Safety of Rwanda (Asylum and Immigration) Bill

Matt Warman Excerpts

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

After Matt Warman we will have the ministerial response, then Alison Thewliss will make references to her amendment, and then we are expecting multiple votes.

[Matt Warman (Boston and Skegness) (Con)]

I want to begin by talking about the remarkable contribution of my hon. Friend the Member for Stone (Sir William Cash), to whose amendment I wish to speak. In a constituency such as mine, which voted overwhelmingly for Brexit, the work that he has done over many decades is appreciated, and it is something that has served the national interest, so I am somewhat nervous about criticising amendment 10. None the less, I know that he and I, more than anything else, can disagree courteously, which is perhaps more than I and many others have managed with some Brexiteers who have perhaps got too much credit for a project that has now run its course.

I could talk a little about why I worry that a Bill that is already judged to have a 50:50 chance of success could, in the pursuit of toughening it up, be driven to having a far lesser chance of success. The people who say that they want it to work, and to work quickly, in fact run the risk of driving it into the courts, seeing it fail and seeing us as a party take less of the action that is so clearly in the national interest.

[Sir William Cash]

Having looked at my amendment carefully, has my hon. Friend observed that the only way to guarantee that this Bill will be satisfactorily regarded by the courts is if the sovereignty of an Act of Parliament is combined with clear, unambiguous words that improve the Bill? That does not mean that it will not go through; it means that it will go through and the courts will accept it.

[Matt Warman]

I would agree with my hon. Friend that the Bill could go through, but that does not guarantee legal success, as he knows. He is right to say that there is a respectable legal argument to be made for it, but a respectable legal argument does not guarantee success. I want, not least because of the poll that he and others have cited, to see us taking clear and effective action on this. To be successful, that clear and effective action must be able to survive the potential legal challenges. I argue in favour of the tightrope on which the Government are walking not because I lack conviction but because I want to see action as quickly as possible on an issue that, I hear from my constituents day in, day out, has a clear and real impact on their lives.

Only yesterday, the Home Office announced that it is closing another two hotels in my constituency that are being used to house asylum seekers. The global migration crisis is on the doorstep of constituents in Boston and Skegness, which is why we must tackle it effectively. I will take no lectures from anyone in this Committee on my personal commitment to tackling this issue, and I want the Government to stay on the tightrope and to get on with addressing this vital matter.

--- Later in debate ---

[Sir William Cash]

I hope my hon. Friend noticed that I said that changes to the European Union’s charter of fundamental rights and the European Court of Human Rights will ultimately lead to constitutional referenda and amendments, which would not only take a long time but might be impossible.

[Matt Warman]

I fear that some of what my hon. Friend says is correct, but it is also true that we lessen our ability to make that case, on our own behalf and in the global interest, if we step back. I want to see Britain leading that conversation and taking its place at the table. If we can do that, we will be able to construct a global system today, just as we did 70 years ago. It worked then, and we need a system that works now.

The more we send a signal that says Britain is stepping back, the less we have the right to make the case, and making that case is surely in the interest of all our constituents. My hon. Friend is right that it will take a long time, but he surely has to acknowledge that we must have that long-term view, because this global migration crisis will be with us for decades. If we step back, we will have less right to influence that conversation.

[Lia Nici]

I thank my hon. Friend and near constituency neighbour for giving way. I am sure his constituents are in the same frame of mind as mine on how illegal migration is having a detrimental effect on our communities. Does he agree that that is why it is so important for us to be able to have these wider discussions, and for the Government to take our amendments seriously? It is only by having robust discussions on the options and amendments that we want the Government to consider that, internationally, we can get to the place he talks about.

[Matt Warman]

I agree up to a point, but the Government can go only so far before they lessen their chances of getting the Bill through successfully in terms of potential future legal challenges. This is about the practicality of delivering a Bill and about Britain’s place on the world stage, which should allow us to continue to play a leading role in reforming those vital conventions and international agreements.

Does the Bill work? Does it go as far as it can without fundamentally jeopardising its chance of legal success? Yes, it does. It walks a tightrope. I know that my right hon. Friend the Member for Newark (Robert Jenrick) says that there is legal advice supporting his position, and I would like to see it, as I am sure the Government would. However, that practical issue of whether the Bill can work is a tightrope that the Government have to judge. I accept that the Bill goes as far as it can—for me, in some ways, it goes too far. Some Conservative Members have said that it goes too far for them but that they are prepared to support it because of the importance of the issue.

Beyond that, we need to address Britain’s place in the world and our role: our ability to help shape a new set of conventions that work not just for us or for countries that share our values and share this problem, but for the countries that people are fleeing from. We have an opportunity to reform that global system and we lessen our ability to do so if we say that we are able to stand apart from its rules. That is a balance we can strike, and if we are optimistic about Britain’s future place in the world, we should be saying that we stay at that table, not that we resile from it. That is why I will support the Government in seeking to rebuff the amendments and to get on with addressing this vital issue, because it will establish Britain as a country that is committed to those commitments that we made some time ago and helped to draw up. It will also demonstrate that we are committed to going as far as possible in pursuit of challenging a vital issue that affects all our constituents. I look forward to the Government’s winning the vote this evening.

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

What a great pleasure it is to follow my hon. Friend the Member for Boston and Skegness (Matt Warman). I believe it is the second time I have done so on this Bill, and I will try to emulate his courteous exchanges with colleagues. I enjoyed his exchanges with my hon. Friend the Member for Stone (Sir William Cash) and with his near neighbour, my hon. Friend the Member for Great Grimsby (Lia Nici), because it is with such courtesy that we can still have a robust discussion about this vital issue. We have had a wide-ranging debate and I am grateful to all right hon. and hon. Members for their contributions.

As the hon. Member for Glasgow Central (Alison Thewliss) had the lead amendment, I start by making some overarching remarks in response to her amendments. This House has a fundamental choice: we can legislate, as the Government propose, to end the perilous journeys being made across the channel, by enabling Parliament to confirm that, in the light of the treaty that the Home Secretary signed on 5 December and of the updated evidence, the Republic of Rwanda is a safe third country, or we can put into statute a scheme that is riven with holes by amendments tabled by right hon. and hon. Opposition Members that make the Bill simply unworkable.

The new legally binding treaty with the Government of the Republic of Rwanda does respond to the concerns set out by the Supreme Court. It also reflects the strength of the Government of Rwanda’s protections and commitments, both to this scheme and to the rule of law—I will return to that point later in my speech. Let there be no doubt that our Government are focused and determined to stop the boats. We have made progress, but we must be enabled to finish the job.

Clause 2 creates a conclusive presumption that the Secretary of State, immigration officers, and courts and tribunals must start from the basis that Rwanda is safe. It is right to say that it will not send someone to another country in breach of the refugee convention. The Supreme Court’s ruling on the Rwanda policy recognised that changes could be delivered in the future that could address the conclusions they came to, and we have been working closely with Rwanda to address those issues. When considered together, the treaty and the evidence of the changes in Rwanda since the summer of 2022—I will come back to that evidence in relation to points picked up by right hon. and hon. Members during the debate—mean that we can confidently conclude that Rwanda is a safe country.