Migration and Economic Development Partnership

Lindsay Hoyle Excerpts

Thursday 29th June 2023 Commons Chamber

[The Secretary of State for the Home Department (Suella Braverman)]

With permission, Mr Speaker, I would like to make a statement about the UK’s migration and economic development partnership with Rwanda.

The Government fundamentally believe that it is only by removing the incentive for people to take dangerous and unnecessary journeys that we will stop the boats and end the vicious cycle of people smuggling to UK shores. That is why my right hon. Friend the Member for Witham (Priti Patel) signed our groundbreaking migration and economic development partnership with Rwanda in April last year. The agreement allows individuals who arrive in the UK through dangerous, unnecessary and illegal routes to be relocated to Rwanda for the consideration of their asylum claim and to build a new life there.

I visited Kigali in March, meeting Rwanda’s President and Foreign Minister, and signing an update to our memorandum of understanding that would bring it into line with our Illegal Migration Bill. Rwanda reiterated its commitment and capacity to receive thousands of individuals, process their claims and provide them with excellent care before they are transitioned to longer-term accommodation, with all the necessary support and services. And it is why, under the terms of that agreement, we attempted our first relocation flight to Rwanda: to demonstrate that if you come here illegally, you will be removed to a safe third country for your claim to be processed.

Importantly, Rwanda is a country where the United Nations High Commissioner for Refugees itself operates an emergency transit scheme for migrants from Libya, and with which we have a robust agreement to protect asylum seekers from risk of harm. That first relocation flight was, unfortunately, frustrated by last-minute measures from the European Court of Human Rights in Strasbourg, which has had the effect of pausing flights while our domestic legal proceedings are ongoing.

In December, the Divisional Court of the High Court comprehensively upheld the lawfulness of the partnership, confirming that Rwanda was a safe country. That judgment was appealed to the Court of Appeal, which heard the appeal in April and handed down its judgment earlier today. I respect the Court and welcome the fact that it unanimously found in the Government’s favour on the vast majority of the appeals brought against the policy.

Unanimously, the Court of Appeal confirmed that removing asylum seekers to a safe country is entirely consistent with the Refugee convention, including article 31. The Court of Appeal found that it is lawful, in principle, for the Government to relocate people who come to the UK illegally to a safe third country; that the Government can designate countries as safe; and that our processes for determining eligibility for relocation are fair.

Unfortunately, two judges were of the view that there were deficiencies in the Rwanda asylum system that risked a breach of article 3 of the European convention on human rights. Importantly, their concerns were not that conditions in Rwanda would be unsafe, but that there was a possibility that they could be returned to other countries from Rwanda where they may suffer ill treatment. It is therefore simply incorrect to say that the Court has found that conditions in Rwanda make it unsafe for individuals there. The Court of Appeal has merely ruled that there is a risk of refoulement from Rwanda to other countries.

The Lord Chief Justice took a different view. Agreeing with the High Court, he held that there was no real risk of individuals being sent to unsafe countries. He cited the strong assurance given by the Rwandan Government, the fact that Rwanda does not have returns agreements with those countries, and the powerful protections provided by monitoring arrangements that would be in place. The result is that the High Court’s decision that Rwanda was a safe third country for the purposes of asylum relocation is reversed. We have a strong relationship with Rwanda. Both sides remain committed to the policy. Rwanda is a signatory to the United Nations conventions and has a strong track record of supporting refugees—including for the UNHCR.

This is a disappointing judgment, and we will seek permission to appeal it. We hope that the process will be swift. I am glad that the Court of Appeal has recognised in paragraph 16 of its summary judgment that it is an important consideration that should be dealt with in a timely fashion.

The judgment is disappointing for the majority of the British people, who have repeatedly voted for controlled migration, and for all those who want to see us deliver on our moral and democratic imperative to stop the boats. I am sure that all Members of this House would agree that the British public are compassionate, reasonable and fair minded. Since 2015, we have welcomed half a million people in need from all over the world, via our global safe and legal routes, as well as via our country-specific routes encompassing Ukraine, Hong Kong, Afghanistan and Syria.

But the British public are not naive. While our compassion to help people may be infinite, the public understand that our capacity to do so is finite and therefore precious. The British people will no longer indulge the polite fiction that we have a duty or infinite capacity to support everyone in the world who is fleeing persecution, nor anyone that would simply like to come here to improve their lot and succeeds in making it to our shores. That abuse is unfair on local communities forced to absorb thousands of illegal arrivals and the pressure on public services and social cohesion that this entails. It is unfair on taxpayers who foot the hotel bill—currently running to £6 million a day, and that could rise to £32 million a day by 2026—for people who have broken into this country.

It is unfair on those who play by the rules, and who want to see an asylum system that is fit for purpose, that our current system is exploited and turned against us by those with no right to be in the UK. It is unfair on those most in need of protection—particularly women, children, and those without the money to pay people smugglers—that our asylum system is overwhelmed by fit young men who have paid criminals thousands of pounds to smuggle them into the UK. It is unfair on people, and our partners in the developing world, that we in the west continue to maintain an asylum system so open to abuse that it incentivises mass flows of economic migration into Europe, lining the pockets of people smugglers and turning our seas into graveyards, all in the name of a phoney humanitarianism.

This is madness, and it must end. That that is why we, on the Government Benches, are committed to doing whatever it takes to stop the boats. The Government remain resolute that we will do exactly that, in partnership with Rwanda, and through changes to our law. That is the only way we will break the business model of the people smugglers, that is the only way we will save lives, and that is the only way we will stop the boats.

I commend this statement to the House.

[Mr Speaker]

I call the shadow Home Secretary.

--- Later in debate ---

[Suella Braverman]

I thank the right hon. Lady for her pre-prepared script as well—very well delivered. I have to say, she seems unusually upbeat today, which I find, frankly, quite odd, given that today’s judgment will be frustrating for the majority of the British people who have repeatedly voted for controlled migration, for all those who want to see this Government deliver on our promise to stop the boats. I cannot help but contrast that public sentiment of disappointment with her excitement and delight today. As so many of her colleagues on the Opposition Benches are cheering this decision, we see an opposite view here.

Today is a bad day for the British people. Today is a good day for the people smugglers. It is a good day for Labour. As ever from the shadow Home Secretary, there is no regard for the will of the British people. I know she sees the will of the British people as an inconvenience and an irritation, because her statement demonstrates that she simply has no empathy for the impact of illegal migration on local communities. She fails and refuses to recognise that those crossing by small boat are doing so illegally.

As ever from Labour, there is no alternative plan, and moreover, it does not care that it has no alternative plan. The truth is that our current system is rigged against the British people. That is why we are changing the law. The Labour party is perfectly content with this rigged system. Labour Members would like to keep it in place. That is why they are opposing our Illegal Migration Bill. That is why they would scrap our partnership with Rwanda. Rather than proposing any meaningful reforms to the asylum system, Labour would keep the system as it is to enable more people to come to the country illegally so that they can be settled into local communities more quickly. That is simply open borders masquerading as humanitarianism, and she should be honest with the British people.

I wonder if the right hon. Lady has actually read the judgment, given her gleeful disposition. Let me repeat some of it to her. Although the Court of Appeal did find by majority, with a dissenting view from the Lord Chief Justice, that there are deficiencies in the Rwandan asylum system, specifically relating to the risk of refoulement, all other grounds on which the appeal was brought were unanimously dismissed. That means the policy does not breach our obligations under the UN refugee convention and does not breach our domestic laws, as she and the Opposition have consistently maintained.

As I have said, we will seek permission to appeal the disappointing aspects of the judgment, but I think the British people will see quite clearly that, while we are trying to stop the boats, Labour has simply obstructed progress time and time again and has offered no solutions. The Prime Minister and I have promised to do whatever it takes to stop the boats; Labour has apparently pledged to do whatever it takes to stop us stopping the boats.

[Mr Speaker]

Order. This statement is about migration, not the Labour party. This is about what the Government are doing, I do not want to interfere or intervene, but we need to stick to what the statement is meant to be about.

[Suella Braverman]

In conclusion, in any event, while Labour continues to celebrate today’s judgment and continues to celebrate every obstacle in our way, we will not be deterred and will not give up. We will do whatever it takes to stop the boats for the British people.

[Suella Braverman]

My hon. Friend makes a good point, and I am grateful for his constructive input. The Illegal Migration Bill, which is currently making its way through Parliament, makes reference to and contains provisions relating to safe and legal routes, and we are in discussions about how and when those routes will be rolled out. They are an important element of our overall plan to stop the boats. It is vital that we support genuine claimants in need of support, which is why I am very proud of our track record of supporting and welcoming half a million people to the United Kingdom through humanitarian routes in recent years.

[Mr Speaker]

I call the SNP spokesperson

[Patrick Grady (Glasgow North) (SNP)]

I thank the Home Secretary for advance sight of her statement.

The Home Secretary says she is disappointed by the High Court’s decision, but is she not being a bit coy? Is she not delighted? Is this not exactly what the Government wanted all along? A fight with the judiciary, a fight with the House of Lords and triangulating the official Opposition, does this not play straight into their dog-whistle agenda? The human rights of people fleeing war, oppression and famine are simply an afterthought.

The economic impact assessment finally dragged out of the Government last week shows the eye-watering potential cost to the taxpayer of the Rwanda scheme and the wider implications of the Illegal Migration Bill. On top of the £120 million that the Home Secretary has already paid to Rwanda, why is she now determined to put even more cost on the public purse by further appealing this ruling to the Supreme Court? Or has that also been part of the plan all along? She says that her dream is of planes full of refugees taking off for Rwanda, but is she not actually dreaming of the opportunity to take the UK out of the European convention on human rights?

Scotland wants no part of the Tories’ hostile immigration environment. Despite the ludicrous claims of the Minister for Immigration earlier in the week, Glasgow and communities across Scotland are proud to welcome refugees. We need immigration to help develop our economy and enrich our society and culture, and we want to offer refuge to those who need it most.

While the Government refuse to devolve immigration powers to Scotland, they need to accept the court’s ruling that their illegal migration policies are themselves illegal. It is time to establish instead safe and legal routes for people who are fleeing wars, famine and climate change. At the very least, the Government need to pay attention to the amendments passed and about to be passed in the House of Lords. The Home Secretary urgently needs to respond to the Council of Europe’s anti-torture committee, which has found incidents of inhumane and degrading treatment of asylum seekers at the Manston facility. Ultimately, the message from the Court is clear: enough with the language of, “Stop the boats”, it is time to stop the Bill.