Safety of Rwanda (Asylum and Immigration) Bill

Margaret Greenwood Excerpts

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[Stephen Kinnock]

I agree with my hon. Friend, who makes a very clear case. A lot of rhetoric has accompanied the Bill around the European convention on human rights and the United Kingdom’s obligations under international law. The implications of that for the Good Friday agreement are truly chilling. The way in which Government Members are prepared to sabre-rattle, and to use rhetoric in a way that undermines our reliability as a partner that can be trusted to respect our international legal obligations, is frankly shameful and deeply concerning, not least in the case of the Good Friday agreement.

Lords amendments 2 and 3, in the name of the noble Lord Hope, state that Rwanda may be considered a safe country only if and when the measures set out

“in the Rwanda treaty have been fully implemented”

and the monitoring committee has established that that is the case. The Government claim that the measures in the treaty address concerns in the Supreme Court’s recent ruling, so there is absolutely no reason why Ministers should refuse to accept Lord Hope’s amendments.

Lords amendments 4 and 5, in the name of the noble Lord Anderson, state that Rwanda can be considered a safe country unless there is

“credible evidence to the contrary”,

as determined by a court or tribunal. Following the Supreme Court’s ruling, the Government themselves accepted that the situation in Rwanda is not static but evolving, as it is in every country on the face of the Earth. If the Government accept that Rwanda could one day become safer for asylum seekers who are sent there from the UK, they must by definition accept that it could one day deteriorate. Lord Anderson’s amendments simply provide a basis for assessing the situation on the ground in Rwanda and acting accordingly.

[Margaret Greenwood (Wirral West) (Lab)]

A joint statement signed by over 260 civil society organisations has branded the Bill

“a constitutionally extraordinary and deeply harmful piece of legislation. It threatens the universality of human rights and is likely in breach of international law, striking a serious blow to the UK’s commitment to the rule of law.”

Does my hon. Friend agree that the Bill represents an unethical gimmick that will potentially put very vulnerable people at risk and harm the UK’s reputation on the world stage?

[Stephen Kinnock]

My hon. Friend is absolutely right. If the amount of time and energy that has been wasted on this madcap Bill, which is also a constitutional outrage, unaffordable, unlawful and unworkable, had been put into addressing some of the challenges that we face in a pragmatic way, just think where we could have got to by today.

Finally, Lords amendment 6, in the name of the noble Baroness Chakrabarti, allows Government Ministers, officials and courts to consider whether Rwanda is safe on a case-by-case basis. Given that the Government have accepted that some appeals will be allowed, we see no reason for them to reject that amendment.

Safety of Rwanda (Asylum and Immigration) Bill

Margaret Greenwood Excerpts

Consideration of Lords message
Monday 15th April 2024 Commons Chamber

[Tim Farron]

I had better not, because I am taking up more time, although I am sure I would have agreed with whatever the hon. Gentleman would have said!

I will simply finish with this. This is a Bill riddled with pretence: the pretence above all that it would be a deterrence to anybody. It is a ridiculous waste of taxpayers’ money and deeply cruel. If Rwanda is a safe place, it will deter no one from coming here and then being sent there. If it is an unsafe place, no decent Government would ever propose to send anyone to it. They cannot have it both ways; they have it neither.

[Margaret Greenwood (Wirral West) (Lab)]

The Bill casts a shadow over the reputation of this place and over our country as one where the rule of law is valued and respected. It is a matter of grave concern that the Government seem determined to ignore the many legal experts and human rights organisations that have voiced serious and fundamental concerns about the Bill. As Lord McDonald of Salford, a Cross-Bench peer and former permanent secretary at the Foreign Office, set out clearly in the press over the weekend, the Bill declares as fact that Rwanda is safe enough to provide shelter for vulnerable people fleeing persecution in their home countries and that not only must British courts accept that Rwanda is safe; they cannot question that assertion even in the light of new evidence that Rwanda may no longer be safe. Surely all of us in this place know how quickly political change can arise in any state. It is nonsensical for the Government to make such a declaration about the safety of Rwanda, but to do so when the impact on vulnerable people has the potential to be so severe and affect their fundamental human rights and their safety is irresponsible and reckless.

Amnesty International UK is among those urging the Government to drop this divisive and dangerous piece of legislation. It has called the Bill an affront to international law, human rights and the rule of law more widely. It warned that, if passed, it will: leave the UK in serious conflict with its international human rights obligations; send a dangerous signal that other nations are free to show similar disdain for their obligations under international law; and harm people who are powerless, vulnerable to demonisation, and readily and cruelly exploited.

The Law Society described the Bill as “flawed” and said that it undermines important British values such as the rule of law and protection for victims, damages the UK’s constitutional balance, and will ultimately prove unworkable, while costing the UK taxpayer a great deal of money. It also highlighted research which suggests that 61% of people think the Government should either accept some amendments to the Rwanda policy or scrap it all together. Liberty described the Bill as

“a constitutionally extraordinary piece of legislation",

adding that “In several places” its

“provisions advance…into some potentially dangerous positions.”

For a Government to get to the point of trying to put through legislation that human rights experts describe as “potentially dangerous” is truly shocking. Why is it that the Government think they can ride roughshod over international law and human rights? The amendments we are considering today would, among other things: require the Government to give due regard to domestic and international law, a most important principle that no one could dispute; allow Ministers, officials and courts to consider whether Rwanda is safe on a case-by-case basis; and remove the risk of unaccompanied children being inadvertently sent to Rwanda. Lords amendment 6B, for example, would allow the court or tribunal to grant

“an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person to the Republic of Rwanda, providing such prevention or delay is for no longer than strictly necessary for the fair and expeditious determination of the case.”

Surely any reasonable Government would want to ensure it had the power to do that?

There is still time for the Government to drop this horrendous Bill. I urge them to do so. I also urge all Members across the House who care about the rule of law, our international reputation, and the seriousness with which we should address our international responsibilities, to support the amendments from the other place and vote against the Government’s motions tonight.

[Claudia Webbe (Leicester East) (Ind)]

The dangers to any nation whose

Government seek to put themselves above the law and the courts are clear. The late Tony Benn put it well when he said that how Governments treat refugees is an indication of how they would treat their own citizens if they thought they could get away with it. The Government’s contempt for the people of the UK is revealed by the assault on the rule of law that the Bill represents. It is also self-evident that a country does not become a safe destination just because a Government declare it so. Human Rights Watch’s latest analysis of Rwanda is clear that

“repression of free speech, arbitrary detention, ill-treatment, and torture”

remain widespread.

The noble Baroness Chakrabarti’s amendment is an attempt to remove one of the most damaging aspects of the Bill, and restore the primacy of law above the whims and ambitions of politicians with regard to asylum applications, and to prevent the Government from simply declaring, blanket-fashion, that Rwanda is safe because they wish it to be and want to deport those fleeing terrible dangers who reach our shores—including, let us not forget, children. By denying access to a court to challenge the safety of Rwanda, the Bill is not compatible with the UK’s international obligations. It shames our country.

As I have said before, the only real solution to this malignant and discriminatory Bill is to scrap it all together. At the very least, its worst aspects must be mitigated. That includes the need to restore the jurisdiction of the domestic courts in relation to the safety of Rwanda, the power to grant interim injunctions, and at the very least the ability to look at matters on a case-by-case basis. I therefore support Lords amendment 6B and all other amendments from the other place. I urge all hon. and right hon. Members to do the same.