Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Carlile of Berriew and Lord Deben

Report stage
Monday 4th March 2024 Lords Chamber

[Lord Carlile of Berriew (CB)]

My Lords, I follow the noble Lord with much respect for his contributions to your Lordships’ House. The proposition made by my noble and learned friend Lord Hope, which I support strongly, is that these amendments seek to give effect to

“the proposition that Parliament cannot judge Rwanda to be a safe country until the Rwanda Treaty has been, and continues to be, fully implemented”.

What do the Government say? The Government say that Rwanda is a safe country because the Rwanda treaty has been achieved and, shortly, will be fully implemented. What are they afraid of in these amendments, for they simply seek to provide insurance for the proposition made by the Government about Rwanda?

To answer that question, I invite the Minister to remind himself once again of the report dated 17 January this year from the International Agreements Committee, which was discussed at some length in previous debates in your Lordships’ House. I draw his attention particularly to paragraph 45, which sets out nine

“further legal and practical steps”—

that is the term of art used—which are “required under the treaty” and which will make, in the opinion of that committee, Rwanda a safe country that operates the treaty in the way which is intended by its words.

Can the Minister, who has been challenged to this effect before, tell us quite specifically how many of those nine requirements in that paragraph have now been implemented, which they are and, in relation to the ones that have not yet been implemented, when will they be implemented? If the Government’s optimism is such that, as the noble Lord, Lord Murray, said in an earlier intervention, it is enough to go into the Rwandan Parliament and see that the treaty has been ratified—not the requirements in the committee’s report—for that to be a way of regarding the Bill as justified, what is the intellectual basis for that conclusion? I see none: unless these requirements can be demonstrably implemented in full, Rwanda is not a safe country. The insurance policy proposed by my noble and learned friend is exactly what is needed, unless we are told of full implementation.

[Lord Deben (Con)]

My Lords, I rise because of the speech of the noble Lord, Lord Hodgson. He suggested that those of us who have worries about the Bill are in some way wanting to stop anything of this kind. I want to make it clear that I do not have a theological or philosophic objection to the concept that you might have a system to deal with these problems which involved some other country. My problem is fundamentally this: I hope that, in all the years as a Minister and as a Member of Parliament, I never told a public lie—and I am being asked here to tell a lie.

The Government have told us that Rwanda is not a safe place at the moment but is going to be one. Indeed, the Minister himself explained that to us. However, they are asking us to say it is a safe place now. At the same time, the Government are pointing to the Supreme Court and saying it is perfectly reasonable to disagree with it, because the information which we now have makes a decision now different in kind from the one that the court made, because it did not have that information. Evidently, it was perfectly right for the Supreme Court to say that it was not a safe place then, but now we are in a different position. However, the Government have not provided us with any of the evidence which makes that different position tenable.

All the Government have done is said: “We have signed an agreement. That agreement is going through, and we are in the course of ensuring that that agreement is carried through in Rwanda”. I do not much mind how we do this, but what I want to be able to do is to vote to say that Rwanda would be a safe place if all these things are carried through. I want to make sure that there is a mechanism for checking that.

I also want to make sure that, if things should change, we could deal with that—after all, Governments change. Africa has been known to have very significant changes. Indeed, the present Government of Rwanda are a very hopeful change from what they had before. We need to have a mechanism whereby, should the situation alter, we would be able to deal with it. Normally, the courts would be able to deal with it, but the Government have specifically excluded the courts. Therefore, we need to have something of this kind in the Bill. The mover of this amendment is absolutely right in saying that the amendments can all be carried through without holding up the passage of the Bill.

I want to ask my noble friend very directly: given that this is not going to hold anything up; given that he is going to allow himself to tell the truth, instead of not telling the truth and, given that he can allow me to tell the truth, why does he not just allow us to do it? Many of the other issues are of high political and legal concern. This is a terribly simple, basic fact. Will you allow us to say that Rwanda is a safe place, when you can provide the information to allow us to tell the truth? For goodness’ sake, let us tell the truth.