Safety of Rwanda (Asylum and Immigration) Bill

Lord Bellingham Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Bellingham (Con)]

I want to pick up on three quick points before the Minister replies. First, on Amendment 75, I entirely agree with the noble Lord, Lord Hannay, that we had a very powerful speech from the noble Lord, Lord Browne of Ladyton, reinforced by the noble and gallant Lord, Lord Stirrup. I want to ask the Minister this question: if it is not possible to put it in the Bill, is it possible for the Secretary of State to make a firm pledge and commitment? I have had the privilege of doing two stints at the Foreign Office and have seen the extraordinary commitment of staff locally engaged by the British Council. In fact, in many of those countries, staff directly employed by the Foreign Office would be outnumbered, probably by 10 to one, by locally engaged staff, who are incredibly loyal to the Crown and this country, never more so than in Afghanistan, where we had not only a larger cohort of locally engaged staff than in most countries but the defence angle as well, with British-trained Afghan defence force members and special forces whom we trained. I urge the Minister to look at this seriously.

One point that occurred to me is that many illegal refugees who arrive in this country, asylum seekers, tear up their documents. Many of them deny all knowledge of where they have come from, and we have no idea who they are but, presumably, there should be documentary evidence of anyone who served the Crown in Afghanistan, or for that matter in any other country, or who we trained. We would have their names and details, so surely this problem could be solved easily.

I want to pick up on two other points. Like the noble Lord, Lord Alton of Liverpool, I know Rwanda and I imagine a few people have been there—I think the noble Lord, Lord Purvis of Tweed, is going there shortly. The noble Lord, Lord Alton, and I have made common cause on many issues around Africa for a long time. In a region of volatility, Rwanda is a beacon of stability. Would I have chosen Rwanda myself? Not necessarily. There has been a lot of criticism of Rwanda in this Chamber, but since His Excellency Paul Kagame, whom I know very well, took over as president, progress has been made around financial services, tourism and health. Human Rights Watch recently praised Rwanda for the abolition of the death penalty and the use of torture. Transparency International marked Rwanda five out of 47 in terms of corruption indicators. That country has joined the Commonwealth. If you visit Rwanda, you will see the extraordinary progress that it has made. It has signed a treaty that President Kagame has committed himself personally to uphold.

[Baroness Wheatcroft (CB)]

The noble Lord referred to Human Rights Watch. I assume that he has read its report on 2022, which stated of Rwanda:

“Arbitrary detention and ill-treatment in unofficial detention facilities were common”.


That may not fit with financial services thriving, but it does not point to a safe country.

[Lord Bellingham (Con)]

I share the noble Baroness’s concerns about Rwanda because there are many areas about which we can be highly critical, but if we listened to some of the criticism of Rwanda as a country not only in this Chamber but in the media and elsewhere, we would conclude that it was incredibly backward and dangerous, which it manifestly is not.

On the point that the noble Lord, Lord Kerr, made about Rwandan refugees specifically, Clause 4(1) states—the Minister can probably cover this:

“Section 2 does not prevent … the Secretary of State or an immigration officer from deciding … whether … Rwanda is a safe country”.


I humbly suggest that if there were a Rwandan asylum seeker here claiming asylum, they would be covered by that part of the Bill. I hope that the Minister will be able to reply to those three points.

[Lord Alton of Liverpool (CB)]

I would not want the noble Lord to proceed on the basis of believing that the JCHR, for instance, which I have been privileged to serve on, was critical of Rwanda. It is very much my view, too, that there has been progress made in Rwanda. What I was talking about before was the volatility within the region and how that can impact. Things changed dramatically in Rwanda, of course, leading to 800,000 people dying in the genocide there.

I draw the noble Lord’s attention to what the committee said on page 13. Talking about the Supreme Court, it said:

“Significantly, the Court did not hold that this was due to a lack of good faith on the part of Rwanda but rather ‘its practical ability to fulfil its assurances, at least in the short term, in the light of the present deficiencies of the Rwandan asylum system, the past and continuing practice of refoulement … and the scale of the changes in procedure, understanding and culture which are required’”.


Does the noble Lord agree?

[Lord Bellingham (Con)]

I respect enormously what the noble Lord says. I would just push back slightly. The RPF and Kagame have a huge amount of support. They are running a very strong Government and when that Government sign treaties such as this one, I am confident that they will do their best to uphold their terms. I look forward to carrying on and making concords with the noble Lord, and to what the Minister will say in a moment.

[Lord Falconer of Thoroton (Lab)]

My Lords, the power of this debate has been absolutely extraordinary. I think the House very much admires the noble Lord, Lord Sharpe of Epsom—the Minister—who looks to me like a man alone today. I very much hope that he will be able to produce something.

I support all the amendments. Listening to the debate, I was struck by one exchange which the noble Lord, Lord Purvis, started and the noble Lord, Lord Deben, followed up. I have wondered why the Government had drafted the Bill in the way that they have. By that, I have in mind its extraordinary beginning, which says:

“The purpose of this Act is to … deter unlawful migration”.


The next subsection begins “To advance that purpose—”, and then the Bill sets out the fact that this agreement has been entered into. This is obviously not there for political reasons only. It must be there to send a message to the courts that have to construe it. I am assuming—I very much hope that the Minister will confirm this—that it is in there not for political but for legal purposes. It is to send the message to the courts as to what the purpose and framework of the Bill is.

If that is right, I assume that what the courts are supposed to do is to construe this very unusual Bill in the context of its purpose. The courts are being asked, very unusually, to exclude the courts from determining whether Rwanda is a safe country. They are being asked to do that to deter illegal immigration. The exchange between the noble Lords, Lord Purvis and Lord Deben, underlined completely that there are certain categories of people where deterrence never comes into it—for example, the person who is being trafficked or the modern slave.

Presumably, having put all this material into the Bill, the Government intend that the courts should construe it in accordance with its purpose, giving an appropriately targeted meaning to these exclusions of court intervention. If it is absolutely apparent for an individual that deterrence could not possibly be given effect to by the Bill or its terms, obviously its unusual terms do not apply. Can the Minister confirm that the purpose of all these strange provisions—I have in mind Clause 1—is so that the courts have a very clear steer as to what the purpose is, and that they will construe the Bill in accordance with that purpose?