Safety of Rwanda (Asylum and Immigration) Bill

Lord Cromwell Excerpts

Report stage
Monday 4th March 2024 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I have two brief points. First, on Patrick Cormack, yes, he did speak often and, yes, that was sometimes frustrating, but doubly frustrating was that he was brilliant at synthesising views across the House and lobbing them forward to his Front Bench as quite difficult questions, something I learned to appreciate over time.

Secondly, in his speech just now—all of which I agreed with—the noble Lord, Lord Clarke, was searching for an international precedent for the Bill, as have others. I simply direct him to one also from central Africa, where the president of the country at that time declared by legal presidential decree that there was no AIDS in his country. It made him an international laughing stock, and I cannot help thinking that this Bill feels rather the same.

[Lord Coaker (Lab)]

My Lords, it is a pleasure to wind up this group of amendments for His Majesty’s Opposition. We have become used to the quality of the debate on the Rwanda Bill, but I start by associating myself with all the remarks made about Lord Cormack and add my recognition that he was a marvellous individual. In marking his passing, I also mark the passing of my noble friend Lady Henig in recent days. I am sure that fuller tributes will be made to her; we have lost a valued colleague.

The noble Baroness, Lady Jones, presented a challenge to me. If we were to win the next election, we would have the big advantage of being in power and would repeal the Bill. That is the point I make to the noble Baroness.

It is our view, whether or not it is held universally, that it is important for us to respect what we see as the constitutional traditions of the House. We would expect them to be followed were we to be in power, and that is why we take the position we do. I say to the Government, as I have on a number of occasions, that constitutional convention also requires the Government to listen to what the House of Lords says, to respect what it says and to listen to its views and not just dismiss them before they have even been discussed. We have made that point continually throughout this debate.

The Government may disagree with all the amendments, but to dismiss them as the Government have, before this House has even debated many of them, undermines the constitutional proprieties of the way this country operates. As much as the Government say to us that we should respect those, the Government should respect the amendments your Lordships consider and, on occasion, pass.

I thank my noble friend Lady Chakrabarti for her amendments and for the way she put them. She will see that my Amendment 2 seeks to say that the Act, as it will be, should comply with domestic and international law. I want to focus particularly on the international law aspects but, with respect to the debate we have had on domestic law, I refer noble Lords to the report from the Constitution Committee. The report made a number of challenges to the Government about how simply saying something was a fact in legislation accorded with the separation of powers.

Clause 1(2)(b) says that

“this Act gives effect to the judgement of Parliament that the Republic of Rwanda is a safe country”.

Paragraph 11 of the Select Committee report says:

“Clause 1(2)(b) could be interpreted as a breach of the separation of powers between Parliament and the courts. It is the role of Parliament to enact legislation. It is the role of the courts to apply legislation to the facts”.


The Bill says that the facts are not convenient so we will change them by legislation, saying that Rwanda is safe by an Act of law rather than by application of that legislation to the facts as they are within the country.

International law is also extremely important. In Committee, the noble Viscount, Lord Hailsham, helpfully pointed out that Clause 1(4)(b) says:

“It is recognised that … the validity of an Act is unaffected by international law”.


That is quite astonishing. The Bill later lists all the various laws and conventions which will not apply. As a country, is that really where we want our legislation to be? My noble friend Lady Lawrence referred to the UNHCR’s view that the Bill is incompatible. Do we simply dismiss that with a wave of the hand and pass legislation to say that it does not matter? Do we say that disapplying the Council of Europe from this legislation does not matter, despite the fact that it was mainly Conservative politicians, not least Churchill and Maxwell Fyfe, who moved forward the legislation on it? All sorts of other conventions are dismissed with a wave of the hand as though they do not matter.

Yet, time after time from the Dispatch Box, both here and in the other place, respect for international law is used as a justification for this country’s actions. The international law of the sea is used, rightly, as a justification for our actions against the Houthis in the Red Sea. When we say that Russia’s invasion of Ukraine is illegal, it is because it breaks international law. We often talk about “foreign courts” as a disparaging term for international courts that we have agreed to join, but where do we wish to take Putin for what he has done in Ukraine? It is to an international court to be held to account by international law. In all these examples, we expect international law to apply to the actions of an individual or a Government.

My amendment says that it matters what this country does, with respect to both domestic and international law, because in all the international institutions of which we are a member we often stand up and say that international law is important and should be applied and adhered to. We do so because we recognise that if it is not, that will be the road to chaos, confusion and the problems across our world getting not better but worse.

The Bill is dealing with a difficult problem that we all wish to see solved. This is not between those who wish to see it solved and those who do not, but about the differences in how we would do it. There is a need to deal with the challenges of the small boats, immigration, migration, refugees and asylum seekers in this country, but let us do it in a way that is consistent with our proud tradition of respect for law—both our domestic law and the separation of powers, and the international law based on treaties that we signed as a free, independent country.