Safety of Rwanda (Asylum and Immigration) Bill

Debate between Kevin Foster and Michael Tomlinson

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[Kevin Foster (Torbay) (Con)]

The obvious reason why Rwandans are not covered by the Bill is because returning a Rwandan to Rwanda would take them to their home country, not a third country.

[Michael Tomlinson]

I am grateful to my hon. Friend, who has been closely following these proceedings not just throughout ping-pong but throughout his time in this role. He knows deeply the interplay and the interrelationship between the two countries.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Kevin Foster and Michael Tomlinson

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Michael Tomlinson]

I disagree entirely with all the points that the hon. Gentleman has made; I know that he is patient, and he will hear me respond to each and every one.

[Kevin Foster (Torbay) (Con)]

Like me, the Minister has always believed that immigration should be dealt with on a UK rather than a Great Britain basis, for obvious reasons. Given the comments that we have just heard, does he agree that there is plenty of precedent within our own law for deeming certain claims for certain citizens inadmissible? That has applied to the EU, and surely it is not a problem to extend it further, because we already have the principle that we can say a claim is inherently unfounded when a country is clearly safe.

--- Later in debate ---

[Michael Tomlinson]

No. Respectfully, I encourage the hon. Lady to listen to the debate, because I read out the words of the EU’s ambassador, not of any representative from Rwanda. That is a powerful independent voice, which is why I cite it here in this Chamber.

The implementation of all measures within the treaty will be expedited. Indeed, since our previous debate on this matter, the legislation required for Rwanda to ratify the treaty has passed through both Houses of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. The implementation of these provisions in practice will be kept under review by the independent monitoring committee, whose role was enhanced by the treaty and which will ensure compliance with the obligations as agreed.

[Kevin Foster]

Does the Minister recall that the Supreme Court judgment hinged on the issue of refoulement and not on whether or not refugees were safe in Rwanda? It might benefit some to have listened to its judgment.

[Michael Tomlinson]

I am grateful indeed to my hon. Friend; I will turn to refoulement and non-refoulement, and that important issue, which is exactly the basis of the Supreme Court judgment, and how we have met it through evidence from subsequent to the time when the Supreme Court was looking at the facts on the ground.

The implementation of these provisions in practice will be kept under review by the independent monitoring committee. As is stated clearly in clause 9 of the Bill, the provisions will come into force when the treaty enters into force, and the treaty enters into force once the parties have completed their internal procedures.

The Bill’s purpose is to make it clear that Rwanda is safe generally and that decision makers, as well as courts and tribunals, must conclusively treat it as such. The amendment as drafted would open the door to lengthy legal challenges, which will delay removal. It therefore follows that I cannot support the amendment. We are confident in the Government of Rwanda’s commitment, and I am clear that Rwanda is a safe country.

I turn to Lords amendment 3, which is also unnecessary. The Government will ratify the treaty only once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty. As I said, the legislation for Rwanda to ratify the treaty has now passed through both Chambers of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. It therefore follows that the Government of Rwanda would be required to give effect to the terms of the treaty in accordance with their domestic law as well as in international law.

In relation to the monitoring committee, it was always intended that the committee be independent to ensure a layer of impartial oversight over the operation of the partnership. Maintaining that committee’s independence is an integral aspect of the policy’s design. The treaty enhances the role of the previously established independent monitoring committee and will ensure that obligations to the treaty are adhered to in practice. The details of the monitoring committee are set out in article 15 of the treaty, and it, in turn, will report to a joint committee made up of both United Kingdom and Rwandan officials.

There will be daily monitoring of the partnership for at least the first three months—the enhanced period of time—to ensure rapid identification and response to any shortcomings. The enhanced phase will ensure that there is comprehensive monitoring and reporting and that that takes place in real time. The amendment risks disturbing the independence and impartiality of the monitoring committee and therefore should be resisted.

I turn to Lords amendments 4 and 5, and the issue of Rwanda’s safety. We have already touched on this, but it is clear that the Bill’s purpose is to respond to the Supreme Court’s concern and enable Parliament to confirm the status of Rwanda as a safe third country to enable removal of those who arrive in the United Kingdom illegally. To the point made by my hon. Friend the Member for Torbay (Kevin Foster), it is the treaty, the Bill and the published evidence pack that together demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair and lawful. The Government are clear that we assessed Rwanda to be safe, and we have published evidence to substantiate that point.

Oral Answers to Questions

Debate between Kevin Foster and Michael Tomlinson

Thursday 7th December 2023 Commons Chamber

[The Solicitor General]

First, I warmly welcome the hon. Gentleman to his place or, rather, back to his place, as I understand that this is his third outing in the shadow ministerial team. It is pleasing to see his predecessor, the hon. Member for Hammersmith (Andy Slaughter), whose name is on the Order Paper. We look forward to his question.

The shadow Minister will be interested to know that I recently visited the Insolvency Service, which is conducting investigations into the bounce back loan scheme and the like. We must remember that the covid lending schemes delivered just under £80 billion of finance in almost record time. It was called for from across the House and should be supported, but he is right that those who have committed fraud should be investigated.

[Kevin Foster (Torbay) (Con)]

2. What assessment she has made of the effectiveness of the Unduly Lenient Sentence scheme.

[The Solicitor General]

In 2022, my office received 819 requests to review unduly lenient sentences. Of those, 139 were referred to the Court of Appeal, and the sentence was increased in 68% of cases.

[Kevin Foster]

I welcome much of the work being done. As the Solicitor General will be aware, a serving Royal Navy sailor was the subject of a violent attack in Torquay when he attempted to stop a group of yobs stamping a bird to death, but the unduly lenient community sentences and small fines handed down did not reflect the gravity of the offence or provide any deterrent. What steps will the Government take to review the unduly lenient sentence scheme to cover cases such as that?

[The Solicitor General]

I am very grateful to my hon. Friend for his question. I know he has had a long-standing interest in this subject since even before he was a Member of the House, and I am grateful to him for holding the Government to account. He knows that the ULS scheme—the unduly lenient sentence scheme—is reserved for the most serious matters. It is right to say that we keep the scheme under review. I cannot promise or guarantee to my hon. Friend any imminent changes to it, but I am very grateful to him for raising that important case.

Oral Answers to Questions

Debate between Kevin Foster and Michael Tomlinson

Wednesday 7th December 2022 Commons Chamber

[The Solicitor General]

That pleasure falls to me, Mr Speaker. I am grateful to my hon. Friend for his kind words, as I know the Attorney General is. He is right to highlight the words of the Director of Public Prosecutions, and he will know that the Attorney General and I work closely with the director and listen carefully to what he says.

[Kevin Foster (Torbay) (Con)]

5. What assessment she has made of the effectiveness of the unduly lenient sentencing scheme.

[The Solicitor General (Michael Tomlinson)]

In the vast majority of cases, judges get sentencing right. The Court of Appeal grants permission to refer a sentence only in exceptional circumstances, and over the last five years the Court of Appeal has increased the sentence in around 70% of cases.

[Kevin Foster]

My hon. Friend will be aware that the recent publication of statistics regarding the operation of the unduly lenient sentencing scheme during 2021 indicated 151 referrals to the Court of Appeal. How many of those referrals under the scheme followed representations from the victim of a crime to the Attorney General’s Office about the sentence given, and what is being done to ensure that victims are aware of their ability to do that?

[The Solicitor General]

My hon. Friend knows a lot about the scheme and has long-term interest in it. Of those 151 cases, only eight were referred by victims and a further nine by a member of a victim’s family, and that is not just an aberration for that year; it is a consistent trend. We regularly publish updates on the outcome of these sentences, and the revised victims code includes details of the ULS scheme.

Deportation Flight to Jamaica

Debate between Kevin Foster and Michael Tomlinson

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

The offences all meet the threshold for deportation set under the 2007 Act by the Government the right hon. Lady was a member of. Their cases, including whether there are ECHR rights that apply, have been considered by the courts. We are clear that they have committed serious offences or been persistent offenders, who qualify under the Home Secretary’s legal duty. This is within the law, and, as we say, it is about criminality, not nationality.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Is not the point that there is a difference between foreign nationals who come to this country, who make a contribution and who are law abiding and those who are serious or persistent offenders? Can my hon. Friend confirm that the offences committed by those on the flight include manslaughter, rape, drug dealing and robbery? These are serious and persistent offenders.

[Kevin Foster]

Yes, these are all serious or persistent offenders. The offences committed by those on board include rape of minors, rape of adults and serious drugs offences. That is why we are required to issue a deportation notice.