Safety of Rwanda (Asylum and Immigration) Bill

Lord Bishop of St Edmundsbury and Ipswich Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[The Lord Bishop of St Edmundsbury and Ipswich]

My Lords, as the 41st speaker, I will inevitably repeat or underline others’ points, but I will briefly make a couple of observations. I am struck that some noble Lords supporting the Bill nevertheless do so with a hint of equivocation, saying that it is not perfect or the final destination. In addition, I have not heard evidence that the proposal will work. The Minister commented in opening that progress had been made and the numbers of those coming across in boats had decreased. Why do we not put more effort into the courses that have enabled that reduction?

I do not think there is a single noble Lord who is not determined that the dangerous boat crossings of those seeking asylum in this country be stopped. Our valuing of and care for human life and the plight of those fleeing danger place a moral duty on us to work out a way to stop these perilous crossings and find a just and safe way for people to find refuge. We know from the Government’s figures that the great majority of those who have sought asylum in this country through this life-endangering method have had their applications upheld. We are not talking about people risking their lives without legitimate cause. We need to find, as a number of noble Lords have said, safe ways to achieve this goal with our European neighbours. This is a good moral purpose to which I believe we would all assent.

However, from every angle that I look at the Bill, it seems to have lost that moral compass. This continues to be a deeply immoral solution, treating victims as perpetrators and not providing a real, just and sustainable plan for the rapidly changing global refugee situation. I will touch on two related aspects of this.

First, His Majesty’s Government have signed a treaty with Rwanda which they believe addresses the concerns that led the Supreme Court to conclude that it was unsafe. The Government responded by arguing that the facts had changed and those changes are now expressed in the treaty with Rwanda. However, the International Agreements Committee asserts:

“Evidence that these arrangements have bedded down in practice is also needed”—


as a number of noble Lords have said—

“the Treaty is unlikely to change the position … in the short to medium term”.


Rather than testing the evidence through the courts, or possibly via the method referred to by the noble Viscount, Lord Hailsham, the Government have decided to introduce the Bill, which in reality dictates to the courts that they must treat Rwanda as a safe country. The use of Parliament as decision-maker in these circumstances is impractical and troubling. I see the Government’s approach as constitutionally inappropriate.

My second and more fundamental point is the constitutional danger of excluding the jurisdiction of the courts in future cases. Under these proposals, as we have heard, the courts would be required to ignore evidence that may emerge in future, thus removing their ability to protect. No Bill should place such limits on access to justice. This raises a serious constitutional issue and potentially, yet again, victimises the victims.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Bishop of St Edmundsbury and Ipswich Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

It is not a clause that respects our constitution, and, in that, it undermines our stability. By disapplying the Human Rights Act to some people, we disapply it to all of us, because we are saying that some people are worth more than other people. I find that, philosophically and religiously, wholly unacceptable. It is also unconstitutional; there is no argument that can maintain it. I rise only to say to my noble friends on the Front Bench that what my noble friend Lord Hailsham said applies to me and to very large numbers of other people. This party is not Conservative in presenting this Bill. Mrs Thatcher would never have produced it; no Prime Minister until two ago would have produced it. This is a unique situation, and the reason we feel so angry about it is that the name “Conservative” has been taken by those who do not have Conservative principles.

[The Lord Bishop of St Edmundsbury and Ipswich]

My Lords, it is a pleasure to follow the noble Lord from Suffolk. The most reverend Primate the Archbishop of Canterbury regrets that he cannot be in his place to speak to Amendment 36, tabled in the name of the noble Baroness who has just briefly left, and to which he has added his name. I will speak briefly and again repeat the moral point.

The amendment leaves out Clause 3, where the Bill disapplies large chunks of the Human Rights Act and replaces it instead with one very limited disapplication of the Act to allow the Secretary of State to lay positive UNHCR advice before Parliament. This seems a necessary corrective to the wider issues in the Bill and supports the other amendments tabled by the noble Baroness, Lady Chakrabarti, to Clause 1 of the Bill, to give the UNHCR a role in providing positive advice on the safety of Rwanda before any asylum seekers can be sent there.

As my right reverend friend the Bishop of London said at Second Reading, in this Bill the Government are effectively deciding to whom human rights apply and to whom they do not—and specifically that certain rights do not apply to asylum seekers. As she asked, has history not taught us the risk of this? It undermines the basis on which human rights are made: the principle of universality. At the heart of the faith that I espouse is a belief in the precious value of every human being, asylum seekers included. Clause 3 of this Bill, and the Bill as a whole, which I described at Second Reading as “immoral”, risks placing less value on some human beings than on others—and, as the noble Viscount, Lord Hailsham, said, that is a very slippery slope indeed.

[Lord Kerr of Kinlochard (CB)]

My Lords, I am absolutely not entitled to speak on the Human Rights Act, but I found that the arguments advanced by the noble Lord, Lord Kirkhope, rather convincing and attractive. The House should remember that the noble Lord knows whereof he speaks—he served in the Home Office with the relevant portfolio.

I want to put in a little word for the outside world. My name is on Amendment 31, which was so well moved by the noble Lord, Lord Scriven. The reason I was attracted to his amendment was not so much because the notwithstanding clause covers the Human Rights Act but because it also covers any interpretation of international law by a court or tribunal. Of course, we have international law defined in this Bill as

“the Human Rights Convention … the Refugee Convention … the International Covenant on Civil and Political Rights … the United Nations Convention against Torture … the Convention on Action against Trafficking … 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”—

a fairly wide definition.

Prohibiting the use of any arguments derived from international law as a way of trying to override the ruling—which all decision-makers, including Ministers, immigration officers, tribunals and courts, must abide by—that Rwanda is a safe country is a fairly major thing to do.

The legal adviser to the Foreign Secretary is probably the most important official in the Foreign Office—certainly more important than the Permanent Secretary—because they have the task of trying to ensure that what this country does and how it does it remains within international law. Sometimes that brings them into conflict with the Permanent Secretary, who dreams up all sorts of wheezes that the legal adviser rules out, and the Foreign Secretary automatically goes with the legal adviser.

I am talking not just of Foreign Secretaries such as Geoffrey Howe who knew their law, but Foreign Secretaries in general. Down the years, Foreign Secretaries in this country have tended to believe that respect for the international rule of law was in the UK’s interest. The idea that one can pick and choose, dine à la carte and say “Well, we’re not going to apply that bit” is extraordinarily dangerous. The habit could catch on. We have heard already in this debate how the Prime Minister of Pakistan has noticed what we are up to in this Bill and is using it as a justification for sending Afghans fleeing the Taliban back to Afghanistan. We are setting a very dangerous precedent.

Mrs Thatcher has been referred to. Whatever arguments officials such as myself put to her, she would always say “Well, we need to stick within the law”. When we lost cases, she would say, “We can appeal if you think we have a chance, but we must respect the outcome if we lose”. As we have this debate and watch the travails in the Conservative Party, hearing moving speeches such as those from the noble Viscount, Lord Hailsham, and the noble Lord, Lord Deben, there is a missed procession watching us: the Carringtons, the Douglas-Homes, the Howes—and I do wish Douglas Hurd could be with us. None of these people would have allowed a Government in which they had the privilege of serving to put forward a Bill which decided that international law could be set aside.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Bishop of St Edmundsbury and Ipswich Excerpts

Report stage
Monday 4th March 2024 Lords Chamber

[Baroness D’Souza (CB)]

My Lords, I will speak to my Amendments 10 and 43 in this group. I remain concerned about the potential constitutional fallout from this Bill, despite what my noble friend Lord Hannay has referred to as a “sterile” issue. There must be a reference to its remarkable impact on vital constitutional elements, such as the rule of law, the separation of powers and parliamentary sovereignty. Although these are probing amendments, such is the gravity of these possible consequences that they surely deserve to be noted, if not in the Bill then at least in the record of its passage.

The Supreme Court has stated unequivocally in a former judgment:

“The courts will treat with particular suspicion … any attempt to subvert the rule of law by removing governmental action affecting the rights of the individual from all judicial scrutiny”.


In this Bill, the Government are doing just this by writing into law a demonstrably false statement—that Rwanda is a safe country to receive asylum seekers—thereby forcing all courts to treat Rwanda as a safe country despite clear findings of fact.

It is clear that the Bill subverts the rule of law, the key elements of which are abiding by international law, equality before the law, respect for fundamental human rights and guaranteeing access to the courts. These rights are negated by this Bill, and as such it is a legal fiction. The longer-term impacts might be considerable—for example, could the Supreme Court in future rule, with any authority, a Prorogation unlawful?

The Bill in its present form enjoins all relevant courts and officials to deem Rwanda a safe country and specifically disallows any rational challenge by the courts. In Committee the noble Lord, Lord Clarke of Nottingham, expressed the hope that there will be a challenge, thereby enabling the Supreme Court to strike the Bill down as unconstitutional. Should this happen, a review of the Bill’s impact on the rule of law in the UK would prove invaluable evidence.

[The Lord Bishop of St Edmundsbury and Ipswich]

My Lords, I shall speak in favour of Amendments 1, 3 and 5 tabled by the noble Baroness, Lady Chakrabarti, to which I have added my name. I do not believe that we can enshrine in law a statement of fact without seeing and understanding the evidence that shows such a statement to be true, in particular when such a statement of fact is so contentious and for which the evidence may change. Ignoring for a second the strange absurdity of such declarations, we must also consider the real impact that this could have on the potentially vulnerable people whom the Government intend to send to Rwanda. As my most reverend friend the Archbishop of Canterbury, who is in his place, said at Second Reading,

“in almost every tradition of global faith and humanism around the world, the dignity of the individual is at the heart of what is believed”.—[Official Report, 29/1/24, col. 1014.]

Sending those who seek refuge in the UK to a country of questionable safety does not respect this dignity, so I support amendments that require further evidence of the safety of Rwanda before anyone is sent there.

[Lord German (LD)]

My Lords, we support all the amendments in this group. It is absolutely critical that domestic and international law is complied with. This should not be up for debate. It is who we are. It is what we stand for. If we seek to deviate from our domestic and international legal obligations, our role on the world stage and our ability to have influence globally is significantly diminished. We cannot shy away from the consequential impact this will have on other countries choosing to follow suit. As the United Nations Human Rights Council put it last Friday,

“international standards on the independence of the judiciary are closely linked to the rule of law and the separation of powers. ‘Provisions of the Rwanda Bill could undermine the principles of the separation of powers and the rule of law in the United Kingdom’”.

That is sufficient for us to support all these amendments.

--- Later in debate ---

[Lord Horam (Con)]

My Lords, I am concerned about Amendment 9 from the noble Lord, Lord Anderson, which on the face of it seems extremely reasonable. If new, clear evidence and facts emerge, they should obviously be presented and tackled appropriately, but I wonder whether we are mixing up what the law can do with operational issues. After all, as was explained at some length from the Front Bench in the last debate, we have a monitoring committee with all sorts of bells and whistles, which should be able to pick up anything that is going wrong on the ground floor; it is the ground floor that matters. It is that issue—operational versus the law—that concerns me.

I quote to the House the remarks of Sir Robert Neill, who is a lawyer and chairman of the House of Commons Justice Committee, at Second Reading in the other place:

“Equally, the idea that legislation is the sole or even the principal solution to this situation is, I think, wrong. Ultimately, an operational solution is required … Ultimately, it will be operational measures that make the real difference”.—[Official Report, Commons, 12/12/23; col. 783.]


This is the point: there is a danger of mixing up operational issues, which may be dealt with by the Rwandan Government, the British Government, and the instruments put in place by the treaty, and getting the courts involved at too early or inappropriate a stage. That is the risk with the commendable idea that the noble Lord, Lord Anderson, has.

[The Lord Bishop of St Edmundsbury and Ipswich]

Noble Lords would expect the Bishop of St Edmundsbury and Ipswich to support the noble Lord, Lord Anderson of Ipswich, which I will do, but I want to say a few words about Amendment 39, which the noble Lord, Lord Blunkett, tabled and to which is added my name and that of my right reverend friend the Bishop of Bristol. It simply asks that the right be given to those who have gone to Rwanda and been granted refugee status to be able to return in some circumstances, because it may well be that Rwanda is not a country where they should remain. Noble Lords can imagine issues around language, the possibility of destitution, risks to victims of modern slavery—various circumstances. Not allowing those granted refugee status to return to the UK seems a failure in the Bill.

This is not unprecedented. Indeed, the arrangements currently being made between Albania and Italy mean that those processed in Albania can, if they choose to do so, return to Italy. I urge that this amendment be considered as a way of making that option available.

[Lord Coaker (Lab)]

My Lords, we very much support Amendments 9 and 12, which the noble Lord, Lord Anderson, has led on. They would allow the presumption that Rwanda is a safe country to be rebutted by credible evidence presented to decision-makers, including courts and tribunals. If he were to test the opinion of the House, we would support him.

I will refer to my Amendment 29, which I hope gives some evidence of the need for the amendments from the noble Lord, Lord Anderson. Amendment 29 would take out Clause 4(2). I tabled it because Clause 4(2) says that

“subsection (1) does not permit a decision-maker”—

however that is defined, whether it is the Secretary of State, a court or a tribunal—

“to consider any matter, claim or complaint to the extent that it relates to the issue of whether the Republic of Rwanda will or may remove or send the person in question to another State in contravention of any of its … obligations”.

In other words, an individual cannot put before the court or a tribunal not that they “may” be refouled but, using the Government’s own words in Clause 4(2), that they “will” be refouled. I could just about understand it if it had “may”, but if an individual cannot even argue that they “will” be then I would find that quite astonishing. Therefore, I suggest that my Amendment 29 highlights why Amendments 9 and 12, in the name of the noble Lord, Lord Anderson, are needed.

--- Later in debate ---

[Lord Cashman (Lab)]

I thank the noble Lord for that considered intervention. I can speak only according to my direct experience in Rwanda, from 2008. As I said earlier, in discussion on another group, I worked in Rwanda for several months as the chief election observer for the 2008 elections. At that time, I had to intercede on behalf of activists who were directly experiencing discrimination. I have not given up on that. I recognise what is going on in Uganda and other countries, but comparisons are not always helpful—indeed, they are somewhat odious when it comes to the lived experience of people with whom I am in direct contact. This is not academic; I am talking about what is reported to me, as the noble Lord is referring to what was reported to him and other parliamentarians on a parliamentary visit.

Following on from my previous references to divisionism and the consequences caused by one group being pitted against another, I therefore assert that LGBT people could not live openly. To do so would be a challenge to others that would not be accepted. It would and could be portrayed as divisionism.

This is in direct contrast to the protections that arise from the judgment referred to by the noble and learned Lord, Lord Etherton, in HJ (Iran) from the Supreme Court of 2010. It affects characteristics that come from belonging to a particular social group. Again, I refer to my intervention in Committee, where I represented some of the concerns of LGBT activists. I will not repeat them, but if Members of your Lordships’ House request me to do so, I would be more than happy to oblige.

At the end of last week, I again made contact with LGBT activists, and asked again what the situation was like for LGBT asylum seekers in Rwanda. The reply was succinct and stark, written in four separate messages so that it could not be connected or traced:

“Rwanda is not a safe place for LGBTQ asylum seekers at all.


Though there are no laws

Community is facing

So much violence and discrimination”.

They are not my words, but the words of people living in that region. That is the reality of life for the LGBTQ people that we send to Rwanda, and sadly not the representations made to visiting parliamentarians.

[The Lord Bishop of St Edmundsbury and Ipswich]

My Lords, I support Amendment 42 tabled by the noble and learned Baroness, Lady Butler-Sloss. My right reverend friend the Bishop of Bristol regrets that she cannot be in her place today to speak in support of this amendment, which she has signed.

The question of deterrence is central to the Government’s premise in the Bill. The threat of being removed to Rwanda should, in theory, be sufficient to discourage asylum seekers from taking dangerous crossings in small boats across the channel. Even if we accept that this will work for individuals trafficked to the UK against their will—I have not seen evidence that suggests it will—how can the Bill possibly have a deterrent effect? This point was made repeatedly in Committee, but it has not been adequately addressed.

There are as many as 4,000 people in the national referral mechanism who could potentially be eligible for removal. Can we not give them assurance that we will not subject them to further upheaval? The Global Slavery Index estimates that the rate of modern slavery in Rwanda is more than twice as high as the rate in the UK. Can we be sure that victims will be safe from the risk of re-trafficking?‘

The provisions of the Bill are incompatible with protective obligations, but potential victims will not even be able to put this injustice to the courts under the Rwanda treaty. Not identifying victims or sending them to another country before their claim has been properly assessed will also set us back in our efforts to bring perpetrators of modern slavery to justice. Victims are often the only witnesses of this crime; without them, the case against perpetrators will be significantly harder to make. Safeguarding victims of modern slavery from removal to Rwanda will have a negligible impact on the supposed deterrent effect of the Bill, and every effect on the safety and flourishing of the victims of modern slavery.

[Baroness Hamwee (LD)]

My Lords, my name would have been on the amendment of the noble and learned Baroness, Lady Butler-Sloss, but I was not quite agile enough to get in as number four. The treaty provides at Article 13 that

“Rwanda shall have regard to information provided about a Relocated Individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking, and shall take all necessary steps to ensure that these needs are accommodated”.


If the Home Office rushes through its processes, as it will under the legislation of 2022 and 2023, I doubt that the individual needs will be adequately identified. It is hard enough to do even under the pre-2022 procedures.

Of course, what Rwanda is told is necessary and what it actually can provide are not necessarily the same thing, as has been covered pretty fully today. Its record is not exemplary. Just last year, the 2023 US Trafficking in Persons Report of 2023 told us that Rwanda

“did not refer any victims to services”.

That there were none is, to me, literally incredible.

The report also refers to widespread cultural prejudice, as we have just heard, along with a lack of capacity and resources that inhibits effective procedures, and so on. Referring to the words of the treaty as if that made them actually happen seems simply an extension of the argument of “The legislation says that Rwanda is safe and it therefore is”. What assessment have the Government made of the risks of Rwanda being safe in this respect? What assessment have they made of its capacity to provide services? Do they accept that Rwanda is able carefully to assess each individual’s risk of being re-trafficked? The risk in this country is enough—my goodness, what must it be there? Indeed, what assessment have they made of how those people sent to Rwanda by Israel disappeared? Common sense gives me a likely answer.