Debates between Jeremy Wright and Michael Tomlinson during the 2019 Parliament

Mon 22nd Apr 2024
Safety of Rwanda (Asylum and Immigration) Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Jeremy Wright and Michael Tomlinson
Michael Tomlinson Portrait Michael Tomlinson
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My right hon. Friend might have heard a few words from the Prime Minister in that regard this morning, and that is exactly right. Specifically in relation to the amendment, however, I respectfully disagree with the noble Lord Hope. There is no obligation, whether in legislation or in the treaty, to send anyone to Rwanda, as my noble Friend Lord Sharpe has said. Article 4 of the treaty sets out clearly that it is for the United Kingdom to

“determine the timing of a request for relocation of individuals under this Agreement and the number of requests for relocation to be made”.

Jeremy Wright Portrait Sir Jeremy Wright (Kenilworth and Southam) (Con)
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Before my right hon. and learned Friend moves away from the treaty, could he help with some clarity on the relationship, as the Government see it, between the Rwanda treaty and this Bill? Specifically, is an assessment of Rwanda’s safety for the purposes of this Bill the same thing as compliance with the Rwanda treaty on the part of the state of Rwanda? If not, what is the difference? Does the concept of safety extend beyond compliance with the treaty, or is it solely limited to the question of compliance with the treaty?

Michael Tomlinson Portrait Michael Tomlinson
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As ever, I am grateful to my right hon. and learned Friend for his engagement, both inside and outside the Chamber. He has been a regular attender at these ping-pong sessions. The treaty is the operating legal instrument between the two international bodies, the United Kingdom and Rwanda. That is the status of that treaty. This Bill brings it into effect in law in this country. He knows about dealing with the system of dualism. In fact, he has appeared in the Supreme Court arguing these very points, so he knows in detail the differences between a treaty and an Act of Parliament. As I set out, there is no obligation within the treaty. It is plainly written in article 4(1) that the

“United Kingdom shall not be obliged to make any request for relocation under this Agreement.”

That means that the Government would not be obliged to relocate individuals under the terms of the treaty if, for example, there had been unexpected changes of circumstances. I know that that is something my right hon. and learned Friend has been concerned about.