Safety of Rwanda (Asylum and Immigration) Bill

Lord Sharpe of Epsom Excerpts

Committee stage
Monday 19th February 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, it is certainly the case that we ask for a lot of information, but if there is no obligation on the Government to provide the information, where do we go from there?

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank all noble Lords who have spoken in this relatively short debate. Just for the record, I point out that my noble friend Lord Hailsham extended the courtesy of letting me know that he would be unavailable today, which I appreciate.

This legislation builds on the Illegal Migration Act 2023, the Nationality and Borders Act 2022, and other immigration Acts. It does not seek to replicate the provisions of the Illegal Migration Act for other case types. It is limited to the issue of the safety of Rwanda and makes some consequential changes to give proper effect to the presumption that Rwanda is a safe country.

The Government are considering plans for delivery of the provisions of the Illegal Migration Act in light of the Supreme Court judgment. Provisions in the Illegal Migration Act to support removal of people to Rwanda whose asylum and human rights claims are inadmissible will be commenced after Parliament has given its view on the safety of Rwanda.

As drafted, Amendment 67, tabled by the noble Lord, Lord Coaker, asks for information normally used only for internal government planning. This is not information that is normally shared since it is not Parliament’s role to examine the details of internal operational planning, nor is it necessary to meet the Government’s primary objective of ensuring that flights can relocate people to Rwanda.

However, I can confirm that, where claims are declared inadmissible for those who are subject to the duty to remove, the Government will provide support and accommodation in line with Section 9 of the Illegal Migration Act. Furthermore, in response to both Amendments 66 and 67, once the partnership is operationalised and flights commence, as soon as practicable following Royal Assent, removal data will be published online in the usual manner as part of the quarterly immigration statistics.

With regard to reporting on the current location and immigration status of any individuals relocated under the Rwanda treaty, it would be wholly inappropriate for the Government to report on personal data pertaining to the locations of relocated individuals in this manner. We believe that is also unnecessary. As we have set out, the treaty provides that no one relocated will be removed from Rwanda except, in very limited circumstances, to the UK. We have also been clear that anyone relocated who wishes to leave Rwanda voluntarily is free to do so.

The UK and Rwanda will co-operate to ensure that removal contrary to this obligation does not occur, which may include systems for monitoring the locations of relocated individuals. However, this would be with their express consent only and would, of course, not be for wider sharing or publication. This is in addition to the robust monitoring mechanisms already in place via the monitoring committee to ensure the effective operation of the partnership in practice and the well-being of those relocated, the findings of which will be reported in line with the agreed procedures set out in the monitoring committee terms of reference and enhanced monitoring plan, which, as set out earlier in this debate, are published online.

I turn to Amendment 76A, tabled by the noble Lord, Lord Purvis. The terms of reference set out clearly that during the period of enhanced monitoring, the monitoring committee will report to the joint committee, which is made up of both UK and Rwandan officials. This is set out in Article 15(4)(b), in accordance with an agreed action plan, which will include weekly and bi-weekly reporting, as required. As per Article 15(4)(c) of the treaty, the monitoring committee will make any recommendations to the joint committee which it sees fit to do. The monitoring committee will otherwise produce a formal written report for the joint committee on a quarterly basis over the first two years of the partnership, setting out its findings and making any recommendations.

Following notification to the joint committee, the monitoring committee may publish reports on its findings as it sees fit. At least once a year, it will produce a summary report for publication. I have set out that the treaty includes enhanced provisions to provide real-time independent scrutiny of Rwanda’s asylum procedures aimed at preventing the risk of mistreatment contrary to Article 3 of the ECHR before it has the chance to occur. This addresses the findings in the Supreme Court proceedings that under the previous arrangements, as set out in the memorandum of understanding, the work of the monitoring committee would necessarily be retrospective. The treaty further provides at Article 15(9) for the monitoring committee to develop a complaints system that can be used by relocated individuals to lodge confidential complaints regarding alleged failure to comply with the obligations agreed, and that the monitoring committee will investigate all such complaints received directly during the enhanced three-month monitoring period.

Since the partnership was announced, UK officials have worked closely with the Government of Rwanda to ensure that individuals relocated under the agreement will be safe and that their rights will be protected. For example, the treaty sets out at paragraph 3 of Part 2 of Annex B a new process for Rwanda’s first instance body, responsible for making decisions on claims for refugee or humanitarian protection status at first instance. These changes, which will require the introduction of a new domestic asylum law, will move Rwanda’s asylum system to a caseworker model and address the Supreme Court’s conclusions as to the system’s capacity.

The UK Government have already worked with Government of Rwanda to build the capacity of their current asylum system. This work has included agreeing detailed standard operating procedures, reviews of contracts for services the Government of Rwanda have procured—for example, with accommodation facilities and medical insurance companies—and new or revised training programmes. The Home Office has also conducted ground visits, detailed guidance reviews, table-top exercises and walk-throughs to map out the end-to-end process of this partnership and better identify prospective areas for strengthening. This is in addition to ongoing training and capacity building for Rwandan officials within the refugee status determination process. Home Office officials are working on a daily basis with the officials in Rwanda to deliver this partnership.

I do have an answer for the noble and learned Lord, Lord Falconer, as to how the joint committee can report to Parliament. It is not the answer that he will want, but it is all I can say at the moment. The joint committee is due to meet this week, when discussions on treaty implementation will continue. Senior Home Office officials will be in attendance, and I hope to have more to say on this before we get to Report.

[Lord Falconer of Thoroton (Lab)]

The question that is being asked all the time is: how does Parliament keep it under review and raise the question that the country is no longer safe? That is not an answer.

[Lord Sharpe of Epsom (Con)]

I appreciate that it is not the answer that the noble and learned Lord was seeking—

[Lord Falconer of Thoroton (Lab)]

Sorry, but it is not an answer at all to the question: how does Parliament in some way or another keep the question under review? The Minister has given an answer to a completely different question.

[Lord Sharpe of Epsom (Con)]

I do not believe I have, my Lords. What I am trying to say here is that the joint committee has to make reports to Parliament in order for Parliament to keep it under review. That is what is under discussion at the meeting this week. So it does answer the question—perhaps not in the way that the noble and learned Lord would like, for which, obviously, I apologise.

[Lord Purvis of Tweed (LD)]

I am grateful for that comment. Just for the record, it is 11.13 pm on the last day of Committee, and it might be that the Government are thinking about something that we have been talking about. I thank the Minister for that. We will have an update with regard to how the joint committee operates. However, in order for Parliament to make its judgment, it must have access to independent information. The joint committee is the two Governments, so it does not really meet the criteria of Parliament making a judgment on the basis of Rwanda being safe, if the only information that we can use to make that judgment is that of the Government of Rwanda.

[Lord Sharpe of Epsom (Con)]

My Lords, we have gone into the operation of the joint committee and various other bodies in considerable detail today, so I am not going to rehash those now. I am sure we can refer back to the record.

The noble Lord, Lord Coaker, asked me about the timetable. Obviously, I would say this, but the treaties need to be ratified and laws need to be passed, so I am afraid I cannot give a timetable at the moment.

With regard to numbers, as we have discussed many times before, the scheme is uncapped so I cannot provide a commentary on the possible likely numbers.

[Lord Falconer of Thoroton (Lab)]

What steps beyond the passage of this Bill are required for the UK Government to ratify the treaty?

[Lord Sharpe of Epsom (Con)]

Again, I say to the noble and learned Lord that we had a lengthy debate about that a couple of weeks ago on the International Agreements Committee report, and those are the steps that will be required of the Government. Also, as discussed before, the Government of Rwanda still need to pass their new laws in order to be able to ratify the treaty.

[Lord Falconer of Thoroton (Lab)]

I am not sure that is an answer. Apart from the passage of this Bill, which is the only thing that Mr Jenrick’s statement referred to for what was required for the UK to ratify the treaty, what else is required?

[Lord Sharpe of Epsom (Con)]

I am sorry, I disagree. I think I answered the question about what has to happen in order for the treaty to be ratified. It was under discussion at considerable length in the International Agreements Committee debate that we had three or four weeks ago, whenever it was.

[Lord Carlile of Berriew (CB)]

The Minister has just said that the numbers are uncapped, but in the walkthroughs and exercises, some of which have taken place in Uganda, someone will have told the Government how many spaces are currently available in Rwanda. How many spaces are currently available in Rwanda?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not have the precise number. I will find it and write to the noble Lord. As I say, the fact is that the scheme is uncapped. In a perfect world, we would not send anyone to Rwanda because the deterrence would work. Surely that is the point, as alluded to by my noble friends Lord Lilley and Lord Murray, and indeed by the noble Lord, Lord Carlile, who pointed out that deterrence is entirely a binary argument. The Government take one view and others take another.

I think I have answered most of the questions—or at least I have tried to, although I appreciate not necessarily to all noble Lords’ satisfaction. We will have more to say before Report. The Bill buttresses the treaty. Alongside the evidence of changes in Rwanda since the summer of 2022, it enables Parliament to conclude that Rwanda is safe and provides Parliament with the opportunity to do so. For the reasons I have outlined, the amendments are not necessary, and I therefore respectfully ask noble Lords not to move them.

[Lord Coaker (Lab)]

My Lords, I do not often say this to the noble Lord, Lord Sharpe, but that was a really disappointing response, partly because the Committee is seeking numbers and information and numbers were there none. The Government will have assumptions about what is happening. The other place has spent months and months debating Rwanda and this place has spent months doing so too; we have spent weeks on this Bill, including three days in Committee.

What I was asking with Amendment 67—and I am grateful to the noble Lords, Lord Carlile and Lord Purvis, for their support—was what the Government’s assumption is about the number of people who are going to go to Rwanda. It is no answer to say that the numbers are uncapped. That is a Civil Service response; it is what you say when it is difficult to answer and you do not want to do so.

--- Later in debate ---

[Lord Scriven (LD)]

My Lords, I have added my name to this amendment. Because of the lateness of the hour, I will not repeat any of the arguments for why the amendment is needed. I will add an extra point, again looking at the treaty. It was partly alluded to by my noble friend Lord Purvis of Tweed. Amendments to the agreement are by executive order. This Parliament is being asked to say that Rwanda is safe. Rwanda is safe on the basis of this treaty; that is the basis on which this Parliament is being asked to say that Rwanda is safe.

However, Article 20 on amendments to the agreement states:

“This agreement may be amended at any time by mutual agreement between the Parties”.


Therefore, tenets that are deemed to make Rwanda safe based on the judgment of the Supreme Court could, by executive order, be amended. This Parliament would not be able to change its view that Rwanda is safe. The treaty could be changed.

Therefore, when this treaty falls on the date that has been said in two years’ time, it is quite right that this Parliament should therefore be able to look at everything in the round, including any amendments to this treaty, to determine whether Rwanda is still safe. That is why this amendment is needed.

[Lord Sharpe of Epsom (Con)]

Once again, I thank noble Lords who have contributed to this debate. As we have heard throughout today’s debate, we have to do more to break the criminal gangs’ business model, and to deter illegal migrants. These journeys are extremely dangerous. People have lost their lives attempting to cross the channel, as is well reported. These journeys are also unnecessary, as those making these crossings are coming from safe countries, such as France, where they could have claimed asylum. I say respectfully to the right reverend Prelate that that is surely the fundamental issue.

While the Government have made progress towards stopping the boats—with small boat crossings down by a third in 2023, while the numbers of illegal migrants entering some European countries have risen by 80%—we still need to do more. By delivering our key partnership, relocating people to Rwanda and not allowing them to stay in the UK, we will prevent people making these dangerous crossings, and we will save lives.

I thank the right reverend Prelate the Bishop of Chelmsford for tabling Amendment 91, but we do not think it is necessary. It is clear from the evidence pack that the Government published on Thursday 11 January, and from the treaty itself, that Article 15 of the treaty enhances the role of the independent monitoring committee, ensuring that obligations under the treaty are adhered to in practice. I am sorry that I will be going over some old ground, but, as my noble friend Lord Howard pointed out, this is not dissimilar to some earlier amendments.

We have repeatedly made clear that the monitoring committee will have the power to set its own priority areas for monitoring, unfettered access for the purposes of completing assessments and reports, and the ability to publish these reports as it sees fit. Crucially, the monitoring committee will undertake real-time monitoring of the partnership for at least the first three months. This period of monitoring can be extended if required. The monitoring committee will be able to urgently escalate issues prior to any shortcomings or breaches placing a relocated individual at real risk of harm. This will include reporting directly to the joint committee co-chairs within 24 hours in emergency or urgent situations.

To expand on the points made by the noble Lord, Lord Faulks, I also refer the right reverend Prelate to my remarks earlier. Article 4.1 of the treaty sets out clearly that it is for the UK to determine the timing of a request for relocation of individuals under the terms of the agreement, and the number of such requests made. This means that the Government would not be obligated to remove individuals under the terms of the treaty if there had been, for example, an unexpected change to the in-country situation in Rwanda. As is the case in many scenarios, the Government would be able to respond and adapt as necessary and there is therefore no need to include a sunset provision as suggested.

Rwanda has a long history of supporting and integrating asylum seekers and refugees in the region; for example, through its work with the UNHCR to host the emergency transit mechanism. A specific example of Rwanda’s successful work with the UNHCR is the memorandum of understanding between Rwanda and the UNHCR to host a transit facility in Gashora for asylum seekers fleeing civil war in Libya, which has operated since 2019.

The noble and learned Lord, Lord Falconer, is correct: if the agreement is not extended beyond the date he mentioned, in effect, it dies. Rwanda has a strong history—

[Lord Falconer of Thoroton (Lab)]

If the agreement dies, will the future Act die with it?

[Lord Sharpe of Epsom (Con)]

As I understand it, yes.

Rwanda has a strong history of providing protection to those who need it, and it currently hosts more than 135,000 refugees and asylum seekers who have found safety and sanctuary there. The terms of the treaty we have negotiated with Rwanda address the findings of the UK domestic courts and make specific provision for the treatment of relocated individuals, guaranteeing their safety and protection. I invite the right reverend Prelate to withdraw her amendment.

[Lord Purvis of Tweed (LD)]

Before the Minister concludes, I would be grateful if he could say what the mechanism will be for ending this legislation, if the treaty is not extended. Could he also answer my noble friend’s question on amendments to the treaty? It is long-standing practice that amendments to a treaty must come before Parliament through the CRaG process. Can he confirm that that would be the case?

[Lord Sharpe of Epsom (Con)]

My Lords, I am not expert on treaty law but, as far as I understand it, that is the case. I am afraid that I do not know the process behind the noble Lord’s question; I will have to find out.

[The Lord Bishop of Chelmsford]

My Lords, I am grateful to those who have participated in this debate. Given the late hour, I hope they will forgive me for not going through the particulars; I am sure that everybody wants to get home at this stage.

It has been genuinely very interesting to hear the different perspectives on this matter. I am not yet entirely convinced; I want to reflect on this and speak to others about whether we might come back to this on Report. For now, I beg leave to withdraw my amendment.