Safety of Rwanda (Asylum and Immigration) Bill

Lord Sharpe of Epsom Excerpts

Consideration of Commons amendments
Tuesday 16th April 2024 Lords Chamber

Moved by

[Lord Stewart of Dirleton]

That this House do not insist on its Amendment 1B, to which the Commons have disagreed for their Reason 1C.

1C: Because the Commons consider that the provisions of the Bill are compliant with domestic and international obligations, and that it is therefore not necessary to refer expressly to having due regard for domestic and international law when setting out the purpose of the Bill.

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Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendments 3B and 3C, to which the Commons have disagreed for their Reason 3D.

3D: Because the Commons consider that it is not necessary to refer expressly to the arrangements in the Rwanda Treaty being, and continuing to be, implemented and adhered to; the Bill is clear that it comes into force on the day on which the Rwanda Treaty enters into force and it is not appropriate for the Bill to legislate for Rwanda adhering to its obligations under the Treaty as Rwanda’s ongoing adherence to its Treaty obligations will be subject to the monitoring provisions set out in the Treaty.

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

My Lords, in moving Motion B I will also speak to Motions D, D1, E, F and F1. At this late stage in the Bill’s passage through both Houses, it has been made unequivocally clear, here and in the other place, that it remains the Government’s priority to stop the boats. As I have stated before, the deterrent will work only if we apply the same rules to everyone. We need to take swift action now to put in place the policy that will enable relocations to Rwanda to take place, to create that deterrent and stop the boats. We have seen the deterrent effect work for Albania and we need to replicate it for everyone else.

I turn to Motion B and Amendment 3E. We have made it clear that the Government will ratify the treaty in the UK only once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under it. Clause 9 clearly sets out that the Bill’s provisions come into force when the treaty enters into force, and the treaty enters into force when the parties have completed their internal procedures. Furthermore, the Government maintain periodical and ad hoc reviews of country situations, including Rwanda, and this will not change. The published country information notes include information from a wide range of sources, such as media outlets, local, national and international organisations, and the Foreign, Commonwealth and Development Office.

The treaty also sets out clearly in Article 4.1 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 that required further considerations.

The Government of Rwanda’s commitment to the partnership and their obligations under the treaty has been demonstrated by the progress they are making towards implementation. The recent steps taken were set out by my noble and learned friend Lord Stewart in the last group. On Thursday 21 March, the Rwandan Senate passed the legislation ratifying the treaty. The domestic legislation to implement the new asylum system has been approved by the Cabinet and is now with Parliament for consideration. A complaints process has been set up and will be further developed as we progress further into the partnership.

Motion D1 and Amendment 7D would result in the provisions of Section 57 of the 2023 Act applying only to decisions on age made by a designated person or local authorities under Section 50(3)(b) of the 2022 Act where the removal is to Rwanda, and would prevent Section 57 of the 2023 Act from applying to decisions on age taken by the other listed decision-makers in Section 57(6) where the removal is to Rwanda—for example, initial age decisions of immigration officers at the border. The initial decision on age is an important first step to prevent individuals who are clearly an adult or a child being subjected unnecessarily to a more substantive age assessment.

As part of this process, on arrival individuals will be treated as an adult only where two immigration officers assess that their physical appearance and demeanour very strongly suggest they are significantly over 18. This is a deliberately high threshold and the principle of the benefit of the doubt means that, where there is doubt, an individual will be treated as a child pending further observation by a local authority, usually in the form of a Merton-compliant age assessment. This approach has been confirmed by the Supreme Court in the landmark case BF (Eritrea) v the Secretary of State for the Home Department 2021, UK Supreme Court 38.

We know that assessing age is difficult, but it is important that the Government take decisive action to deter adults from knowingly claiming to be children. Unaccompanied children will be treated differently from adults under the 2023 Act, and there are obvious safeguarding risks of adults being placed within the care system. It is therefore crucial that we take steps to safeguard and swiftly identify genuine children, and avoid lengthy legal challenges to age decisions preventing the removal of those who have been assessed to be adults. This amendment would simply open the floodgates for more abuse within the system and encourage adults to knowingly claim to be children to avoid being relocated to Rwanda, placing genuine children at risk of being disadvantaged.

Furthermore, this amendment would give rise to differential treatment. The amendment would result in Section 57 of the 2023 Act applying only to decisions by local authorities and the National Age Assessment Board if the person is to be removed to Rwanda. That would result in treating differently those who are to be removed to Rwanda under the 2023 Act from those removed to another country under the 2023 Act. Decisions of immigration officers and the other listed decision-makers in Section 57(6) would therefore not fall within Section 57 if removal is to Rwanda. In judicial reviews to these decisions suspensive appeal rights could apply, and the judicial review could be heard on a matter-of-fact basis. There is simply no justification for that differential treatment.

I turn to Motion E and Amendment 9. As I have previously set out, under the internationally binding treaty the Government of Rwanda will have regard to information provided by the UK relating to any special needs that an individual may have that may arise as a result of them being a victim of modern slavery and human trafficking. Rwanda will take all the necessary steps to ensure that those needs are accommodated. Safeguarding arrangements are set out in detail in the standard operating procedures on identifying and safeguarding vulnerability, dated May 2023, which state that

“At any stage in the refugee status determination … and integration process, officials may encounter and should have due regard to the physical and psychological signs that can indicate a person is vulnerable”.


The standard operating procedures set out the process for identifying vulnerable persons and, where appropriate, making safeguarding referrals to the relevant protection team. Screening interviews to identify vulnerabilities will be conducted by protection officers who have received the relevant training and are equipped to competently handle safeguarding referrals. The protection team may trigger follow-up assessments and/or treatment, as appropriate. In addition, protection officers may support an individual to engage in the asylum process and advise relevant officials of any support needs or adjustments to enable the individual to engage with the process.

Victims of human trafficking and human slavery will receive the necessary support that they need in Rwanda, as they would in the UK. The Government of Rwanda have systems in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health and gender-based violence. To that end, the government amendment in lieu—Amendment 9C—requires the Secretary of State to publish an annual report about the operation of this legislation as it relates to the modern slavery and human trafficking provisions in Article 13 of the treaty.

[Baroness Hamwee (LD)]

My Lords, can the Minister explain to the House how far the scope of the annual report will go beyond what the monitoring committee will be doing, so that both the Government and Parliament are able to scrutinise exactly what is going on?

[Lord Sharpe of Epsom (Con)]

I am afraid that I do not know how far it will differ—or not, as the case may be—from the monitoring committee, so I will have to write to the noble Baroness on that subject.

[Lord Falconer of Thoroton (Lab)]

My Lords, I apologise for interrupting. Can the Minister confirm that, before the Government are satisfied that Rwanda is a safe country, they will seek the views of the monitoring committee?

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[Lord Sharpe of Epsom (Con)]

My Lords, in the last group my noble and learned friend discussed how the Government will be made aware of whether or not treaties should be ratified and so on. That is also dealt with in considerable detail, as we have rehearsed from the Dispatch Box on a number of occasions, in the agreement that was published in January of this year—starting, I believe, at paragraph 101—so I will not go through it all again.

I turn to Motion F and Amendment 10D. As we have set out before, the Government recognise the commitment and responsibility that comes with combat veterans, whether our own or those who have shown courage by serving alongside us, and we will not let them down. Once again, I reassure Parliament that, once the UKSF ARAP review has concluded, the Government will consider and revisit how the Illegal Migration Act and removal under existing immigration legislation will apply to those who are determined ARAP eligible as a result of the review, ensuring that they receive the attention that they deserve. For now, I beg to move.

Motion B1 (as an amendment to Motion B)

Moved by

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[Lord Coaker (Lab)]

My Lords, I rise briefly to say how much I support the remarks of the noble and learned Baroness, Lady Butler-Sloss, with respect to slavery, and my noble friend Lady Lister’s comments with respect to children. We will also support the noble and learned Lord, Lord Hope, on his amendment, should he test the opinion of the House. We think it is a very sensible amendment; it simply seeks reports saying that the things that are required to be implemented have actually been implemented. One has only to look at the International Agreements Committee report, which lists out 10 things in particular that it feels should be implemented before you can say that Rwanda is safe. As the noble and learned Lord has pointed out to the noble Lord, Lord Sharpe, there has been no answer from the Government, other than some vague platitudes as to progress being made and steps being taken to ensure that these things will happen, rather than that they have happened.

Similarly, we support the point that the noble and learned Lord, Lord Hope, has made with the second part of that amendment: to actually reflect on what happens in the future should, for whatever reason, changes happen in the environment with respect to Rwanda—political or whatever—that would require Parliament to reconsider its original decision that it was safe. We very much support the amendment that the noble and learned Lord, Lord Hope, has put before us.

I congratulate my noble friend Lord Browne on his amendment, and say how much we support it. The case was made in the Sunday Telegraph, as my noble friend pointed out, with 13 military and diplomatic leaders putting forward the case for exempting those who have served this country from the provisions of the Bill. This is something that we as a country should embrace without any debate or controversy at all. I say that because it is important that we support my noble friend Lord Browne’s amendment, but also that the size of the majority is such that the other place is forced to reconsider the bland statement it made: “Don’t worry. We’ll revisit this at the end of the deliberations we are having”. There is no certainty in what the Government are saying.

It is so important that my noble friend Lord Browne’s amendment is in the Bill. What it requires, and what the people of this country want, is not some reconsideration of the policy in future but a certainty that those who have served with our Armed Forces, or served us in whatever circumstances, can be assured that the promises made to them are adhered to and kept.

I cannot believe that we as a country would turn our back on those who have served with us. It is unbelievable that we should be in this situation. I say to the Minister and others who may feel it important that they vote with the Government that we are talking about men and women who have served our country, stood alongside our Armed Forces and served with us to deliver the objectives of His Majesty’s Government. How on earth can we think it appropriate that the provisions of this Bill and the treaty should apply to them? It is simply unacceptable. As such, my noble friend Lord Browne’s amendment gives us a way of saying to the Government: “Think again. We believe it should be on the face of the Bill”. I hope that noble Lords will support my noble friend when he tests the opinion of the House.

[Lord Sharpe of Epsom (Con)]

My Lords, once again I am very grateful to all noble Lords for their contributions to this debate. To restate for the record, the Government’s priority is obviously to stop the boats. Although we have made progress, more needs to be done. We need a strong deterrent; we need to operationalise this partnership with Rwanda. Only by applying this policy to everyone without myriad exceptions will the deterrent work. We are not diminishing our responsibilities to provide support to those who are vulnerable, and we have ensured that the necessary support will be provided in Rwanda. We are sending the clearest signal that we control our borders, not the criminals who charge migrants exorbitant amounts to come here via illegal routes on unsafe small boats.

I will endeavour to deal with all the points that have been raised. I turn first to the points of the noble Baroness, Lady Lister. I restate for the record that as part of the process, upon arrival individuals will be treated as an adult only where two immigration officers assess that their physical appearance and demeanour very strongly suggest that they are significantly over 18 —I emphasise “significantly”. This is a deliberately high threshold, and the principle of the benefit of the doubt means that where there is doubt, an individual will be treated as a child, pending further observation by a local authority, which will usually be in the form of a Merton-compliant age assessment.

I turn to Amendment 3E from the noble and learned Lord, Lord Hope. As he correctly pointed out, Clause 9 clearly sets out that the Bill’s provisions come into force when the treaty enters into force. The treaty enters into force when the parties have completed their internal procedures. Furthermore, the Government maintain periodical and ad hoc reviews of countries’ situations, including Rwanda’s, and that will not change.

One of the things we have discussed in previous debates on this subject is that there will be a real-time enhanced monitoring phase by the monitoring committee. The enhanced phase will ensure that the monitoring and reporting takes place in real time, so that the monitoring committee can rapidly identify, address and respond to any shortcomings, and of course identify any areas of improvement or urgently escalate issues that may place a relocated individual at risk of real harm. This enhanced phase is dealt with in paragraphs 106 to 112 of the policy statement, and I say to my noble friend Lord Hailsham that, of course, if the facts change, this means that the Government would not be obligated to remove individuals under the terms of the treaty. That may very well prompt the parliamentary occasion to which he referred. I am afraid I cannot say quite what form such an occasion may take; if I have anything to do with it, it will definitely include alcohol.

[Lord Deben (Con)]

Will my noble friend give way on that point? My first problem with the Bill is that I am asked to say that something is safe when it is clearly not safe, and the Government have said that it is not. What I am really asked to say is that after all this has happened it will be safe, but the Government do not seem to explain to me exactly what will happen before we get to that.

I have another problem: how can I possibly vote that it will always be safe? I am not very keen on lawyers, but surely it is a very simple matter of saying that if the monitoring committee recommends to the Secretary of State that Rwanda is no longer safe, the Secretary of State can in fact change the situation as regards Rwanda. It seems very simple to me. If I had been the Minister, the first question I would have asked my civil servants is, “What happens if the situation changes?”, and my civil servants would not have left that room until they had given me an answer. How did he allow his civil servants to leave the room?

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[Lord Sharpe of Epsom (Con)]

My Lords, I have already stated that the Government would not be obligated to remove individuals under the terms of the treaty if there has been a change, unexpected or otherwise, in the in-country situation in Rwanda.

[Viscount Hailsham (Con)]

The Minister uses the phrase “not be obligated”. That just means they do not have to do it, but it does not alter the legal position.

[Lord Sharpe of Epsom (Con)]

My Lords, I understand the definition of the word “obligated”.

The Bill builds on the treaty and the published evidence pack and makes it clear in UK law that Rwanda is a safe country, and it does address the concerns of the Supreme Court. The courts have not concluded that there is a general risk to the safety of relocated individuals in Rwanda. Rather, the Supreme Court’s findings were limited to perceived deficiencies in the Rwandan asylum system and the resulting risk of refoulement should any lack of capacity or expertise lead to cases being wrongly decided. My noble and learned friend Lord Stewart of Dirleton and I have dealt with exactly where Rwanda is in terms of ratification and so on. The Court of Appeal unanimously upheld the High Court’s finding that a policy of removing individuals to safe third country where their asylum claims would be determined did not breach the UK’s obligations under the refugee convention, and the Supreme Court did not disturb that finding. The Supreme Court recognised that changes may be delivered in future which could address those concerns, and those changes are being delivered.

Turning to Motion F1, in the name of the noble Lord, Lord Browne, and spoken to powerfully, if I may I say so, by other noble Lords, I again reassure Parliament that once the UKSF ARAP review has concluded, the Government will consider and revisit how the Illegal Migration Act and removal under existing immigration legislation will apply to those who are determined ARAP eligible as a result of the review, ensuring that these people receive the attention they deserve. I will go a little further here and say to the noble Lord, Lord Coaker, that there is no intention to turn our backs on those who have served.

Finally, I am sorry to hear that the noble and learned Baroness, Lady Butler-Sloss, does not like the Government’s amendment in lieu, but I am afraid there is very little else that I can say on that subject.

[Baroness Butler-Sloss (CB)]

Before my noble and learned friend sums up on his Motion, I say to the Minister that he has not answered the question about what happens if there is a change in Rwanda and it is no longer safe.

[Lord Sharpe of Epsom (Con)]

I beg to differ from the noble and learned Baroness. I appreciate that it is a difficult place to be, but I think I have answered the question. As I have said before on a number of occasions, the Government are not obligated to send anybody to Rwanda if the facts change.

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Moved by

[Lord Stewart of Dirleton]

That this House do not insist on its Amendment 6B, to which the Commons have disagreed for their Reason 6C.

6C: Because the Commons consider that it is not appropriate to leave out clause 4 of the Bill and insert the new clause in the Amendment, as the Bill allows decision-makers to consider claims that Rwanda is unsafe for an individual due to their particular circumstances.

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Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendment 7B, to which the Commons have disagreed for their Reason 7C.

7C: Because the Commons consider that is it not appropriate to amend the age assessment provisions of existing legislation.

[Lord Sharpe of Epsom (Con)]

My Lords, I have already spoken to Motion D. I beg to move.

Motion D1 (as an amendment to Motion D) not moved.

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Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendment 9 and do agree with the Commons in their Amendment 9C in lieu.

9C: Page 5, line 23, at end insert—
“Report about victims of modern slavery or human trafficking
(1) The Secretary of State must—
(a) prepare and publish an annual report about the operation of this Act as it relates to the modern slavery and human trafficking provisions in Article 13 of the Rwanda Treaty, and
(b) lay a copy of each report before Parliament.
(2) The first report must—
(a) relate to the period of 12 months beginning with the day on which this Act comes into force, and
(b) be laid before Parliament and published as soon as reasonably practicable after the end of that period.
(3) Subsequent reports must—
(a) relate to the period of 12 months beginning with the day after the last day of the period to which the previous report related, and
(b) be laid before Parliament and published as soon as reasonably practicable after the end of the period to which the report relates.”

[Lord Sharpe of Epsom (Con)]

I have already spoken to Motion E. I beg to move.

Motion E agreed.

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Moved by

[Lord Sharpe of Epsom]

That this House do not insist on its Amendment 10B, to which the Commons have disagreed for their Reason 10C.

10C: Because the Commons consider that it is not necessary as the only way individuals should come to the UK is through safe and legal routes.

[Lord Sharpe of Epsom (Con)]

My Lords, I have already spoken to Motion F. I beg to move.

Motion F1 (as an amendment to Motion F)

Moved by