Home Secretary had the opportunity to look at that?

[James Cleverly]

The point that the hon. Gentleman makes about differential treatment in different parts of the United Kingdom is one that we are conscious of. As the Bill progresses, he and others will have the opportunity to raise concerns about specific details. We will, of course, listen to his concerns and those of others. When passed, the Bill will address the practical implications. At the moment, the challenge of the number of refugees is not as significant in Northern Ireland as in other parts of the UK, but, as the hon. Gentleman has heard me say before, we are always conscious to make sure that all parts of the UK are, and feel that they are, in the thinking of the Government as we move forward.

[Several hon. Members rose—]

[James Cleverly]

I will make further progress. As I say, the principle of relocating people to a safe country to have their asylum claims processed is entirely consistent with the terms of the refugee convention. The High Court and the Court of Appeal unanimously confirmed that, and the Supreme Court did not dispute those findings in own findings three weeks ago.

[Sir William Cash (Stone) (Con)]

Does my right hon. Friend agree that it is clear in international law and in relation to the question of the rule of law that in this country, with our unwritten constitution, a clear and unambiguous use of words, clearly establishing the intention of Parliament in the enactment of a law, takes precedence over international law, in accordance with the judgments of Lord Hoffmann, as well as judgments and statements by Lord Judge, Lord Denning and other very distinguished jurists, including in paragraph 144 of the judgment made last month?

[James Cleverly]

My hon. Friend makes an important point. He is right that when the wording of a Bill is clear and unambiguous—where there is a deeming clause—that is the express will of Parliament, that Parliament is sovereign, and that that thinking must be adhered to through the legal process.

[Several hon. Members rose—]

[James Cleverly]

I am going to make some progress.

A few weeks ago, the Supreme Court upheld the judgment of the Court of Appeal, meaning that we cannot yet lawfully remove people to Rwanda. That is because of concerns that it expressed that relocated individuals might be refouled. I am sure the House knows that that means that those individuals might be re-deported to a third country. The Government disagreed with that verdict, but, as I have said, we respect the verdict of their lordships. It is important to understand that the Supreme Court’s judgment was based on the facts as they existed 18 months ago and that the Court said the problem could be remedied. As I told the House last week, we have worked on and found that very remedy. Our asylum partnership with Rwanda sets out, in a legally binding international treaty, the obligations of both the UK and Rwanda within international law.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

I am extremely grateful to my right hon. Friend for giving way. As he says, international law and domestic law are both important, but they are different. The Bill seeks to give this House the power to deem Rwanda a safe country. Can he confirm for me that what it does not seek to do is suggest that this country, or this House, has the power to deem itself in compliance with international law? My worry stems from clause1(5) of the Bill, which, of course, reflects the Government’s intention to deem Rwanda a safe country, but then goes on to describe the safe country as one

“to which persons may be removed…in compliance with all of the United Kingdom’s obligations under international law”.

Will he confirm that it is not the Government’s intention to suggest that it falls to any country to deem itself in compliance with international law—he does not need me to explain what the consequences of that might be elsewhere in the world—and that he will look again at the language and whether it needs to be changed to clarify that point?

[James Cleverly]

I can reassure my right hon. and learned Friend that that is absolutely not the intention of the Bill. The deeming clause is specifically about the safety of Rwanda, because of our response to their lordships’ position at the Supreme Court hearing. We are not seeking to redefine through domestic legislation international law.

[Joanna Cherry (Edinburgh South West) (SNP)]

If the right hon. Gentleman is right and the treaty with Rwanda meets the concerns of the Supreme Court, why is this Bill necessary? If Rwanda is now a safe country as a result of the treaty, why is this highly controversial Bill, which is clearly causing great problems in his own parliamentary party, necessary?

[James Cleverly]

We are putting forward legislation that will be clear and unambiguous, so as to support the treaty. The treaty addresses the concerns raised by their lordships.

[Several hon. Members rose—]

--- Later in debate ---

[James Cleverly]

With the indulgence of the House, I intend to make some progress. I want to make sure that others have a full chance to speak in this debate.

The Bill sets out to Parliament and to the courts why Rwanda is safe for those relocated there. The treaty that I signed last week puts beyond legal doubt the safety of Rwanda. It provides the basis to end the merry-go-round of legal challenges that have second-guessed the will of Parliament and frustrated this policy, this House, and the desire of the British people.

Rwanda will introduce an even stronger end-to-end asylum system, stronger still than the one that underpins its relationship with the United Nations High Commissioner for Refugees. It will have a specialist asylum appeals tribunal—

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for giving way. Since we last spoke in this House, it has been confirmed that the Government have given the Rwandan Government £240 million, with a further £50 million to come in April—all independently of anybody be being sent to Rwanda. Will he now confirm that the Government’s deal also means a further £50 million in 2025 and a further £50 million on top of that in 2026?

[James Cleverly]

The right hon. Lady is asking me to confirm figures that we have put in the public domain. Unsurprisingly, I am totally comfortable confirming what I have already said. Rwanda will introduce an even stronger—

[Yvette Cooper]

rose—

[James Cleverly]

The right hon. Lady has the chance to make a speech in just a few moments.

The system of specialist asylum tribunals to consider individual appeals against any refused claim within Rwanda will have one Rwandan and one other Commonwealth co-president and will be made up of judges from a mix of nationalities, selected by the co-president. To the point the right hon. Lady is making about the money spent by the British Government, as is the case with many countries around the world, the Government spend money capacity building with our international partners, and we have been working extensively with Rwanda to build capacity too.

The treaty makes clear that anyone relocated to Rwanda cannot be removed from Rwanda to another country except back to the United Kingdom. It is binding in international law and enhances the role of the independent monitoring committee, which will have the power to set its own priority areas for monitoring. The committee will have unfettered access to monitor the entire relocation process, from initial screening to relocation and settlement in Rwanda. Relocated individuals and legal representatives will be able to launch confidential complaints directly with that committee. It is that treaty and the accompanying evidence pack that enable the Government to conclude with confidence that Rwanda is safe. We will need to be certain that domestic and foreign courts will also respect the treaty, and that is why we have introduced this Bill.

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

On that point on foreign courts, clause 5(2) says:

“It is for a Minister of the Crown…to decide whether the United Kingdom will comply with the interim measure.”

Is the advice from the Attorney General that it will be compatible with international law for a Minister to refuse to comply with such an indication?

[James Cleverly]

My right hon. Friend, who is an expert proceduralist in this House, will know that advice from the AG to Government is privileged, and I am not going to share it at the Dispatch Box, but he will also know that the Government’s position is clear and unambiguous that this is in accordance with international law. He can rest assured of that.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will my right hon. Friend confirm that, as a matter of law, an interim measure under rule 35 is directed not to the courts of the UK, but to the Governments of the member states? Therefore, what the Bill says simply restates what is the position anyway: it is the member state that it applies to, not the courts.

[James Cleverly]

My hon. Friend is absolutely right.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Will the Home Secretary give way?

[James Cleverly]

I will give way one more time, and then I will make more progress.

[Dame Meg Hillier]

The Home Secretary says he will not reveal to the House the Attorney General’s advice, and that is fine, but on the issue of the money, his permanent secretary was in front of the Public Accounts Committee yesterday and told us that, as well as the payment of £50 million due next year, there are payments planned for years four and five. Is he willing to share with the House how much will be paid to Rwanda in years four and five of the programme?

[James Cleverly]

The hon. Lady will know that we have committed to a reporting schedule that is completely consistent with other Government Departments and with the reporting schedule of the Home Office in other areas. We intend to commit to doing that.

This Bill builds on the Illegal Migration Act 2023 and complements all other measures that this Government are employing to end illegal migration. The Safety of Rwanda (Asylum and Immigration) Bill makes it unambiguously clear that Rwanda is safe and it will prevent the courts from second-guessing the will of this sovereign Parliament.

[Dame Maria Miller (Basingstoke) (Con)]

Will my right hon. Friend give way?

[James Cleverly]

I have to make progress.

The Bill gives effect to the judgment of Parliament that Rwanda is a safe country, notwithstanding UK law or any interpretation of international law. For the purposes of the Bill, a safe country is one to which people

“may be removed from the United Kingdom in compliance with all of the United Kingdom’s obligations under international law”—

I hope that will reassure my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright)—

“that are relevant to the treatment in that country of persons who are removed there.”

It means that someone removed to that country will not be removed or sent to another country in contravention of any international law, and that anyone who seeks asylum or who has had an asylum determination will have their claim determined and be treated in accordance with that country’s obligations under international law.

[Several hon. Members rose—]

[James Cleverly]

I am going to make progress. I have been generous, but I want others to have the chance to speak.

Anyone removed to Rwanda under the provisions of this treaty will not be removed from Rwanda except to the United Kingdom, in a very small number of limited and exceptional circumstances. Should the UK request the return of any relocated person, Rwanda will return them. Decision makers, including myself or the holder of the post of Home Secretary, an immigration officer and the courts must all treat Rwanda as a safe country. They must do so notwithstanding the relevant UK law or any interpretation of international law by courts or tribunals. That includes the European convention on human rights; the refugee convention; the international covenant on civil and political rights; the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings which opened at Warsaw on 16 May 2005; customary international law; and

“any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.”

The Prime Minister has been crystal clear that he, and the Government he leads, will not let foreign courts destroy this Rwanda plan and curtail our efforts to break the business model of the evil people-smuggling gangs.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend makes the point about foreign courts, but what about domestic courts? Is there not a danger that, in pursuing quite stringent measures in this Bill, we are really testing the principle of comity to breaking point? This House and this Parliament are sovereign, but we also have the independence of the courts and the rule of law to bear in mind, and restraint on both sides—by the judiciary and by this place—is essential if we are to maintain the balance of our constitution.

[James Cleverly]

My right hon. and learned Friend knows I have a huge amount of respect for him, not just as a friend and an individual, but for his experience at the Bar at a very high level. He raises an important point, and I want to give him complete reassurance that we have looked very carefully at that balance he speaks about and we respect the importance of that. We genuinely believe this Bill gets the balance right, although, because of the growing nature of this extreme and perverse trade in human misery, we have to take firm action. We are therefore acting in a way that maintains that balance. It is novel. He says it is contentious, and that is true, but we are doing it because we have to break this business model. We have to do this.

When the European Court of Human Rights—this speaks to the point made by my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) just a moment ago—indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of the Immigration Act, a Minister of the Crown alone, not a court or tribunal, will decide whether the UK will comply with that interim measure.

In order to further prevent individual claims to prevent removal, the Bill disapplies certain relevant provisions from the Human Rights Act 1998 in particular circumstances, including sections 2, 3, 6, 7, 8 and 9. This is lawful, this is fair, this is necessary, because we have now addressed every reason that has been used to prevent removal to Rwanda. We have blocked asylum claims from being admitted with legislation that has already passed through this House: when the Illegal Migration Act 2023 is enforced, modern slavery disqualification provisions will assist with speedy removal.

The only possible blocking of removal is if an individual can demonstrate, with compelling evidence, that there is an immediate risk of serious and irreversible harm to them in particular under their individual circumstances. That sets the bar rightly very high, so that the chances of that happening are rightly extremely small. The only way to deter people from coming here illegally is to convince them that if they do, they will be unable to stay. Instead, they will be detained and swiftly removed to a safe third country, or their home country, if it is safe to do so.

[Several hon. Members rose—]

[James Cleverly]

I will conclude, as I have been on my feet for a while.

This is how we will save lives at sea. This is how we will deter illegal migration. And this—the House should take note—is how we will break the business model of the most evil and perverse trade that we currently can see: the trade in vulnerable people. The people smugglers are not humanitarians; they are vicious criminals, and we must take action to stop them. This is how we restore confidence in our immigration system and assert full control over our borders.

[Several hon. Members rose—]

[James Cleverly]

I am nearly done; let me conclude.

This is how we will overcome the intolerable pressure on taxpayers, public services and local communities that illegal immigration creates. That is how we will ensure that the system is fair: fair to those who play by the rules and fair to the British people, who are rightly sick of people arriving here from France in small boats—from France, a safe and wonderful country. Rwanda stands ready to welcome those new arrivals. It stands ready to work with us to find a solution on this global issue, rather than being part of a problem, and for that, I believe, it should have our thanks and admiration. This is an innovative and humane solution to a growing global problem. Other countries are looking at what we are doing and making similar plans of their own. A new treaty and this Bill make it clear in law that Rwanda is a safe country to which to relocate illegal migrants.

I want to extend an offer to the whole House. Colleagues across this House must know how much this matters to our constituents. Our voters, no matter which party they vote for, are warm and welcoming people to those in genuine need. We have seen that in the way in which people across this country have opened their homes to many of the half a million people who have come here via safe and legal routes in the past decade. But the British people rightly expect everyone to play by the rules, and they expect us in this House to do what it takes to stop the boats. That is what voting for this legislation means. Our voters are horrified when they see images of people drowning in the channel. They are horrified when they see people smugglers taking advantage of people. They want an end to illegal migration. This Government have a plan that will provide an alternative home for illegal arrivals to the UK and deter others from coming here illegally. I commend the Bill to the House.

[Mr Speaker]

I call the shadow Home Secretary.

Safe Access Zones: Commencement

James Cleverly Excerpts

Monday 11th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

People in this country have a wide range of views on abortion. All viewpoints are legal to hold, and it is important that, as a nation, we are tolerant and respectful of others’ viewpoints. Indeed, it is a cornerstone of our democracy that people are free to gather and express their views, however uncomfortable they may be to others.

The Government have always been clear that rights to protest do not extend to the intimidation or harassment of others. Where protests do amount to that, we expect the police and local authorities to use their powers to deal with such cases.

The debates during the passage of the Public Order Act 2023 showed that many people have firmly held—but opposing—views about the merits of limiting the right to protest in order to enable women to freely access abortion services. There were concerns that the right to protest, freedom of expression and religious belief were being unjustifiably constrained. Meanwhile, others argued with equal passion that women accessing abortion services deserved greater protection from harassing or intimidatory protest.

After considering the debates, the Houses of Parliament voted to introduce legislation to prohibit certain activities within 150 metres of an abortion clinic or a hospital that provides abortion services—“safe access zones”.

The Government respect the will of Parliament, and we anticipate commencing section 9 of the Public Order Act 2023 no later than spring 2024.^[1]

We have considered what needs to be done to ensure that safe access zones can be implemented as effectively as possible, with law enforcement agencies having a clear and consistent understanding around enforcement, and abortion service providers and protestors being clear as to what is expected under the new law.

We believe the best way to do this would be through publishing non-statutory guidance prior to the commencement of section 9.

I recognise that this is new legislation, on an emotive topic, with strong views on all sides of the debate and that determining the appropriate balance between competing interests will not always be straightforward. The Government have therefore decided to launch a public consultation on the non-statutory guidance for safe access zones and welcome responses from all interested parties. Running a public consultation will help ensure that we produce guidance that reflects the policy intention of Parliament and provides a workable enforcement policy.

The public consultation will run for six weeks until 22 January 2024. A copy of the consultation will be placed in the Libraries of both Houses and published on www.gov.uk.

As Home Secretary, I am committed to ensuring that women in England and Wales feel safe and protected while exercising their legal right to access abortion services and I am optimistic that this Government will facilitate the effective introduction of safe access zones.

I thank Members across the House for their engagement on this issue.

^[1] “Abortion Clinics: Safe Access Zones”, Official Report, House of Lords, 20 November 2023, Vol. 834, c. 599-603: https://hansard.parliament.uk/lords/2023-11-20/debates/60888608-B1EC-40F7-8CEC-3C77479493D7/AbortionClinicsSafeAccessZones

[HCWS111]

Immigration Rules

James Cleverly Excerpts

Thursday 7th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

I am today laying before the House a statement of changes in immigration rules.

Changes to visitor rules

As set out in the spring Budget 2023, we are amending the list of permitted business activities that can be undertaken by individuals on a UK Visit visa, including by: removing the restriction on visitors working directly with clients in an intra-corporate context, subject to the activity being incidental to their employment abroad and to the delivery of a wider project by the UK branch of their overseas employer; naming remote work as a permitted activity, providing this is not the primary purpose of the visit; expanding the list of unpaid work activities that legal professionals can undertake in the UK, allowing scientists to conduct research in the UK as part of their visit; and allowing pilots and cabin crew members to travel to the UK as part of a Civil Aviation Authority approved wet leasing agreement.

We are also reforming permitted paid engagements (PPE), by including speaking at conferences in the list of permitted engagements. By incorporating the provisions of the route into the standard visitor route, to enable easier switching between PPE activities and the other permitted business activities, and to enable easier travel across the UK border for nationalities eligible to use e-passport gates.

Introduction of new appendix statelessness

We are making changes to the partner and child rules on the statelessness route.

A partner or child will no longer be eligible to apply for permission as a dependent under the stateless route but will instead need to meet the requirements to come to, or stay in, the UK as a partner or child of a stateless person under the family rules in appendix FM. A person who already has permission as a partner or child of a stateless person under the current stateless immigration rules in part 14 will be able to continue to extend their permission or stay in the UK under those provisions.

Changes to the EU Settlement Scheme (EUSS)

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK by the end of the transition period on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK. We are making two particular changes where the EUSS is concerned.

First, to reinforce the Government approach to tackling illegal migration, we will prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK, which will include small boat arrivals, as well as by an illegal entrant. Second, consistent with the temporary protection of rights conferred on them by the citizens’ rights agreements for three months from their arrival in the UK, we will require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival subject to reasonable grounds for any delay in applying.

Changes to travel document requirements for school groups visiting the UK from France

We are making changes to allow children aged 18 and under, studying at a school in France, to visit the UK on an organised educational trip without the usual passport or visit visa requirements. EU, other EEA and Swiss national children will be able to travel on their national identity card. Visa national children will still be required to travel on their passport but will not have to obtain a visit visa.

Introduction of new appendix victim of domestic abuse

We are introducing an out of country settlement route for victims of transnational marriage abandonment.

Changes to the youth mobility scheme

The youth mobility scheme (YMS) implements the international commitments that have been made to provide cultural exchange programmes for young people.

We are adding Uruguay to the list of countries and territories participating in the YMS and making changes to reflect that the UK’s existing reciprocal, bilateral arrangements with Japan and the Republic of Korea have been enhanced.

The changes to the immigration rules are being laid on 7 December 2023 and will come into effect on various dates between 7 December 2023 and 31 January 2024.

[HCWS106]

UK-Rwanda Partnership

James Cleverly Excerpts

Wednesday 6th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

With permission, Madam Deputy Speaker, I will make a statement about the Government’s plan to stop the boats and tackle the vile trade in people smuggled across the channel.

Three weeks ago, the Supreme Court handed down its judgment on this Government’s migration and economic development agreement with Rwanda. In that judgment their lordships upheld the view of the High Court and the Court of Appeal that it is lawful to relocate illegal migrants, who have no right to be here, to another safe country for asylum processing and resettlement, but upheld the judgment of the Court of Appeal, which means that the Government cannot yet lawfully remove people to Rwanda. That was due to the Court’s concerns that relocated individuals might be “refouled”—removed to a country where they could face persecution or ill treatment. We did not agree with that assessment, but of course we respect the judgment of the Supreme Court.

The Supreme Court also acknowledged that its concerns were not immutable and were not an aspersion on Rwanda’s intentions, and that changes may be delivered in the future that could address its concerns. Today I can inform the House that those concerns have been conclusively answered and those changes made, as a result of intensive diplomacy by the Prime Minister, by the Foreign, Commonwealth and Development Office, by the Attorney General’s Office and by the Home Office. We have created a situation that addresses the concerns.

Our rule of law partnership with Rwanda sets out in a legally binding international treaty the obligations on both the United Kingdom and Rwanda within international law, and sets out to this House and to the courts why Rwanda is and will remain a safe country for the purposes of asylum and resettlement. This is a partnership to which we and Rwanda are completely committed. Rwanda is a safe and prosperous country. It is a vital partner for the UK. Our treaty puts beyond legal doubt the safety of Rwanda and ends the endless merry-go-round of legal challenges that have thus far frustrated this policy and second-guessed the will of Parliament. I want to put on record my gratitude to President Kagame, Foreign Minister Biruta and the Rwandan Government for working with us at pace to do what it takes to get this deal up and running with flights taking off as soon as possible.

Rwanda will introduce a strengthened end-to-end asylum system, which will include a new specialist asylum appeals tribunal to consider individual appeals against any refused claims. It will have one Rwandan and one other Commonwealth co-president and be made up of judges from a mix of nations selected by those co-presidents. We have been working with Rwanda to build capacity and to make it clear to those relocated to Rwanda that they will not be sent to another third country.

The treaty is binding in international law. It also enhances the role of the independent monitoring committee, which will ensure adherence to obligations under the treaty and have the power to set its own priority areas for monitoring. It will be given unfettered access to complete assessments and reports and to monitor the entire relocation process, from initial screening to relocation and settlement in Rwanda. It will also develop a system to enable relocated individuals and legal representatives to lodge confidential complaints directly with the committee.

But, given the Supreme Court judgment, we cannot be confident that the courts will respect a new treaty on its own, so today the Government have published emergency legislation to make it unambiguously clear that Rwanda is a safe country and to prevent the courts from second-guessing Parliament’s will. We will introduce that legislation tomorrow in the form of the Safety of Rwanda (Asylum and Immigration) Bill, to give effect to the judgment of Parliament that Rwanda is a safe country, notwithstanding UK law or any interpretation of international law.

For the purposes of the Bill, a safe country is defined as one to which people may be removed from the United Kingdom in compliance with all the United Kingdom’s obligations under international law that are relevant to the treatment in that country of people who are removed there. This means that someone removed to that country will not be removed or sent to another country in contravention of any international law, and that anyone who is seeking asylum or who has had an asylum determination will have their claim determined and be treated in accordance with that country’s obligations under international law.

Anyone removed to Rwanda under the provisions of the treaty will not be removed from Rwanda, except to the United Kingdom in a very small number of limited and extreme circumstances, and should the UK request the return of any relocated person, Rwanda will make them available. Decision makers, including the Home Secretary, immigration officers and the courts, must all treat Rwanda as a safe country, and they must do so notwithstanding all relevant UK law or any interpretation of international law, including the human rights convention; the refugee convention; the 1966 international covenant on civil and political rights; the 1984 UN convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings, which was signed in Warsaw on 16 May 2005; customary international law; and any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.

Where the European Court of Human Rights indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of immigration Acts, a Minister of the Crown alone, and not a court or tribunal, will decide whether the United Kingdom will comply with the interim measure. To further prevent individual claims to prevent removal, the Bill disapplies the relevant provisions of the Human Rights Act 1998, including sections 2, 3, 6, 7, 8 and 9. The Bill is lawful, it is fair and it is necessary, because people will stop coming here illegally only when they know that they cannot stay here and that they will be detained and quickly removed to a safe third country. It is only by breaking the cycle and delivering a deterrent that we will remove the incentive for people to be smuggled here and stop the boats.

This legislation builds on the Illegal Migration Act 2023, which the House passed this summer, and complements the basket of other measures that the UK Government are employing to end illegal migration—for example, the largest ever small boats deal with France. Tackling the supply of boats and parts, the arrest and conviction of people smugglers, and illegal working raids have all helped to drive down small boat arrivals by more than a third this year, even as the numbers are rising elsewhere in Europe.

Parliament and the public alike support the Rwanda plan. Other countries have since copied our plans with Rwanda, and we know from interviews that the prospect of being relocated out of the UK has already had a deterrent effect. This will be considerably magnified when we get the flights to Rwanda. This treaty and this new Bill will help to make that a reality, and I commend this statement to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

The usual rule applies: only those who have been here for the statement should stand to ask a question. I call the shadow Home Secretary.

--- Later in debate ---

[Hon. Members]

More!

[James Cleverly]

The calls for more from the right hon. Lady’s own Back Benchers are well placed. I was hoping that she would speak for longer, so that she would eventually get around to giving us some comments about the Bill, or the policy, or giving us some clue about what on earth Labour would do.

It is quite interesting that, once again, we see the mask slip on the Opposition Benches. The right hon. Lady was critical about the financial arrangement that goes hand in hand with the agreement that we have come to with Rwanda. It is interesting that hers is the same party that was very critical of this Government when we were forced by circumstances to reduce our official development assistance expenditure. I just want to understand the Opposition’s thinking. They seem comfortable with the idea that the UK gives away money to countries such as Rwanda to help them develop, but they seem deeply uncomfortable when those countries actually earn the money by bringing forward reform. It is, I think, a rather distasteful state of affairs that they would like to view Rwanda exclusively through the prism of development and aid, but are deeply uncomfortable when a country like Rwanda earns the money.

The simple truth is that Rwanda is making huge progress in professionalising and strengthening its institutions, working alongside the UK and other international partners. I believe that we are duty-bound to support countries such as Rwanda when they play their part in addressing the issues that the world is facing. They are helping to resolve problems, rather than being part of a problem, and they deserve our thanks for doing so.

We will pursue this legislation, which supports a treaty that sees Rwanda strengthening its institutions and addressing some of the world’s most intractable challenges, and we support it as it is supporting us.

[Mr Deputy Speaker]

Can people please focus on asking a question and not making statements, and please can we hear the questions and the answers in silence? There is a lot of calling out on both sides of the House.

[Priti Patel (Witham) (Con)]

I thank my right hon. Friend for his statement. Clearly, he is becoming incredibly familiar with the legal challenges that the Government, the country and the nation face when it comes to migration issues. Can he give us details of the assessments that have been made as to whether the disapplication of the Human Rights Act and other laws is robust, will stand up to the legal challenges and, ultimately, will ensure the delivery and the implementation of this policy to curb illegal migration?

[James Cleverly]

The UK takes its international obligations incredibly seriously. The Human Rights Act is, in part, being disapplied through this legislation. We were, of course, one of the founding members of the European Court of Human Rights and we regard it as an important institution, but, like many post-war institutions, it would benefit from evolution and updating. I made that position clear when I was Foreign Secretary.

The point is that we want to make sure that a country, Rwanda, which is working with us, strengthening its institutions and seeking to do the right thing by both European refugees and African refugees, is supported in doing so. We have a robust legal system and a robust parliamentary system here in the UK; we should have some more self-confidence in those systems and use our experience to help capacity building in partner countries such as Rwanda.

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

When the permanent secretary came before the Home Affairs Select Committee last week, he was unable to tell us how much is being spent on the Rwanda deal because Ministers have decided to update Parliament annually. Can the Home Secretary confirm today how much additional money will be provided to Rwanda in the light of the changes in the treaty, and whether he will update Parliament more often than once a year? We are looking forward to seeing the Immigration Minister at the Home Affairs Select Committee next Wednesday to ask him further questions; if, for whatever reason, he is not able to attend, will the Home Secretary attend in his place?

[James Cleverly]

Let me make it absolutely clear: we remain committed to our promise to publish the costs of the scheme on an annual basis. To make this absolutely clear to the House, too, the Rwandans asked for no additional money in connection with this treaty. None was asked for, none was offered and none was provided. We will update the House in the way we have committed to and I have no doubt that the Immigration Minister will come before the right hon. Lady’s Committee as promised.

[Mrs Natalie Elphicke (Dover) (Con)]

The Prime Minister said that he would not allow a foreign court to block his Rwanda plans—meaning, of course, the European Court of Human Rights—so can my right hon. Friend the Home Secretary explain why article 11(4)(a) of the treaty expressly requires Rwanda to enable migrants to make claims to that European Court?

[James Cleverly]

Throughout this plan, we have made it clear that we will remain in conformity with international law. The European Court of Human Rights does of course have an important role to play, but the point we have made is that there are many countries that are in disagreement with international courts, including the European Court of Human Rights. We are determined to do the right thing to deter the evil people smugglers, the slave traders, and those people who would seek to abuse and take advantage of vulnerable people, and to work with Rwanda, in conformity with international law, but being clear that we are not going to be deterred from acting promptly.

[Alison Thewliss (Glasgow Central) (SNP)]

Humpty Dumpty said, “When I use a word, it means just what I choose it to mean—neither more nor less.” Just by saying that Rwanda is a safe country does not make it so. Legislating does not make it so. The Home Secretary says that Rwanda is safe, yet somehow his treaty says that we will accept asylum seekers from Rwanda—from that safe country—so it is both safe and unsafe. He says that he respects the assessment of the Supreme Court, but he is here today to override it. His treaty says that they will not remove children, but the treaty is full of provisions for what happens when children do end up in Rwanda. He says that human rights are important, but they are not there for everybody, and he seeks to disapply them.

The Home Secretary comes here today while the Rwandan Minister says:

“It has always been important to both Rwanda and the UK that our rule of law partnership meets the highest standards of international law, and it places obligations on both the UK and Rwanda to act lawfully. Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership.”

So if this deal does break international law and our treaty obligations, the deal fails to exist. [Interruption.] The Home Secretary says it does not, but it is not a matter in which they can just overlook the human rights convention, the refugee convention and all those other conventions and disapply them when it suits. International law does not work that way.

This is an assault on human rights. We should not let this stand from this House, because human rights are universal and they are for everybody, not who the Home Secretary thinks they should apply to. This Bill is a dangerous distraction; it is part of a march towards fascism. Every single piece—[Interruption.] I do not say that lightly, Mr Deputy Speaker. I do not say these things lightly. Does the Home Secretary believe that human rights are universal or does he not? That is the key question on this legislation, because we have been told, on every piece of legislation we have passed so far, that it would be a deterrent, yet none of them has worked. This illiberal, toxic piece of legislation today is supposed to be a deterrent, when all the others have failed.

The Home Secretary’s plans for Rwanda have been found to be unlawful. They are immoral. They are a waste of money. They should be scrapped. Scotland wants none of this—none of this—appalling legislation.

[James Cleverly]

It is a shame that the hon. Lady’s comments are clearly based on what I can only assume is a cursory and superficial skim of the legislation. She criticises it for a number of things that are not in the legislation, so I will forgive her for the fact that she did not take the time to read it properly. We are absolutely committed to human rights. We were one of the founders of the European Court of Human Rights and our commitment to abide by international law is unwavering. It underpins the relationship we have with Rwanda and I can assure her that it will remain at the forefront of our thinking throughout. And she might reflect on the appropriateness of throwing the word fascism around when we are bringing forward a Bill on which every Member of this House will be allowed to vote, because we are in a democracy.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The new Home Secretary will be aware and welcome the fact that he will be gauged, indeed judged, on the effectiveness of this legislation for weeks, months, years and perhaps even decades. Will he confirm that the provisions in the Bill are sufficient to resist individual challenges from those who might be sent to Rwanda, and the interest groups and the deluded dodgy lawyers who support them? In particular, will he speak specifically about the disapplication of rule 39?

[James Cleverly]

The right is for Ministers to decide on our response to a rule 39 application. That is in the Bill. My right hon. Friend is right that this sets important precedents. The precedent we want to establish is that the people who wish to live and work in this country should do so through the numerous safe and legal routes that we have established; that those people who put themselves in the hands of evil, vile criminal gangs and people smugglers should not expect to be here; but that we work with safe third countries, such as Rwanda, to ensure that those people who are removed from here still have their human rights respected and are homed in a country that respects their human rights. That underpins the Bill, that underpins the treaty that the Bill supports, and that runs through the heart of all the actions and decisions we will make in our response to illegal migration.

[Tony Lloyd (Rochdale) (Lab)]

The United States Department of State’s annual country report on Rwanda says that among its human rights issues are unlawful killing, arbitrary killing, cruel, inhuman or degrading treatment, and torture by the Rwandan Government. By what token does the Home Secretary judge that Rwanda is a safe country? Should he not, actually, hang his head in shame?

[James Cleverly]

The Supreme Court, when it handed down its decision, focused on two elements of the situation in Rwanda. One was about the capacity of its judicial system, in particular with decisions on refugees. We have worked with Rwanda to improve that situation. The treaty underpins the fantastic work the Rwandans have done with us and others to strengthen their institutions. The judgment also spoke about the fear of refoulement, and the treaty will ensure that that will not happen.

I was also struck that the Supreme Court, in its judgment, made heavy reference to the United Nations High Commissioner for Refugees. The UNHCR was critical of Rwanda, and yet on the day after the judgment was handed down by their lordships, it flew 160-plus refugees to Rwanda. I judge it by its actions, not necessarily by its words. Rwanda has made huge progress with our help and that of others, so it is now in a situation where it can sign a treaty that protects refugees sent there. I am very confident that that will be the case.

[Dr Liam Fox (North Somerset) (Con)]

It is long overdue that we got to grips with the current levels of both legal and illegal immigration in this country, and that is what our voters expect us to do. I congratulate my right hon. Friend on bringing proposals before us, unlike the intellectual vacuum of the Labour party. Can we be clear that when it comes to the boats crisis, the fault does not lie with those who try to seek a better life for themselves and their families, but with those who trade in human beings? Does my right hon. Friend agree that there is a moral imperative to break the business model of the people smugglers, no less than there was a moral imperative to break the evil of slavery at the time? Should not all of us who believe in human rights dedicate ourselves to that end?

--- Later in debate ---

[James Cleverly]

My right hon. Friend is absolutely right. We do not do this because it is easy, or because it is convenient; we do it because it is incredibly important. If, collectively, the UK and other European countries do not address the issue of people smuggling, the winners will be the people smugglers; the losers will be the people who are manipulated by the people smugglers, the ones who are robbed, beaten, raped and murdered, or who drown in the Mediterranean or in the Channel. Those are the people we are trying to help by bringing in a structure that breaks the business model of the people smugglers. The vacuum that he talks about on the Labour Benches means that the silence when it comes to ideas is deafening. Opposition Members choose to oppose at every stage, but they do nothing—nothing—to address the evil of our time.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I am sure, Mr Deputy Speaker, you will soon be updating us on when the next personal statement might be made to the House.

Those in Kigali appear to understand and agree with Winston Churchill. The point of international treaties and the European Court of Human Rights was to tackle oppressive Governments and the things they did to citizens. We do not sign up to international treaties just on immigration law, so a change to anything in our relationship with the European Court of Human Rights will have an impact, potentially, on the trade and co-operation agreement, because that specifically states that if we end judicial co-operation, there would be a problem. The Good Friday agreement also has the ECHR at the heart of it. Will the Home Secretary therefore tell us what conversations he has had with the European Union and the Irish about this legislation?

[James Cleverly]

This legislation does not change our relationship with the ECHR.

[Shailesh Vara (North West Cambridgeshire) (Con)]

Some in this House take the view that our proposals are not the way to treat asylum seekers. Does my right hon. Friend agree that the people we are talking about are arriving in this country from a safe country, France, and are mostly young men in their 20s and 30s who come here as economic migrants and not asylum seekers? It is important that that point is recognised.

[James Cleverly]

This country has always been, and remains, incredibly generous to people who are fleeing persecution and seeking safe haven. We will continue to provide that, but it is also right that many people who attempt to come to this country do so to get a better economic life for themselves. As my right hon. Friend the Member for North Somerset (Dr Fox) said, we do not criticise people who seek to come to this country for economic reasons, but we make it clear that there are safe and legal routes for them to do so. This is about breaking the business model of evil people smugglers who prey on the people my right hon. Friend the Member for North West Cambridgeshire (Shailesh Vara) speaks of. We are duty-bound to explore every way of breaking that evil model and that evil trade in human misery to ensure that we protect the people who need protecting by working with countries such as Rwanda that seek to do the right thing on the world stage.

[Janet Daby (Lewisham East) (Lab)]

Government briefings suggest that the Government wanted to go further with the Bill but the Rwandan Government stopped them. How does the Home Secretary feel about being legally constrained by President Kagame?

[James Cleverly]

That speculation is not accurate. Within the whole of this negotiation, we have always made it clear that we would work within the boundaries of international law. Rwanda takes international law just as seriously as we do, which is why we are both completely comfortable that these proposals are within the bounds of international law.

[Richard Graham (Gloucester) (Con)]

Over the past few years, we have taken over half a million refugees from different parts of the world—women, children and others—from countries in extreme difficulties. Does my right hon. Friend agree that if we can stop people being trafficked across the channel in small boats, we may well be able to help more of those who are genuinely in the most danger?

[James Cleverly]

My hon. Friend is absolutely right. It is so important for us to break the trade in human misery being perpetrated by the people smugglers. This is a generous country. We do not want the people smugglers to abuse and erode that generosity. That is why getting this right and working with Rwanda is so important, and why I am proud of how hard the Rwandans have worked to ensure that their institutions are robust, fair and impartial.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I want to know how much this shambles has cost the British taxpayer so far and how much it will continue to cost us. The treaty means that we would be obliged to support someone in Rwanda for up to five years. What estimate has the Home Secretary made, under the terms of the treaty, of how much it will cost to support just one person for the full five years?

[James Cleverly]

Again, I find this rather strange. As the House knows, I have already answered that in saying that it will be reported in accordance with the commitments that have already been made. However, I do think it is interesting how uncomfortable Opposition Members are with our having a partnership with an African country rather than an aid relationship. The mask has slipped on how the Labour party views countries such as Rwanda, which are advancing and developing and which seek to be treated as partners rather than just recipients of aid.

[Harriett Baldwin (West Worcestershire) (Con)]

The UK-Rwanda partnership is a long-standing one. I first went to the country 15 years ago and have returned many times since, including when I was serving as Africa Minister. How many of the Opposition Members who are railing against the deal or the judges who have criticised the deal have been to the now Commonwealth country of Rwanda?

[James Cleverly]

My hon. Friend asks an incredibly important question. I have recently returned from Rwanda. I have had extensive dealings with the Rwandan Government—a Commonwealth partner, as she said. It is a country whose political leadership in many, perhaps most, cases have themselves been refugees. They have huge pride in their country and a plan to see it genuinely step up and be a serious player on the world stage. This partnership with the UK is part of Rwanda’s plan for development and advancement. We should support countries such as Rwanda, which are seeking to solve the world’s problems rather than being part of the world’s problems.

[Christine Jardine (Edinburgh West) (LD)]

I am afraid that I have heard nothing from the Home Secretary today that persuades me that the Rwanda policy is anything other than immoral, expensive and unworkable. Earlier today, his predecessor told the House that she believed that if the policy did not work, the Conservative party would face “electoral oblivion”. I wonder whether the Home Secretary accepts that it could be facing that situation because the policy is unworkable.

[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.

[Clive Efford (Eltham) (Lab)]

Can the Home Secretary confirm that he went to Rwanda intending to get a treaty that went much further than he has been allowed to go, and that what stopped him was that the Rwandan Government refused to be party to a treaty that did not recognise international law and conventions? What does it say about taking back control when Rwanda is dictating his immigration policy?

[James Cleverly]

The hon. Member’s question started with an error, and got worse from that point onwards. The simple fact of the matter is that we have been working with the Rwandans. They do not dictate to us, and we do not dictate to them. We negotiate in good faith, as mature democracies tend to do.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I thank the Home Secretary for his efforts to tackle a problem that is of great concern to my constituents in Sleaford and North Hykeham, and I welcome the assertion of parliamentary sovereignty because many of my constituents have questioned how courts can tell us what to do. However, there is a provision, as he says, for individual claims. Can he tell me in what circumstances such an individual claim could expect to be successful, and how long that and the appeal process would be expected to take?

[James Cleverly]

The provision for individual claims is nothing to do with the safety of Rwanda, and that is the important distinction that needs to be made. Of course, there do need to be provisions for appeals—that is a normal part of any judicial or legal process—but the point is that in this Bill we are taking a huge step forward in our ability to work with Rwanda on refugee assessment, administration and ultimate relocation.

[Hywel Williams (Arfon) (PC)]

The ECHR is fundamental to the operation of our Senedd in Wales. Has the Home Secretary taken full account of the danger that his proposals may deal a fatal blow to devolution as it is at present?

[James Cleverly]

We have no intention of leaving the ECHR, so the hon. Member’s concerns are unwarranted.

[Paul Holmes (Eastleigh) (Con)]

The Home Secretary has delivered his deal with his typical efficiency and transparency, and that should be welcomed, but one key aspect of immigration policy is the fast processing of claims in this country. Will he outline the progress the Government have made in that regard, and can he tell me and the House how it goes hand in hand with the Rwanda policy?

[James Cleverly]

My hon. Friend is absolutely right that this is part of a plan that has a number of elements. The speedy processing of asylum claims here in the UK is an important part of that. There has been a tenfold increase in the pace of asylum decisions, which is really important. That relieves pressure on asylum accommodation, which I know something about as the MP representing Wethersfield. We are absolutely determined that this plan, in conjunction with the other elements of our migration plan, will stop the boats, gain control of our borders and ensure that people know that those who come to the UK have done so through safe and legal routes, are adding to our society, are contributing to our economy, and know that they will be welcomed when they arrive.

[Sir Chris Bryant (Rhondda) (Lab)]

The Home Secretary has twice refused to answer the question of whether the Immigration Minister has resigned—but he has, hasn’t he? Has he resigned because he thinks that this policy does not stand an earthly chance of working, or has he resigned because he is embarrassed that a British Government would actually put Ministers above the law? In other words, has he resigned because he thinks this policy is crazy or because he does not think it is crazy enough?

[James Cleverly]

The hon. Gentleman always has an amusing turn of phrase, but his question is not one for me. If he wants to know what any particular Member of the House is thinking, he should ask that Member of the House.

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

I echo the Home Secretary’s praise of the patience shown by Rwanda, whose integrity has been severely impugned by those who oppose the treaty. The Strasbourg Court recently said that it was going to reform rule 39 indications, acknowledging their weaknesses. There would not be anonymous judges giving rulings, they would only be used in extremis and the Government would be allowed to put their case to weigh up the evidence. Rule 39 indications did not form part of the original European convention on human rights in any case, so how confident is my right hon. Friend that challenges to Rwandan deportations will not now fall foul of rule 39 interim orders under the terms of the new treaty?

[James Cleverly]

My hon. Friend makes an incredibly important point, which proves that, when the UK makes our case in international institutions such as the ECHR and others, we are listened to, our views are respected and changes are made. That is why reform of these institutions is important and is done, often because of the points that the UK makes. He is absolutely right: the legislation that supports the treaty, which is the really important element of this, will mean that we are much better able to send people who should not be in the UK to Rwanda for their asylum applications and to start a new life in a country that is increasingly well prepared humanely and effectively to home them.

[Imran Hussain (Bradford East) (Lab)]

The reality is that the Government are making a mockery of international law and playing with people’s lives. The Home Secretary referenced his plans to tackle illegal migration, but his plans for legal immigration are just as draconian. Doubling the minimum income requirement for family visas to £38,700, knowing full well that hundreds of thousands of families will be torn apart, is nothing less than calculated, vindictive and punitive. Is the Home Secretary really prepared to tear up international law and tear families apart just so that he can throw some red meat to his hard-right Tory Back Benchers?

[James Cleverly]

We are not breaking international law.

[Bob Blackman (Harrow East) (Con)]

Clearly, the most important thing about this proposal is to deter desperate people from leaving a safe country and making the riskiest journey possible across the busiest sea lane in the world. Can the Home Secretary update us on the position? The message that needs to go to the people smugglers and those desperate people is: “If you make this desperate journey you will be removed to Rwanda, a safe country, for processing”—and this is the key point—“from now on, not in many months’ time.”

[James Cleverly]

My intention, and the intention of the Government, is to ensure that this is operationalised as quickly as possible. My hon. Friend makes an incredibly important point: those people who have been smuggled across Europe by these people smugglers find themselves on the coast of France, a safe, prosperous and welcoming country, and are encouraged by those evil people smugglers to get on increasingly fragile and unseaworthy vessels to try to cross the busiest shipping lane in the world, at huge personal risk, in order to come to the UK. The message that they have to hear is, “Do not make that dangerous journey, because you will not be able to stay in the UK. If you want to come and live and work here, do so by the safe and legal routes that are available to you.”

[Chris Stephens (Glasgow South West) (SNP)]

The Home Secretary has continuously said that this Bill complies with international law. How does he square that with the statement on the front of the Bill that he is

“unable to make a statement that, in my view, the provisions of the Safety of Rwanda (Asylum and Immigration) Bill are compatible with the Convention rights”?

[James Cleverly]

Because what the statement on the front of the Bill says is clear—the words are unambiguous —but I am also absolutely certain that we are in accordance with international law. The two are not interchangeable.

[Kevin Foster (Torbay) (Con)]

As I know all too well, it is easy to throw rocks and criticise from the sidelines on immigration; it is a lot harder to actually get on and deliver something. What has been published today brings up questions about the law and how it will be implemented —the practicalities of getting people to Rwanda—and a couple of points came to mind. First, if someone does appeal, would that appeal be non-suspensive of their transfer to Rwanda so that they could still be removed, pending a final decision on their claim? Secondly, on getting planes off the ground, we cannot put someone on just any plane to implement this, so has the Home Secretary raised with the Ministry of Defence the prospect that its aircraft might be used for the transfer?

[James Cleverly]

As my hon. Friend will understand, I do not want to go into too much detail about all the operational procedures at this point, but I can reassure him that we are thinking about the logistics. Within Rwanda, there is a well-matured process whereby people can escalate their claims in a way that is completely consistent with international law. The Rwandans are very keen to demonstrate their conformity with international law, just as we are.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Four days before International Human Rights Day, it is shameful that we are seeking to disapply parts of the Human Rights Act for a certain group of people, and it make me feel incredibly sad. Does the Attorney General agree that the Rwanda treaty complies with international law, and can we see her written advice?

[James Cleverly]

As the hon. Lady will know, the advice of the Attorney General—who is not in her place any more—is for Government. The Government have made it clear that this is in conformity with international law.

[Paul Bristow (Peterborough) (Con)]

Will the legislation mean that it is the British Government, elected by the British people, who determine who comes to this country and in what circumstance, free from international and domestic judicial challenge and individual judicial review?

[James Cleverly]

The point is that it is the job of this Government to make decisions about immigration policy. I reinforce the point that we are a generous country—we have proven that over and over again. We are an open-minded and generous people. This House reflects the attitude of the British people, which is one of generosity, but we also expect people to play by the rules. That is embodied in this piece of legislation, and I can confirm that our view is that it is the voice of this House that should determine our immigration policy, not anyone else.

[Ashley Dalton (West Lancashire) (Lab)]

The Home Office safeguarding Minister, the hon. Member for Newbury (Laura Farris), has confirmed on air that the Immigration Minister has resigned. Can the Home Secretary confirm that? Did he know about it?

[James Cleverly]

That has been confirmed. I regularly speak to Ministers in the Department but, ultimately, these questions should be about the Bill rather than individual Members.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

If the Immigration Minister, who is a good man, has resigned over this Bill, that is deeply worrying. I want to hear the verdict of the star chamber chaired by my hon. Friend the Member for Stone (Sir William Cash) but, while we await that verdict, the Home Secretary pointedly ducked several questions about individual appeals. Every person we would seek to send to Rwanda is an individual. If they can continue to appeal and appeal in order to delay being put on a flight, what is the point of the Bill?

[James Cleverly]

The point is that all legal and judicial processes have an appeal process. By extension of my right hon. Friend’s argument, the point that there is an appeal process in UK criminal law, for example, would mean that no one ever goes to prison, and my right hon. and learned Friend the Secretary of State for Justice has just been discussing prison places.

The point is that an appeal process is an important part of any legal process. It will not preclude people from being sent to Rwanda. This is a robust scheme that strengthens our position and ensures that the decisions we make in this House—that he, I and others make in this House—define the UK’s immigration policy, not decisions made by unelected people elsewhere.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I remind the Home Secretary to face forward, so that his voice is picked up more easily and so that people can see him.

[Jim Shannon (Strangford) (DUP)]

The Home Secretary and the Government will be aware that there has been some surprise at the reciprocal agreement to welcome Rwandan refugees to the United Kingdom. How can he demonstrate the safety of Rwanda as a third country while simultaneously accepting the conditions that produce refugees?

[James Cleverly]

The hon. Gentleman asks a very important question. This part of the treaty reflects the previous memorandum of understanding that has been in place for some time, and it is particularly tied to non-refoulement. It is envisaged that it will be used only in very exceptional circumstances, as I said in my statement. If there are circumstances where, for whatever reason, a refugee we have sent to Rwanda cannot remain there—these will be exceptionally rare cases—the only place they can be returned to will be the UK.

[Richard Drax (South Dorset) (Con)]

Does my right hon. Friend agree that all these human rights laws were simply not designed for the massive problem of illegal, mainly economic migration that we face today, and that a review is urgently needed?

[James Cleverly]

These frameworks, of which we were a founding nation, were designed to deal with some of the issues we saw in the mid-20th century, with often large numbers of people moving relatively short distances for a limited period of time to flee either persecution, abuse or conflict. We are now living in fundamentally different circumstances. There is an industrial-scale attempt to use those important, well-intentioned laws and frameworks to facilitate an evil trade, the like of which we probably have not seen since the dark days of the international slave trade. It is incumbent upon us to put in place frameworks that protect those people who are being manipulated, smuggled and abused by people smugglers. We are seeking to do that with our friends in Europe, Africa and other parts of the world.

[Rachael Maskell (York Central) (Lab/Co-op)]

If Rwanda is a safe jurisdiction, as the Home Secretary is trying to legislate to say that it is, can he explain why he believes there needs to be a provision in his Bill to override the powers of the courts?

[James Cleverly]

The Supreme Court judgment to which we are responding highlighted two particular areas, and the treaty addresses both those areas. It is the actions that Rwanda has taken in regard to strengthening its institutions and the commitment it has made to non-refoulement that will enable us to say in the Bill, reflecting on the treaty, that it is a safe country for these purposes. As I said in my response to an earlier question, the UNHCR relies on Rwanda for its refugee processing and it is therefore clear through its actions, if not its words, that it also regards Rwanda is a good partner for these purposes.

[Sir Bill Wiggin (North Herefordshire) (Con)]

Like the Home Secretary, my constituents want to welcome genuine asylum seekers such as the Ukrainians and the Afghans who now live in my constituency. He will have detected some disquiet on the Conservative Benches about potential elements of the Bill, so will he assure the House we will be able to offer amendments that may improve it, if necessary?

[James Cleverly]

The Bill will go through the House, and although we are seeking to do this at pace, it will go through the processes. I have no doubt that hon. and right hon. Members will want to put forward amendments and of course the Government will listen to all ideas that seek to improve the efficiency of the Bill.

[Mr Clive Betts (Sheffield South East) (Lab)]

Does the Home Secretary agree that our constituents would expect that, before we vote on any measure in this House, we thoroughly understand what it is going to cost? In the end, it is not our money we are spending; it is their money. Coming back to a question that he did not answer before, will he give a figure for how much it will cost this Government—our constituents—for each asylum seeker sent to Rwanda for the whole five years they are there? If he will not give us a figure now, will he agree to give a figure before we are asked to vote on the Bill?

--- Later in debate ---

[James Cleverly]

The Government have committed to releasing the figures on an annual basis—[Interruption.] The point I would make to the House on dealing with migration, securing our borders and tackling international criminal gangs is that none of these things are for free. We do these things because it is the right thing to do. The money that this country spent on the West Africa Squadron of the Royal Navy to break the international slave trade was not a small amount of money, but it was the right thing to do. It broke an evil trade and we are committed to breaking this evil trade.

[Sir Christopher Chope (Christchurch) (Con)]

Will my right hon. Friend pay tribute to the Immigration Minister, who has apparently just resigned, and thank him for all the hard work he has put into trying to resolve these issues over several years, including working on this Bill? Does my right hon. Friend feel that the Government will be inhibited in their implementing of the Bill by the absence of the Immigration Minister? Will he also answer the concern that been raised on several occasions during this exchange—namely, that the Bill might be fine for dealing with the issue of Rwanda as a safe country in general but that it does not deal with the issue of individuals who might want to make claims based on their own individual circumstances on why they should not go to Rwanda?

[James Cleverly]

I have said from this Dispatch Box and in a number of other locations how much I value the work of the Immigration Minister. He has done a huge amount of work on this and in a number of other areas, and the work he has done to drive down small boat arrivals by a third has been absolutely instrumental. I have no doubt that the whole Government will work to ensure that this legislation achieves what I think we should all want to achieve, which is to break the business model of the people smugglers and to prevent people from being abused by them in an attempt to come and live in the UK.

[Joanna Cherry (Edinburgh South West) (SNP)]

From the point of view of those of us who believe in the rule of law, the separation of powers and the universality of human rights, there are at least three extraordinary things about what the Home Secretary has said this evening. First, he says that he does not have confidence in the domestic courts of the United Kingdom because they cannot always be relied upon to do what he wants them to do. Secondly, he says that he will replace the jurisdiction of the domestic courts of the United Kingdom with ministerial fiat in relation to interim measures passed by a court presiding over a treaty to which we are fully signatories. Thirdly, as Jonathan Sumption has said, it is extraordinary for the law to say that the facts are other than they are, and then to oust the jurisdiction of the courts from determining whether that is the case. It is not just extraordinary; it is also not compliant with article 6, and of course the European convention on human rights is part of our domestic law by virtue of the Human Rights Act, which the Home Secretary is not repealing.

My question for the Home Secretary is this: is he proud of driving a coach and horses through the British constitution?

[James Cleverly]

What I am absolutely proud of is the fact that we are seeking to break the business model of the people smugglers. We recognise that, as the threat from organised criminality and the tactics of people who prey on the weak and vulnerable and put their lives at risk evolve, so our response has to evolve. This is an international problem, and we are resolving it through international relationships. I am proud of the work that Rwanda has done to reform its institutions, with our support and the support of others. We on this side of the House will not rest until the people-smuggling gangs have been broken.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

I have been listening carefully to the questions from Opposition Members, and there have been a good many references to human rights, but surely the ultimate human right is the right to life. Does the Home Secretary agree that once this legislation is passed and comes into effect, fewer people will go to a watery grave in the English channel?

[James Cleverly]

My right hon. Friend has made a fundamental point. Every story I read of people who have drowned in the channel or the Mediterranean because their desire for a better life has been manipulated by criminals is heartbreaking, as I am sure it is for every Member of the House, and we are duty-bound to do something about it. Hand-wringing and stone-throwing from the Opposition Benches will not save those people’s lives, so we choose to take action. We choose to break the criminal gangs, and we are working with international partners in Africa, on the continent and elsewhere to break the business model of those gangs. Opposition Members can either help, or they can stand aside while we try to do the right thing and prevent people from dying in the seas.

[Lilian Greenwood (Nottingham South) (Lab)]

The deputy chair of the Conservative Party has said that the Government should just ignore the law and send people back anyway. Does the Home Secretary agree with the deputy chair of his party, and if he does, can he tell us when the Conservative party became the party that ripped up laws and supported disorder?

[James Cleverly]

We absolutely abide by international law.

[Robin Millar (Aberconwy) (Con)]

Immigration, by any admission, is a complex, long-standing and developing challenge. I have listened carefully to the concerns, the obstacles and the different perspectives that have been raised this evening through questions, and I have also noticed the confidence with which my right hon. Friend has answered many of those questions. May I ask him to look ahead and say when he expects to be able to return to the House and declare the Bill a success?

[James Cleverly]

The timing of the passage of any Bill is in the hands of the two Chambers of this Parliament. We are not in control of the total timescale, but of course we are determined to move quickly. Every day that we delay in addressing the criminality of organised criminal people-smuggling gangs, more people’s lives are put at risk. We intend to work quickly, and we seek the support of their lordships to move quickly, so that we can get a grip on this terrible situation and so that this set of proposals, in conjunction with the others that we are already implementing, can break the model of the people-smuggling gangs, save lives at sea, and encourage people who want to come to live and work in this country to do so by means of the numerous safe and legal routes that we have in place.

[Stephen Farry (North Down) (Alliance)]

I am opposed to the entirety of the Bill on policy grounds, but, as a Northern Ireland MP, I have a particular duty to highlight the importance of the Human Rights Act to the Good Friday agreement, especially in respect of policing and justice reform; to article 2 of the Windsor framework; and to the policing and justice chapter of the EU-UK trade and co-operation agreement. May I ask the Home Secretary what steps his Department has taken to screen this policy and this Bill against all three of those?

[James Cleverly]

We are absolutely committed to maintaining peace in Northern Ireland. It is something that many people have spent their whole political lives pursuing and protecting. I assure the hon. Gentleman that we will always seek to protect the peace that so many people have worked so hard to bring.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Rwandan Foreign Affairs Minister Biruta has said tonight:

“Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership.”

Without lawful behaviour, Home Secretary? It is being reported in the press that the Rwandan Government are getting cold feet because this deal is too toxic for them. Is that the case?

[James Cleverly]

No.

[Peter Grant (Glenrothes) (SNP)]

The Home Secretary wants us to take great comfort from the fact that the treaty with Rwanda will be binding in international law. Then, in the next page of his statement, he assures us that next week he will bring in legislation that will, in certain circumstances, make it a legal requirement for British courts to act contrary to that same international law. How can he expect Rwanda to comply with its treaty obligations when his Government will pick and choose what treaties they comply with and what treaties they tear up?

[James Cleverly]

We will absolutely remain in compliance with international law.

[Alex Cunningham (Stockton North) (Lab)]

The Home Secretary has used some choice language in this place, and in recent times he associated a particular favourite word of his to his own Government’s Rwanda policy. What specific changes have been made for him to become such a robust defender of it now?

[James Cleverly]

I am not quite sure what the point of that question was, Mr Deputy Speaker. If the hon. Gentleman really wishes for me to do so, I can clarify the points I made that he refers to, but I suspect that he does not really want me to.

[Richard Foord (Tiverton and Honiton) (LD)]

In her personal statement this afternoon, the former Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), said that she had been unable to obtain the support of other Government Departments for her preferred method of dealing with applicants for asylum. She said:

“we must build Nightingale-style detention facilities to deliver the necessary capacity… The only way to do this…is with the support of the Ministry of Defence.”

Russia is on manoeuvres, more than 20,000 British troops are being deployed across northern Europe next year, and the Conservative Government are seeking to shrink the Army to 73,000. Does the Home Secretary, who was the Foreign Secretary last month, think that our armed forces should be training for war or for kettling asylum seekers into camps?

[James Cleverly]

Again, I am not at all sure how that question has anything to do with the proposals that we have put forward, but the hon. Gentleman will know that this party of Government will always support strong defence of this nation, unlike the Opposition parties.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

It is clear to the country that the Government are riven with division and chaos on this issue. Some still think that these plans are batshit, and some think that they do not go far enough, including the Immigration Minister, who has resigned. In an earlier answer today—

--- Later in debate ---

[Neil Coyle]

Okay. In an earlier answer, the Home Secretary said that the Immigration Minister would be attending the Home Affairs Committee next Wednesday. Given that he has been embarrassed by his own team today, who will now be attending the Committee to take questions on this issue? Will it be him?

[James Cleverly]

It will be the Immigration Minister.

[Mr Deputy Speaker]

Thank you very much for your statement, Home Secretary, and for answering questions for well over an hour.

[Alison Thewliss]

On a point of order, Mr Deputy Speaker. Accuracy is incredibly important in this House, and I would not want something incorrect to be on the record. The Home Secretary said in his statement:

“Other countries have since copied our plans with Rwanda”.

I can find no evidence that that is accurate. Can you advise on this point of accuracy, Mr Deputy Speaker, because no country is copying the plan with Rwanda?

[James Cleverly]

Further to that point of order, Mr Deputy Speaker. A number of countries are exploring third-country—

[Alison Thewliss]

So it is not true.

[James Cleverly]

I’m sorry?

[Alison Thewliss]

“Exploring” is not “copying”.

--- Later in debate ---

[James Cleverly]

A number of countries are exploring third-country asylum processing. The example that springs most rapidly to mind is Italy’s relationship with Albania.

[Alison Thewliss]

Further to that point of order, Mr Deputy Speaker. On a point of accuracy, those who are being moved to Albania will be under Italian law. That is not the case in the Rwanda plan.