Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[The Minister for Illegal Migration (Michael Tomlinson)]

I first want to join the hon. Member for Aberavon (Stephen Kinnock), my right hon. Friend the Home Secretary and the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), in sending my sincere condolences to the friends and family of the person who died on the Bibby Stockholm. May I also thank the hon. Gentleman for his warm welcome to me? I have received warm messages of congratulation from many colleagues on both sides of the House on taking on this role, and I am sure that at least some of them were genuine and that they meant it.

I also pay tribute to my right hon. Friend the Member for Newark (Robert Jenrick), for his work in this role and personally. I should like to say, within the privacy of this Chamber, how sorry I was to see him resign, how I welcomed and respected the work that he has done in this role, and how I look forward to working constructively with him in the future. I agree with him that there is a disagreement between us, but it is a good faith disagreement. I also agree with his point about the need for legal certainty and I commit to working with him on that very point.

I want to take the central thrust of the Bill and tackle head-on the point that the hon. Member for Aberavon has made. The point of this Bill is to address the concerns that the Supreme Court set out on 15 November. It is right to say that I respect the judgment of the Supreme Court. Members would expect me to say nothing less as a former Law Officer. It is because we respect that judgment that we have looked at it so carefully and that we have responded not just with this Bill but with the internationally binding treaty that my right hon. Friend the Home Secretary secured in Kigali last week. That seems to have escaped the notice of many Opposition Members. This Bill was subsequently tabled and we are debating it here on Second Reading. This builds on the memorandum of understanding that my right hon. Friend the Member for Witham (Priti Patel) secured all those years ago. I will come back to her speech later; I was very grateful for her contribution.

I will now pick up some of the threads of the debate. We heard in some of the contributions what I would phrase as the moral case, or the compassionate case, for stopping the boats. We heard that it is a moral imperative to stop these modern-day slavers and smash these criminal gangs that are trying to push vulnerable people across the busiest shipping lane in the world, where people have lost their lives. On this side of the House, we are determined to take action. We are determined to smash the gangs and the modern-day slavery.

And some have raised the monetary cost, asking, “How much is this costing us?” I ask, what about the human cost? What about the human misery to which the slavers are driving people? There is nothing compassionate about an open-borders policy, and we have heard too much of that today and in previous weeks and months.

On the strength of the Bill and the legitimate concern, which many Conservative Members have raised, that spurious claims may be made—

[Pete Wishart]

Will the Minister give way?

[Michael Tomlinson]

I will give way to the hon. Gentleman, specifically on the point about spurious claims.

[Pete Wishart]

Can the Minister tell the House how many people will be deported to Rwanda next year?

[Michael Tomlinson]

It will start off in the hundreds and scale up into the thousands. I enjoyed the hon. Gentleman’s speech. Whenever he speaks, I always think he has a smile behind the grimace and the stare. I always enjoy his speeches, and I always enjoy hearing him being heckled from this side of the House.

Conservative Members are anxious about spurious claims; about people asserting that they are unwell and unfit to fly, when the contrary is the case. Those who are making the crossing in small boats are not unwell; they are fit, young men. Some 84% of those making the crossings are male, and 77% of those are aged between 18 and 39. I agree with my right hon. and hon. Friends when they say they want to make this work and make it legally tight. That is absolutely right, and I want to join them in that endeavour.

[Sir William Cash]

Will the Minister give way?

[Michael Tomlinson]

How could I refuse?

[Sir William Cash]

I wish to be a little formal about this. Will my hon. and learned Friend seek a ruling from Mr Speaker that the Bill’s long title and scope may be amended, to ensure that amendments may be tabled and selected, at least by the Government and even by Back Benchers, as on previous occasions?

[Michael Tomlinson]

I say directly to my hon. Friend that I will continue to work with him on this. I will come back to his specific points, and I hope I will address his very concern, perhaps in response to the right hon. Member for Clwyd West (Mr Jones).

My right hon. Friend the Member for Witham, my hon. Friends the Members for North Norfolk (Duncan Baker) and for Torbay (Kevin Foster) and others spoke powerfully and directly. My right hon. Friend the Member for Witham rightly talked about the UNHCR and the EU. How galling it was to see that, the very day after the UNHCR advocated in the Supreme Court that Rwanda is not safe, the UNHCR itself sent 168 refugees to Rwanda as part of hundreds and thousands under a scheme that is already up and running, and supported and backed by the EU to the tune of millions of euros. We need to hear more of that, so I am very grateful to my right hon. Friend.

The hon. Member for Strangford (Jim Shannon) and the right hon. Member for East Antrim (Sammy Wilson) raised a specific point that I want to address head-on. This Bill will apply in full in Northern Ireland, in the same way that it applies in the rest of the United Kingdom. It is explicit, it is on the face of the Bill and will always be the case, reflecting that immigration policy is a UK-wide matter. I want to be particularly clear that nothing in the Windsor framework or the trade and co-operation agreement affects that. Where people have raised concern is on the rights chapter of the Belfast/Good Friday agreement, which I want to be clear does not affect any clause in this Bill in any way.

I think I have time to address the specific concern that the hon. Member for Strangford raised. It is important to be clear that the 2005 procedural directive is not within the annexes of the Windsor framework.

[Gavin Robinson (Belfast East) (DUP)]

I am grateful to the Minister for addressing those points as clearly as he did. He will acknowledge that although he has addressed them in his closing remarks this evening, the Home Office published legal advice yesterday that did not touch on any of those points. May I ask him to take steps in the coming days to go further and update that legal advice in a way that encompasses the points he has just raised, in order to assuage the concerns of the House this evening?

[Michael Tomlinson]

May I give the hon. Gentleman this commitment: I will continue to work with him on the points that he has raised? I need to be careful about legal advice, as a former Law Officer. What has been published is a Government legal position statement, and that is different from legal advice. He will understand the differences in relation to that position. He has heard what I have said, and I was grateful to him for welcoming the points I made in response to the specific concerns raised.

My hon. Friend the Member for Stone (Sir William Cash) mentioned the House of Lords Constitution Committee, which gave me flashbacks to my grilling by that illustrious Committee, when I was sitting alongside my right hon. and learned Friend the Attorney General in my former role as Solicitor General. We followed that very report mentioned by my hon. Friend.

Turning to the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), and the Chair of the Public Accounts Committee, the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), I make the simple point that I cannot address each and every one of the points made by the right hon. Member for Kingston upon Hull North here. However, I know she is looking forward to asking me some specific questions tomorrow afternoon when I attend her Committee with my hon. Friend the Minister for Legal Migration and Delivery.

We then had from a former Law Officer-fest, as we had the pleasure of hearing from my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox), my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), who now chairs the Justice Committee, and from my illustrious predecessor, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland). I am pleased to say that I am now a former Law Officer as well. We therefore have a joint endeavour and interest in making sure that this legislation works.

I have mentioned my right hon. Friend the Member for Witham and her important point about Rwanda and the rather patronising tone sometimes raised by Opposition Members when it comes to our international partners who have signed up to an internationally binding legal treaty with this country.

[Yvette Cooper]

I welcome the immigration Minister to his place. Is he aware that while he has been speaking the New Conservatives, the European Research Group, the Northern Research Group, the Conservative Growth Group and the Common Sense Group have all said that they cannot support the Bill and are going to abstain tonight? Does he accept that this looks like the Prime Minister’s breakfast meeting was a total failure? And does he accept that this is just complete civil war in the Conservative party?

[Michael Tomlinson]

The answer is: no, no and no. [Interruption.] I am here; I have been in the Chamber.

Turning to my right hon. Friend the Member for Bournemouth West (Sir Conor Burns), I thank my constituency neighbour for his delivery of a powerful and compassionate speech, as he always gives. My right hon. Friend the Member for Clwyd West (Mr Jones) asked me to work with him, to be open-minded and to look at ways to make the Bill more effective. In contrast to my response to the previous intervention, my answer is: yes, yes and yes. He and I have worked together before and I commit to continuing to work again with him during the rest of the passage of this Bill.

[Sir Chris Bryant]

Will the Minister give way?

[Michael Tomlinson]

Forgive me, but I will not.

In the time I have left, I will refer to my hon. Friend the Member for Devizes (Danny Kruger), who I hope will continue to work with me on this Bill. I listened carefully to what he had to say. I listened with great interest to my hon. Friend the Member for Barrow and Furness (Simon Fell), who is a member of the Home Affairs Committee and spoke with great authority. My hon. Friend the Member for Dover (Mrs Elphicke) spoke clearly about her position, the direct impact on her constituency and the imperative of ensuring we stop the boats. My notes about the speech made by my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) say that he was “on fire.” I am grateful for his contribution; those who missed it should go and watch it on playback.

My hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) made a powerful, measured and careful speech, and I was grateful for his earlier intervention. I thank my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) for his contribution, particularly and sincerely for mentioning our late colleague James Brokenshire and his able work in this area.

There was common sense from my hon. Friend the Member for Boston and Skegness (Matt Warman); I thank him for his contribution. There were attempts to shout down my hon. Friend the Member for Don Valley (Nick Fletcher) while he was speaking. He stood up, as he often does in the Chamber, in the face of that barrage. He talks openly about his faith. I respect him sincerely for the way he does that and for the way he conducts his business in the Chamber.

My hon. Friend the Member for Bury North (James Daly) has the distinction of serving on not one but two Select Committees. Not only does he do that, but he does it with distinction and diligence, and I always like listening to his speeches. He had the temerity to suggest that lawyers may, from time to time, disagree with each other—what an outrageous suggestion. I am only sorry that there were not more lawyers in the Chamber to hear that point.

My hon. Friend the Member for Broadland (Jerome Mayhew) made an outstanding speech. More people should have been in the Chamber to hear the inescapable, inestimable and irresistible logic of his compelling speech. As one of my predecessors, I thank my hon. Friend the Member for Torbay (Kevin Foster) for his work in this area and for pointing out what has already happened since the Supreme Court judgment—namely, the treaty. My hon. Friend the Member for North Norfolk (Duncan Baker) gave us actual numbers, not just percentages, and my hon. Friend the Member for Gloucester (Richard Graham) took us on a tour du monde. It is not just our country that faces these challenges; this is a global challenge of our time.

Let me end by saying that I have sat through more than six hours of this six and a half hour debate. I heard every single speech from the Government Benches and most speeches from the Opposition Benches. I heard every single speech made from the Labour Front Bench, and what was missing was a plan. Labour has no plan. There was intervention after intervention, but where was the plan? There was chuntering from a sedentary position by the Home Secretary, asking “Where is the plan?” Answer came there none. There was a verbal vacuum—not even a cut-and-paste solution. There was no plan whatsoever. Contrast that with the clear determination of all those on the Government side of the Chamber to stop the boats. Madam Deputy Speaker, I commend the Bill to the House.

Question put, That the amendment be made.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

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

[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.

[Patrick Grady]

If Rwanda is a safe and secure place in which asylum seekers can live comfortable and productive lives, why should the prospect of being sent there be a deterrent?

[Michael Tomlinson]

The deterrent is because they are seeking to come to this country and not Rwanda. I hope the hon. Gentleman listens to the evidence that I am about to set out. He has sat through a fair amount of the debate and I always enjoy taking interventions from him, so I encourage him to consider the evidence as I progress with my remarks.

[Sir William Cash]

On that point, will the Minister give way?

[Michael Tomlinson]

How could I refuse?

[Sir William Cash]

As he heard, I made reference to the Rwanda judgment and the case of ASM, whose claim was dismissed because of the sovereignty of Parliament in the context of immigration laws that were revoked under the Retained EU Law (Revocation and Reform) Act 2023. That is a perfect example of what the courts will do under paragraph 144 of the judgment. Does he accept that it is the sovereignty of Parliament that led the Court to make that decision, as it itself stated?

[Michael Tomlinson]

As my hon. Friend knows, he and I agree on a great deal and I have paragraph 144 engraved on my heart. We have had a number of exchanges about that paragraph, and it is clear that the Court will not disregard an unambiguous expression of Parliament’s intention, as set out in paragraph 144. I will come back to the comments made by my hon. Friend a little later in my speech.

Since the evidential position considered by the courts in summer 2022, there have been further specific information, evidence and assurances from the Government of Rwanda that explicitly address the challenges raised by the claimants and the UNHCR in the litigation, and the findings of the Supreme Court, following its judgment in November. My right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) mentioned the evidence and the importance of looking at it, so it is worth setting out some of that here, at least in outline.

First, let me set out the headlines from the world rankings. The World Economic Forum global gender gap report ranked Rwanda 12th in the world for gender parity. Interestingly, it ranked the UK 15th. Secondly, Rwanda’s overall score in the World Justice Project’s rule of law has increased consistently from 2019 and 2023, and Rwanda ranked first in its region and 41st out of 142 globally. I will come back to that important point and provide more detail. The World Bank scored Rwanda 16 out of a maximum score of 18. That is just some of the evidence.

The Government published a policy note on the date of Second Reading and it has been updated this month. There are country information notes on Rwanda’s human rights and asylum system, and on the evidence provided by the Government of Rwanda and the UNHCR. A lot of that evidence is substantial and helpful, but we have not cherry picked evidence, unlike some Members. Other material has also been published. It is worth considering that evidence because that is what has changed since summer 2022.

[Lia Nici]

Perhaps I am being facetious, but seeing as so many illegal migrants are fleeing France, should we think about a safety of France Act next?

[Michael Tomlinson]

My hon. Friend might have been a touch facetious in her intervention—she herself said it, otherwise I would not have dared to say it—but I understand what she says. Suffice to say, we are confident in the safety of Rwanda and the aim of the Bill is to prevent domestic courts and tribunals from considering claims that relate to the general safety of Rwanda, hence clause 2 and the points raised by my right hon. and learned Friend the Member for South Swindon about the evidence, the treaty and the fundamentally changed situation.

Let me turn to the hon. Member for Glasgow Central and her amendments. She is right that the amendments seek to undermine the core objectives of the Bill.

[Alison Thewliss]

indicated assent.

[Michael Tomlinson]

The hon. Lady has been straightforward about that; she is nodding. We are agreeing yet again during the course of these exchanges. It will do nothing for her street credibility in her constituency, but we are agreeing at least on that point. Her amendments would undermine the provisions aimed at narrowing the grounds on which people can challenge their removal to Rwanda in courts or tribunals.

--- Later in debate ---

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

On India, Jagtar Singh Johal has now been detained for over six years. Is the Minister saying that India is a safe country for every UK national?

[Michael Tomlinson]

No, I am saying that this House passed legislation last night stating that India is generally a safe country for the purposes set out in the legislation. I point out—I am grateful to him and other hon. Members who are listening—that India happens to be 79th in the global rankings. Vietnam, where we regularly return citizens to, is 87th. Albania, which we have mentioned and I will come back to, is 91st, and Rwanda is 41st on that list. It is marginally lower down the rankings than Poland, comparable to Romania and higher than Croatia, Greece, Bulgaria, Hungary and all these other countries that are safe, strong international partners of this country. That is the evidence that has been published and that is before the House, and that evidence shows compellingly that Rwanda is a safe country.

I turn to amendments 19, 20, 21 and 22 and amendment 10. I thank my right hon. Friend the Member for Newark (Robert Jenrick) for his engagement and remarks—he is absolutely right. He set out the moral imperative that we need to act and limit individual claims, and I agree that we need to focus on what works.

As I said earlier, I agree with much of what my hon. Friend the Member for Stone said. He is right about dualism and sovereignty. We may, indeed, debate sovereignty again tomorrow when we come to clause 1. There is a lovely accord between him and my right hon. and learned Friend the Member for South Swindon on the very point of sovereignty, and doubtless we will debate that again. Where I respectfully disagree with my hon. Friend the Member for Stone is in his assessment of whether the Bill will work. As drafted, this legislation is clear and unambiguous. Parliament is setting out the law clearly and it will work.

[Sir William Cash]

I merely repeat the point that parliamentary sovereignty has to be combined with clear and unambiguous words. The word “notwithstanding” is hallowed; it is in the withdrawal agreement of 2020 and it makes the wording absolutely clear. Otherwise it is not clear and the courts could rule against us—as they did, conversely, on the Rwanda judgment, where they agreed that clear and unambiguous words are necessary and essential with regard to claims under matters relating to this Bill.

[Michael Tomlinson]

I am grateful for the intervention, and I agree with my hon. Friend: he is absolutely right about clear and unambiguous language. However, clause 2 as drafted is clear and unambiguous; if I may say so, it is simply a different way of saying the same thing. Either we have a deeming clause that deems Rwanda to be safe, or a notwithstanding clause. Clause 2 has the joy of both a deeming clause and a notwithstanding clause. It is clear, it is unambiguous and the courts will follow it.

My right hon. Friend the Member for Middlesbrough South and East Cleveland (Sir Simon Clarke) passionately believes that this is the right policy, and I agree with that. He mentioned that it is important to tackle the root causes and that we must not allow this evil trade to persist, and I agree with him entirely. He asked about the courts and the tribunals, as did the Chair of the Select Committee—the right hon. Member for Kingston upon Hull North (Dame Diana Johnson)—and my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates). A written ministerial statement was laid earlier today, and I encourage my right hon. Friend the Member for Middlesbrough South and East Cleveland to consider the detail of it. He is right that more judges are being recruited.

It is important to say that deployment of the judiciary is of course a question for the independent judiciary—that is absolutely right—but more are being identified and trained, and I encourage my right hon. Friend and other right hon. and hon. Members who mentioned that to look out for the Lord Chancellor’s written ministerial statement, published today.

[Miss Sarah Dines (Derbyshire Dales) (Con)]

Will the Minister clarify whether, if the Government can, as reported in The Times and The Daily Telegraph, find as many as 150 extra judges, we could perhaps divert that judicial capacity to prosecute some alleged rapists and murderers here in the United Kingdom? Will he clarify and exemplify what he means and whether those reports are true?

[Michael Tomlinson]

My hon. Friend is right and I sense, understand and share her passion for resolving the issues in relation not only to the tribunals but to the courts. I know her background and passion for ensuring that the backlog in the court system is dealt with, and she knows my position on that as well. I encourage her to look at the detail that the Lord Chancellor set out in the written ministerial statement. It is right to say that it is in response to the Illegal Migration Act 2023, which my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham (Suella Braverman) took through the House, and it is right to say that it is there to ensure capacity in our tribunal system. I entirely agree with my hon. Friend the Member for Derbyshire Dales (Miss Dines)—there was an exchange on this in the debate—that we must ensure that that capacity is there in our court system as well.

[Mr Roberts]

Before the Minister moves on from the contribution of the right hon. Member for Middlesbrough South and East Cleveland (Sir Simon Clarke), I intervened in his speech to say that my opinion was that if the Bill was voted down tomorrow on Third Reading, no similar Bill could be brought back because it would be an issue the House had already dealt with. The right hon. Member for Middlesbrough South and East Cleveland was of the opinion that a substantially different Bill could be brought back. The problem is that if the House declines all the amendments, as it is entirely likely to do, presumably any future Bill that was brought back would include all those amendments. Therefore, as the House will have substantially dealt with all those issues, if the Bill is voted down tomorrow, it will not be able to come back in any form.

[Michael Tomlinson]

The hon. Gentleman will appreciate my determination to get the Bill through. I am the Minister for this Bill, and I am determined to get it through today, tomorrow and at its further stage.

I thank my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) for her constructive speech and the constructive tone that she adopted during the debate. She is right: we are united in wanting to make the scheme work. I am very grateful to her for mentioning the Prime Minister’s words in Italy, which bear repetition. He said rightly:

“If we do not tackle this problem, the numbers will only grow…If that requires us to update our laws and lead an international conversation to amend the post-war frameworks around asylum, then we must do that. Because if we don’t fix this problem now, the boats will keep coming”.

My hon. Friend was right to echo those words, and I am pleased to have the opportunity to re-emphasise them now.

[Tom Hunt (Ipswich) (Con)]

It has been explained that the grounds for individual appeals are exceptionally narrow, so why are 150 judges needed?

[Michael Tomlinson]

As I said in response to a previous intervention, they are being stood up in relation to the Illegal Migration Act 2023, which was taken through by my right hon. and learned Friend the Member for Fareham and my right hon. Friend the Member for Newark, in anticipation of the work that will need to be done—that is sensible governance, dare I say it. My hon. Friend the Member for Ipswich (Tom Hunt) is right to take me back to individual claims, which I will now turn to in the few minutes I have left.

The legislation provides that a court may grant interim relief only where there is

“a real, imminent and foreseeable risk of serious and irreversible harm”.

There must be credible evidence of that; there cannot simply be a bare assertion. Clause 4(5) cites the Illegal Migration Act, which my right hon. Friends took through last summer. It is worth pointing out that section 39 of that Act sets out an extremely narrow range of circumstances in which an individual claim can be made. I encourage right hon. and hon. Members on both sides of the Committee to look at section 39 of that Act and just how high the threshold for serious and irreversible harm is set.

Let me turn briefly to new clause 6, which was tabled by Opposition Members. I was intrigued to hear the shadow Minister state that the purpose of the new clause is to invite further legal challenge. That seems to be Labour’s plan—to invite further legal challenge. That is the purpose of new clause 6, and it is the exact opposite of the purpose of Conservative Members. We want this to work.

[Stephen Kinnock]

The Minister is simply misrepresenting the purpose of new clause 6. Its purpose is to put the monitoring committee on a statutory footing so that it can potentially be subject to our domestic courts. I do not know whether he thinks that our domestic courts should be lower down the pecking order than the courts of Rwanda.

[Michael Tomlinson]

I am grateful to the shadow Minister for his intervention. When he was setting the policy out in his opening remarks, he said that it would invite further legal challenges. Those of us on the Conservative Benches want to shut out legal challenges; those on the Opposition Benches want to encourage further legal challenges.

The Government have delivered a plan for immigration that will work. It builds upon the excellent work of my right hon. Friend the Member for Witham (Priti Patel)—the champion of the Nationality and Borders Act 2022—and of my predecessors, my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham, who worked incredibly hard to deliver the long-awaited Illegal Migration Act, the toughest piece of immigration legislation until the Bill before us.

Just look at Albania. Our successful deal with Albania, which started with small numbers, has now removed nearly 6,000 people with no right to be here. We know that deterrence has worked because small boat arrivals from Albania are down by 94%. Legal challenges have not successfully stopped the flights to Albania. Those flights have not been stopped; in fact, not a single case of Albanian small boat arrivals has reached a substantive hearing at the upper tribunal in the past year.

We on the Conservative side of the Committee are united in our determination to ensure that the Bill works. As drafted, it creates an ever-tighter test than for illegal migrants facing removals to Albania. Our Rwanda Bill is tougher, tighter and goes further. We have a plan to stop the boats, and I invite hon. Members to back it.

[Alison Thewliss]

What a despondent, pathetic, ridiculous Bill this has been, and what a grim debate it has been to listen to. We have heard a wide range of speeches, most of which, I am afraid to say—I am putting it politely—were absolute guff. The UK is not looking to accommodate 8 billion people—of course it is not. Most people in small boats are not economic migrants; we know that, because the Home Office grants them asylum.

The only Member, I believe, who mentioned the people whom this Bill will affect was my friend the hon. Member for Sheffield, Hallam (Olivia Blake), who talked about the impact it will have on real people, on their lives and their futures. As far as I can establish, not one of the Conservative Members has ever met or spoken to an asylum seeker, or has any conception of the struggles they have been through, because they were not able to cite a single one sitting opposite them in their surgeries. Asylum seekers have done them no personal harm, yet they seek to ruin their lives. To make it light for a second, my hon. Friend the Member for Inverclyde (Ronnie Cowan), who ended up being crocked at the refugee football tournament he played in, does not bear any ill will towards the asylum seekers who played in that game. I think he mostly bears ill will towards me for forcing him to play in it, not the asylum seekers and refugees whose silky skills outclassed us on the football pitch. I encourage Members who want to learn a little bit more to sign up for the refugee football tournament, which will be coming up before we know it.

The UNHCR does not buy the Government’s assurances. It has been very clear that nothing that has been said or done has changed the situation. The UNHCR says that the Rwanda partnership treaty is not compatible with international refugee law, and that we cannot declare Rwanda a safe country in perpetuity. I do not believe that we should be declaring any country a safe country in perpetuity, as my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) said in relation to India, where Jagtar Singh Johal is still being held in arbitrary detention with no effort from this Government to see justice done for him.

This scheme fails in many respects. It is an affront to human rights, to the dignity of individuals and human beings, and to the international obligations that this Government have claimed they hold dear—they ask other countries to abide by international conventions and rules, yet undermine those rules when it suits them. There is a practicality issue as well. The Independent has just published some figures that the Committee may find interesting. Over the past five years, Rwanda has assessed only 421 asylum cases in total, and has refused two thirds of those cases. Many of those people are from Afghanistan and Syria, and have an indisputable case for their asylum claim to be heard. We know that Rwanda has form in not upholding its obligations: when it had a deal with Israel, it did not uphold those obligations, and nobody has given any evidence that anything has changed since the Supreme Court’s ruling on this issue last year.

Turning to the issue of deterrence, which many Conservative Members have mentioned, 70,000 people have crossed the channel since the Rwanda deal was signed. If that deal were any kind of deterrent, it would have had some kind of effect, would it not? That has not happened, and in any event, this Government seek to remove to Rwanda only a couple of hundred people out of that 70,000. They are absolutely incompetent in bringing this Bill before us today. It is a toxic distraction from a failing Home Office and a failing Government. They should do the work, process the cases, and give refugees and asylum seekers the dignity and safety that they so richly deserve.

Question put, That the amendment be made.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Gavin Robinson]

It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill), Chair of the Justice Committee. He said that at times we will see a collision between, or an interface with, politics and the law, and I hope that what arises from my contribution is that there is a third element, which is principle.

Throughout the passage of this Bill, and indeed some of the precursors to it, we have advanced a number of principled positions, one of which challenges the basis of the legal aspiration contained in the Bill, while another rightly makes the challenge that it does not matter how hard some might suggest that this is the most robust piece of legislation if it does not do what it is intended to do and is not going to work, and that it is an unprincipled place to be with the British electorate to suggest that all these steps are in earnest and have some virtue while knowing that they are inconsistent and will not work. I made those points during the passage of the Nationality and Borders Act 2022, and Ministers on the Front Bench at the time told me that I was entirely wrong, that there was no need to strengthen the provisions and that that Bill would do what they said it would. Yet now I hear, throughout discussions on this Bill and in this Committee, the very same people who then occupied the Front Bench adopting the same arguments that we deployed for the Nationality and Borders Bill.

I still find it thoroughly inconsistent in the context of this Bill that our Government have reached the position where they have an agreement with Rwanda that also involves our country accepting refugees from Rwanda, which is therefore a country deemed capable of producing refugees. It is incongruous to me that a country deemed safe by this Parliament should be capable of producing refugees from that very same country. I have not heard a robust argument as to how that is not an inconsistent position.

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

I am grateful to the hon. Gentleman for giving way and giving me a chance to put him right. I offer the example of the transit mechanism that is in place, whereby Rwanda is already hosting refugees from Libya—Rwanda, in its generosity and safety, is hosting hundreds of thousands of refugees. That is how.

[Gavin Robinson]

If the Minister is prepared to say that the only refugees who can come to the United Kingdom from Rwanda are those who have been produced as refugees from other countries, that is an absolutely fair point, but I do not think that is the point he is making. I am very happy to let him intervene again but I genuinely do not think that is the point he is making.

The point I am making is that it is entirely inconsistent to say on the one hand that we will accept refugees from a country and on the other hand to deem that country as safe. I accept our right to do it, however, and I do not quibble with the Government’s aspiration that Rwanda is a safe country. I do not quibble with that; I just say that there is a complete juxtaposition between on the one hand saying it is safe and on the other accepting refugees from that very same country.

I recognise the nature of Committee stage, but I make the point again to the shadow Minister that this is not about his valiant opposition in Committee or on Third Reading, or what passed on Second Reading; it is about the Labour party’s opposition on this Bill, which I have no doubt will fold in the other place. The political choice will be the Labour party’s to make; there is no second Session or additional Session of this Parliament. There will be no Parliament Act available to pass the Bill and it is going to be tortured in the other place. The Bill will be tortured in the other place and the only way it will emerge or emanate from this Parliament is if a political calculation is made by the Labour party that there is too much political cost in opposition to the Bill and they draw stumps and allow it to pass. I reiterate that point; I am saying it very clearly now and I suspect that in a number of months’ time the point that is being ignored today will become quite acute in our political discourse.

--- Later in debate ---

[Michael Tomlinson]

With your permission Sir Roger, may I on behalf of His Majesty’s Government pass on my sincere condolences to the family and friends of Sir Tony Lloyd, the former Member of Parliament—

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

Order. I am sorry to have to interrupt on such a sensitive issue, but Mr Speaker intends to make a statement about that later.

[Michael Tomlinson]

I am very grateful for that guidance.

May I start by turning to those who have contributed to this debate? I thank my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for his powerful points, challenging, forensic and learned points. He once again questioned what solutions are being offered by the Labour party, and he was right to do so. Answer came there none.

May I thank my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes)? As so often, he debated in poetry, and I will come back to some of his remarks in due course. I also thank the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson). She was right to ensure that she did not make a Second Reading speech, but she did mention one or two amendments and other matters, and I shall turn to those in due course.

I thank my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds). He is always thoughtful, measured and so often right, and I am grateful to him for his contributions and also for his interventions during the latter stages of this debate. The hon. Member for Glasgow Central (Alison Thewliss) cited Robert Burns and asked what he would have to say to those on the Conservative Benches. My hon. Friend and neighbour, the hon. Member for North Dorset (Simon Hoare), rather cheekily from a sedentary position suggested that Robert Burns might say to Conservative Members, “How can I join you?” That was not the gist or the thrust of her speech, but it was a cheeky intervention that I enjoyed none the less. I shall turn to her amendments in due course.

I listened to my hon. Friend the Member for Don Valley (Nick Fletcher), as I always do, and I hope to be able to turn to some of the points that he made and hopefully allay some of his fears. He said sometimes the Chamber empties, or is not as full, when he speaks. That sometimes happens to Ministers as well—that not everyone is back when they are responding to Members’ contributions. But my hon. Friend is here, and I am grateful to him for sitting through so much of this debate and for his characteristic courtesy.

My hon. Friend the Member for Ipswich (Tom Hunt) spoke with passion, as he always does, and I am grateful to him for his contribution. My hon. Friend the Member for Isle of Wight (Bob Seely) spoke at some length, and I am grateful to him for that. He delved into the principles of the ECHR, and he was enticed by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) to make some pronouncements on some of its judgements, which I thought was a little mean. None the less, my right hon. and learned Friend did proffer one suggestion, namely the case of Hirst, and I am grateful to him for that.

I am grateful to my hon. Friend the Member for Broadland (Jerome Mayhew) for his intervention and for being on duty not only in Westminster Hall, but also here in this Chamber.

The course of the debate has been constructive, on the whole. I agree that it has been broadly thoughtful and instructive. We have had exchanges on scripture, and as a lawyer, it was a joy indeed to hear the word “otiose” not once or twice, but several times. We once even heard “otiose with bells on” from my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), and I am grateful to him for that. I have not heard that expression before; it must be a legal reference that I brushed past in my youth.

We also heard about box sets from my right hon. Friend the Member for Newark (Robert Jenrick) and the hon. Member for Glasgow North (Patrick Grady), and I will need to do a bit more research on that. We touched on ECHR membership, although my right hon. Friend the Member for Newark rightly said that this was not the place to have that full debate, but he set out some of the parameters for future debates that I am sure we will have.

Clause 1 sets out the rationale for the Bill. It sets out the legal obligations and how the treaty to which the Government of Rwanda have agreed addresses the concerns that were set out by the Supreme Court. Amendments 39, 40, 41 and 42, tabled and addressed today by the hon. Member for Glasgow Central (Alison Thewliss), and amendments 43 and 44, tabled by the hon. Member for Aberdeen South (Stephen Flynn), seek to exclude the core of those provisions. The hon. Member for Glasgow Central was clear about her intention in that regard. The treaty is binding in international law and, in accordance with Rwandan law, will become domestic law in Rwanda on ratification. That is set out in detail and confirmed in article 3(6) of the treaty. It rules out anyone relocated to Rwanda being removed from there, except to the United Kingdom. That is an important part of the treaty, set out in article 10(3), and that is regardless of whether the individual is found to be a refugee or to have another humanitarian protection need. That removes the risk of refoulement.

Everyone relocated to Rwanda will receive the same treatment. Those with refugee status, those with a humanitarian protection need and even those without that status will be able to stay in Rwanda and will receive the same rights and treatment. That addresses head on the concern that the Supreme Court set out. The asylum decision-making process is being significantly reformed. Annex B of the treaty—if I have time, I might turn to the details of that—contains strengthened monitoring arrangements, and there are also strengthened monitoring arrangements to ensure adherence to the obligations.

I am grateful to my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) for his engagement. I do not believe that his concerns are right. He said “offensive or otiose”. I would suggest that neither is right, and I hope to be able to reassure him, because clause 1 makes clear that Parliament is sovereign and that its Acts are valid notwithstanding any interpretation of international law. I will come back to that “notwithstanding” terminology, which has been so contentious, perhaps, in recent history. What it does not mean is that we are legislating away our international obligations. The purpose of the Bill is to say that, on the basis of the treaty and the evidence before it, Parliament believes that those obligations have been met. It does not mean that we do not care whether they have been met. He mentioned dualism and was right to do so.

The parts of the clause to which my right hon. and learned Friend’s amendments are directed do no more than make clear what we mean by a safe country, which is a key definition applied to Rwanda, namely that the United Kingdom can remove people to that country in compliance with its international obligations and that Rwanda will not remove anyone in breach of any international law. As a former Attorney General, he also mentioned the Law Officers convention. I was grateful to him for that, for so often in this Chamber it goes unnoticed. It is an important convention, and as a former Law Officer myself I abide by it very strictly, as I know he does, so I am grateful to him for reminding the House of it.

Turning to the amendments tabled by and the speech of my right hon. and learned Friend the Member for South Swindon, I am grateful for his contributions not just today but yesterday. It is important that the will of Parliament is made clear and that, following the mammoth efforts between our Government and the Government of Rwanda, the obligations that we have agreed are fully set out. Clause 1 ensures that it is crystal clear that it is Parliament that has considered and concluded that Rwanda is a safe country. I know his concern about this sort of clause, but he will know that it is not unique and that it is not dissimilar to clause 1 of the Illegal Migration Act—[Interruption.] I suspect he is encouraging me not to pray that in aid, but it is a fact all the same that it is not unprecedented to have a clause such as clause 1 in a Bill.

I turn to clause 3. The United Kingdom has a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our international human rights obligations. We remain committed to that position and will ensure that our laws continue to be fit for purpose and work for the people of the United Kingdom. Though some of the provisions in the Bill are novel, the Government are satisfied that the Bill can be implemented in line with the convention rights.

However, it has become clear that people will seek to frustrate their removal by any means. Therefore, this Bill goes further than the Illegal Migration Act, which was taken through by my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham (Suella Braverman). As we have heard, that Act only disapplies section 3 of the Human Rights Act, whereas this Bill, and particularly clause 3, disapplies further elements of the Act. The effect is that the duty under section 6(1) of the Human Rights Act is disapplied for any public authority, including any court or tribunal, that is taking a decision based on the duty under clause 2 of the Bill to treat the Republic of Rwanda as safe.

I turn now directly to the amendments tabled by my right hon. Friend the Member for Newark, starting with his amendments 11 and 18. He is right that the Bill does not seek to disapply section 4 of the Human Rights Act; it does not, in fact, disapply the declaration of incompatibility provisions in section 4. That is the only substantive remedy against the conclusive presumption that Rwanda is safe. Retaining declarations of incompatibility is important, but of course the final say on this matter will rightly remain with Parliament and with the Government because of section 4(6) of the Human Rights Act, which makes it clear that a declaration cannot affect the operation or the validity of domestic legislation.

[Sir Robert Buckland]

My hon. and learned Friend makes an important point about the extent to which the courts should and can intervene on issues relating to the compatibility of primary legislation with the ECHR. The section 4 procedure allows the courts to express a view, but does not trespass directly upon the functions of this place in dealing with the problem. It simply gives Parliament an opportunity to rectify any situation—or not, frankly. Does he agree that section 4 is a much better mechanism for the courts to use than the clunky, inelegant and sometimes very problematic section 3 procedure?

[Michael Tomlinson]

I hear what my right hon. and learned Friend says about section 3 and I agree with him wholeheartedly. He is right to describe it as clunky, and it has been disapplied in this Bill as well as in the Illegal Migration Act.

If I may say so directly to my right hon. Friend the Member for Newark, I accept entirely his comments that he is here to help the Government and that he believes passionately in this policy. He has had several very frank, open and honest conversations with me about that, both in this Chamber and outside it, and I am grateful to him for putting his points so ably and so clearly, but the disapplication of those sections within the Bill significantly reduces the extent to which public authorities are bound to act as a consequence of the convention rights.

May I turn to clause 5 and the further amendments tabled by my right hon. Friend the Member for Newark? Clause 5 makes it clear that it is for a Minister of the Crown alone to determine whether to comply with an interim measure of the Strasbourg Court. It also makes it clear that the domestic courts may not have regard to the existence of any interim measure when considering any domestic application flowing from a decision to remove a person to Rwanda in accordance with the treaty.

--- Later in debate ---

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

The Minister just said that there will be circumstances in which we will ignore pyjama injunctions. What are the circumstances in which the Government will not ignore them and will therefore comply with them?

[Michael Tomlinson]

I could not have been clearer. There is the confirmation that we have the power, we would use the power, and the civil service will give effect to it.

Let me respond directly to my right hon. and learned Friend the Member for Fareham? She spoke powerfully, as she always does, and I always listen carefully to what she says. She set out a number of cases in which medical reasons were cited in court. Medical arguments were presented that, as she said, frustrated the will of this place. In fact, section 39 of the Illegal Migration Act—the very Act that she took through this place with my right hon. Friend the Member for Newark—addresses that exact point about medical records and medical evidence.

The following are examples of harm that do not constitute serious and irreversible harm. The first is:

“where the standard of healthcare available to”

the person

“in the relevant country…is lower than”

that available in the United Kingdom. It is there in the statute, in the Bill that we passed last year.

The second example is:

“Any pain or distress resulting from a medical treatment that is available to”

a person

“in the United Kingdom not being available to”

a person

“in the relevant country”.

That is not, does not and will not constitute serious and irreversible harm.

My right hon. and learned Friend the Member for Fareham is right to be concerned about that, but those concerns have been addressed and met in the legislation we have passed, and in the legislation that is mirrored in the Bill.

Let me turn to the important provisions of clause 8. I will directly address the hon. Member for Belfast East (Gavin Robinson) and his submissions in response to new clause 3. Nothing in the Windsor framework, including article 2, or in the withdrawal agreement affects the Bill’s proper operation on a UK-wide basis. Any suggestion to the contrary would be to imply that the scope of the rights, safeguards and equality of opportunity chapter of the Belfast/Good Friday agreement is far more expansive than was ever intended.

[Stella Creasy]

Will the Minister give way?

[Michael Tomlinson]

I will not give way.

We are unequivocal that that is simply not the case, and article 2 of the Windsor framework is not engaged. I would be happy to write further to the hon. Member for Belfast East and the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on that point to set out further detail. I hope I can reassure the hon. Member that we have already achieved the aim he seeks.

[Sir William Cash]

Will my hon. and learned Friend give way?

[Michael Tomlinson]

I will give way, but my hon. Friend must be conscious that we are up against a very tight deadline.

[Sir William Cash]

On the statements he made with regard to rule 39 and so forth, can my hon. and learned Friend explain to the Committee how the Government would be able to prevent a judicial review of the decision taken by the Minister without legislation?

[Michael Tomlinson]

My hon. Friend has heard what I said on that point. I respect and admire him; he knows the esteem that I have for him. We have a good-faith disagreement on the effect of clause 5, but the clause is clear: it is for a Minister to decide, and a Minister will decide.

[Stella Creasy]

Will the Minister give way?

[Michael Tomlinson]

May I finish my point in response to the hon. Member for Belfast East? I hope I can reassure him that we have already achieved the aim he seeks. The Bill will apply across the whole of the United Kingdom, in line with the application of our sovereign immigration policy across all four nations of the UK as a territorial whole. I am grateful to the hon. Member for his kind and generous comments about me personally, and for his engagement. I will continue to engage with him on this issue.

We have made progress towards stopping the boats, with small boat crossings down by a third in 2023, but we must do more. The only way to do so is if it is abundantly clear that illegal entry will never lead to a new life in the United Kingdom. The power of deterrence is proven beyond reasonable doubt by the success of our agreement with Albania. Parliament and the British people want an end to illegal immigration, and we need a deterrent. We have a plan—a plan to stop the boats—and I invite all right hon. and hon. Members to back it.

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

Amendment 11 has been proposed. Mr Jenrick, do you wish to press it to a vote, or do you wish to withdraw it?

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to discuss Lords amendments 2 to 10, and Government motions to disagree.

[Michael Tomlinson]

This Bill is an essential element of our wider strategy to protect our borders, and to stop the boats to prevent the tragic loss of life at sea caused by dangerous, illegal and unnecessary crossings of the channel. There are 10 Lords amendments. First, I turn to amendment 1. It implies that the legislation is not compliant with the rule of law, but I can confirm that it is. I do not accept that the Bill undermines the rule of law, and the Government take our responsibilities and international obligations incredibly seriously. There is nothing in the Bill that requires any act or omission that conflicts with our international obligations.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister will understand that many of us are deeply concerned that the Bill undermines the Good Friday agreement. He has told us previously that it does not, but he will also know that the Irish Parliament has been considering this matter. Indeed, on 20 February, the Irish Prime Minister admitted that the Irish Government were concerned and were following this debate closely. For the avoidance of doubt, can the Minister tell us when the UK Government consulted the Irish Government about this legislation, and about our obligations under the Good Friday agreement? What was the outcome of that consultation?

[Michael Tomlinson]

I am concerned with this Government and this Parliament. As for our obligations, nothing in the Bill requires any act or omission that conflicts with our international obligations. In fact, this Bill is based on compliance by both Rwanda and the United Kingdom with international law in the form of a treaty that recognises and reflects the international legal obligations of both the United Kingdom and Rwanda.

[Jim Shannon (Strangford) (DUP)]

At least the Minister responds to our questions and tries to address the issues. The last time I asked a question on this matter, he tried to answer it, but the fact is that because of Northern Ireland’s border with the Republic of Ireland, it has special circumstances. We were reassured then about Northern Ireland’s circumstances; the hon. Member for Walthamstow (Stella Creasy) referred to the Good Friday agreement, which is one example, but there is also the matter before us. Can the Minister confirm that the concerns that the Democratic Unionist party put forward in our last debate on this issue have been taken on board? We do not see that from the legislation before us tonight, and if we do not see that, it will be hard for us to support the Government.

[Michael Tomlinson]

I do recall our earlier exchange across the Chamber, and the hon. Gentleman may know of my exchange with his hon. Friend the Member for Belfast East (Gavin Robinson) and the subsequent correspondence. The Government continue to believe that there is no incompatibility between the Bill and article 2 of the Windsor framework. I know the hon. Gentleman has been concerned about that, but I hope he was reassured by some of the details set out in the letter.

[Sammy Wilson (East Antrim) (DUP)]

I must say I am surprised that the Government are not concerned about the clash between the Bill and article 2 of the Windsor framework and the Northern Ireland protocol, given that the High Court in Belfast has ruled that legislation of this nature cannot apply in Northern Ireland because it is incompatible with the obligation in article 2 to accord with European law.

[Michael Tomlinson]

I understand the right hon. Gentleman’s concerns, but I repeat that there is no incompatibility between article 2 and the Bill. He is right to cite the judgment, but there is to be an appeal, so it would not be right to debate it further at this stage. The Government’s position on this point is very clear, as set out in previous exchanges and also in the letter that is now in the House of Commons Library.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Rwanda cannot be deemed a safe country for refugees simply as a result of a unilateral declaration by the Government in the face of the courts and other independent organisations that have proved the contrary to be the case. But let me get this straight: it will cost nearly £600 million for just 300 refugees to be sent on a plane to Rwanda, which amounts to an eye-watering £2 million cost per person to the public purse. Does the Minister agree that that is precisely why this political gimmick of a Rwanda Bill is extortionate, unethical, unworkable and unlawful?

[Michael Tomlinson]

I disagree entirely with all the points that the hon. Gentleman has made; I know that he is patient, and he will hear me respond to each and every one.

[Kevin Foster (Torbay) (Con)]

Like me, the Minister has always believed that immigration should be dealt with on a UK rather than a Great Britain basis, for obvious reasons. Given the comments that we have just heard, does he agree that there is plenty of precedent within our own law for deeming certain claims for certain citizens inadmissible? That has applied to the EU, and surely it is not a problem to extend it further, because we already have the principle that we can say a claim is inherently unfounded when a country is clearly safe.

--- Later in debate ---

[Michael Tomlinson]

I agree entirely with my hon. Friend, who speaks with great experience and authority. He will be aware of other instances in which we have legislated and continue to legislate, and have deemed countries to be safe.

[Richard Graham (Gloucester) (Con)]

My right hon. and learned Friend is making a good case for the importance of the Bill and the irrelevance of the amendments offered by the other place to what we are trying to achieve. Does he agree that when people criticise the Bill on the ground of the cost of sending people to Rwanda, they entirely miss the point that this will act as a huge disincentive to people in families and communities, predominantly in the middle east, who fundraise vast sums of money in order for their children to arrive here in the UK and not end up in east Africa? Does he also agree that the accusations based on cost hugely underestimate the actual cost of housing current illegal immigrants in hotels across the country?

[Michael Tomlinson]

My hon. Friend is entirely right on both counts. I will develop the point about the deterrent effect in a few moments, because it is a point that is missed repeatedly by the Labour Members. He is also right about the cost, and the cost of not acting—not least the human cost of not acting.

[Several hon. Members rose—]

[Michael Tomlinson]

I am going to make some progress now.

The Bill is based on the compliance of both Rwanda and the United Kingdom with international law in the form of the treaty, which itself reflects the international legal obligations of both the UK and Rwanda. Along with other countries with similar constitutional arrangements to ours, we have a dualist approach; international law is treated as separate to domestic law, and international law is incorporated into our law by Parliament, through legislation. This Bill reflects the fact that Parliament is sovereign and can change domestic law as it sees fit, including, if it is Parliament’s judgment, by requiring a state of affairs or facts to be recognised. That is the central feature of the Bill, and many other provisions are designed to ensure that Parliament’s conclusion on the safety of Rwanda is accepted by the domestic courts.

The treaty sets out the international legal commitments that the UK and Rwandan Governments have made, consistent with their shared standards associated with asylum and refugee protection. We have made it abundantly clear that we assess Rwanda to be a safe country, and that we are confident in the Government of Rwanda’s commitment to the partnership in order successfully to offer safety and protection to those relocated under the treaty.

I am unable to accept Lords amendment 2 as is it simply not necessary. Rwanda has a long and proud history of supporting and integrating asylum seekers and refugees into the region. The Government of Rwanda, the African Union and the United Nations High Commissioner for Refugees signed an agreement to continue the operations of the emergency transit mechanism centre in Rwanda, which temporarily accommodates some of the most vulnerable refugee populations, who have faced trauma, detentions and violence. Rwanda has showcased its willingness and ability to work collaboratively to provide solutions to refugee situations and to crises.

It is worth reflecting on the policy statement and some of the evidence that has been put forward in relation to this debate and previous debates, because there it is clear that the EU has announced a €22 million support package to the emergency transit mechanism. The ambassador has said that it

“is a crucial life-saving initiative to evacuate people…to safety in Rwanda. It is a significant example of African solidarity and of partnership with the European Union.”

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

The point the Minister has not mentioned is that the European scheme is voluntary. Are the Government intending the same sort of parameters within this scheme?

[Michael Tomlinson]

On the safety of Rwanda, the ambassador was very clear about his assessment; I am going to continue reading the quote, but there are others. There are more than 135,000 refugees safely in Rwanda and being looked after. The ambassador went on to say:

“We are grateful to the Government of Rwanda for hosting these men, women and children until such time, durable solutions can be found.”

There is evidence of the safety of Rwanda.

[Yasmin Qureshi (Bolton South East) (Lab)]

The Minister says that he is accepting the word of the Rwandan Foreign Minister that the country is safe, yet our judges in the highest court of our country have decided that Rwanda is not safe—so is our Minister saying that the highest judges in our land are wrong?

[Michael Tomlinson]

No. Respectfully, I encourage the hon. Lady to listen to the debate, because I read out the words of the EU’s ambassador, not of any representative from Rwanda. That is a powerful independent voice, which is why I cite it here in this Chamber.

The implementation of all measures within the treaty will be expedited. Indeed, since our previous debate on this matter, the legislation required for Rwanda to ratify the treaty has passed through both Houses of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. The implementation of these provisions in practice will be kept under review by the independent monitoring committee, whose role was enhanced by the treaty and which will ensure compliance with the obligations as agreed.

[Kevin Foster]

Does the Minister recall that the Supreme Court judgment hinged on the issue of refoulement and not on whether or not refugees were safe in Rwanda? It might benefit some to have listened to its judgment.

[Michael Tomlinson]

I am grateful indeed to my hon. Friend; I will turn to refoulement and non-refoulement, and that important issue, which is exactly the basis of the Supreme Court judgment, and how we have met it through evidence from subsequent to the time when the Supreme Court was looking at the facts on the ground.

The implementation of these provisions in practice will be kept under review by the independent monitoring committee. As is stated clearly in clause 9 of the Bill, the provisions will come into force when the treaty enters into force, and the treaty enters into force once the parties have completed their internal procedures.

The Bill’s purpose is to make it clear that Rwanda is safe generally and that decision makers, as well as courts and tribunals, must conclusively treat it as such. The amendment as drafted would open the door to lengthy legal challenges, which will delay removal. It therefore follows that I cannot support the amendment. We are confident in the Government of Rwanda’s commitment, and I am clear that Rwanda is a safe country.

I turn to Lords amendment 3, which is also unnecessary. The Government will ratify the treaty only once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty. As I said, the legislation for Rwanda to ratify the treaty has now passed through both Chambers of the Rwandan Parliament. Once ratified, the treaty will become law in Rwanda. It therefore follows that the Government of Rwanda would be required to give effect to the terms of the treaty in accordance with their domestic law as well as in international law.

In relation to the monitoring committee, it was always intended that the committee be independent to ensure a layer of impartial oversight over the operation of the partnership. Maintaining that committee’s independence is an integral aspect of the policy’s design. The treaty enhances the role of the previously established independent monitoring committee and will ensure that obligations to the treaty are adhered to in practice. The details of the monitoring committee are set out in article 15 of the treaty, and it, in turn, will report to a joint committee made up of both United Kingdom and Rwandan officials.

There will be daily monitoring of the partnership for at least the first three months—the enhanced period of time—to ensure rapid identification and response to any shortcomings. The enhanced phase will ensure that there is comprehensive monitoring and reporting and that that takes place in real time. The amendment risks disturbing the independence and impartiality of the monitoring committee and therefore should be resisted.

I turn to Lords amendments 4 and 5, and the issue of Rwanda’s safety. We have already touched on this, but it is clear that the Bill’s purpose is to respond to the Supreme Court’s concern and enable Parliament to confirm the status of Rwanda as a safe third country to enable removal of those who arrive in the United Kingdom illegally. To the point made by my hon. Friend the Member for Torbay (Kevin Foster), it is the treaty, the Bill and the published evidence pack that together demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair and lawful. The Government are clear that we assessed Rwanda to be safe, and we have published evidence to substantiate that point.

[Joanna Cherry (Edinburgh South West) (SNP)]

With reference to the point made by the hon. Member for Torbay about the basis of the Supreme Court’s decision, I am sure that, like me, the Minister will have read the decision carefully. Does he agree that paragraphs 75 to 105 make it clear that there were three reasons for the Supreme Court’s decision? It was based on evidence: first, about the general human rights situation in Rwanda; secondly, about the adequacy of Rwanda’s current asylum system; and thirdly, about Rwanda’s failure to meet its obligations in a similar agreement regarding asylum seekers with Israel in 2013. Will he tell me what has happened since the Supreme Court’s decision to improve the general human rights situation in Rwanda? He will be aware that the Home Office published a 137-page document dated January this year detailing concerns about human rights in Rwanda.

[Michael Tomlinson]

In fact, that document supports the Government’s position, because the evidence put forward is balanced. The accusations from Opposition parties that somehow partisan evidence has been put before the Chamber are completely wrong and are refuted by the hon. and learned Lady’s own point. She, as Chair of the Joint Committee on Human Rights, has just been to Rwanda to see for herself—we had an exchange on that last week—and I look forward to her Committee’s report. The answer is the treaty, the Bill and the published evidence pack. In the Bill is the conclusive presumption that Rwanda is generally a safe country.

[Joanna Cherry]

My question was this: in January this year, the British Government, through the Home Office, published a 137-page document about the human rights situation in Rwanda, detailing serious concerns from such august bodies as the US State Department about the protection of human rights on the ground in Rwanda, so what has changed since the Home Office published that note in January? The Minister has not answered that question. If he cannot answer it, then this House cannot say that Rwanda is a safe country.

[Michael Tomlinson]

The answer is that the hon. and learned Lady must not cherry-pick her evidence. The evidence must be looked at in the round. As I say, it is the treaty, the Bill and the published evidence together. The hon. and learned Lady may not have confidence in our international partners to abide by their treaties, but this Government do. The Government of Rwanda will abide by their treaty.

[Joanna Cherry]

Will the Minister give way?

[Michael Tomlinson]

I will not give way. There is a conclusive presumption in the Bill that Rwanda is generally a safe country. There is a series of facts reinforced by statute. The courts have not concluded that there is a general risk to the safety of relocated individuals in Rwanda. Rather, as we have repeatedly set out, the treaty responds to the Supreme Court’s findings. The assurances we have had, since negotiated in our legally binding treaty with Rwanda, directly address the findings. They make detailed provision for the treatment of relocated individuals in Rwanda, ensuring that they will be offered safety and protection with no risk of refoulement. Respectfully, that responds directly to the points that were raised.

[Dr Luke Evans (Bosworth) (Con)]

Is the Minister aware of the United Nations High Commissioner for Refugees’ comments? It says:

“UNHCR will build on the favourable protection environment through continued advocacy and technical support to”

the Government of Rwanda. It goes on to say that it is moving from a humanitarian approach to a developmental approach, so that people will be able to have the chance of a livelihood and a safe environment to build their life for the future. Is this not exactly what Rwanda want to put across to people who find themselves there?

--- Later in debate ---

[Michael Tomlinson]

My hon. Friend proves the point I just made, that it is the evidence in the round that must be considered. I am grateful to him for drawing that to Parliament’s attention.

[Joanna Cherry]

Will the Minister give way?

[Michael Tomlinson]

I have given way twice to the hon. and learned Lady, so I will make progress. We have been clear that the purpose of this legislation is to stop the boats, and to do that we must create a deterrent. That goes to the point of my hon. Friend the Member for Gloucester (Richard Graham).

[Mr Dhesi]

Will the Minister give way?

[Michael Tomlinson]

I have already given way to the hon. Gentleman, so I will make progress.

That shows that if you enter the United Kingdom illegally, you will not be able to stay. We cannot allow systematic legal challenges to continue to frustrate and delay removals. Those Opposition Members who support this amendment do not mind if there are continuing legal challenges that frustrate and delay removals, but we on this side are not supporting the amendments. It is right that the scope for individualised claims remains limited.

[Mr Dhesi]

On that point about the deterrent, will the Minister give way?

[Michael Tomlinson]

No, I am going to move on to amendment 6.

Amendment 6 seeks to enable United Kingdom courts and tribunals to grant interim remedies. As I have previously stated, one of the core principles of the Bill is to limit the challenges that can be brought against the general safety of Rwanda. This amendment completely undermines the purpose of the Bill and is not necessary.

[Mr Dhesi]

I thank the Minister for giving way. The Rwanda plan will not work as the deterrent that Ministers claim it will, not least because it will only account for less than 1% of all those seeking to cross the channel irregularly. Where is the plan for the other 99%? Will the Minister concede that instead of fixing their broken asylum system, the Conservatives have spent an eye-watering £5.4 billion on this, including over £4 billion on asylum hotels and accommodation? That is what is at the crux of the matter, and that is what they need to resolve.

[Michael Tomlinson]

On deterrence, which I think was the thrust of the question, the Albania scheme brought into effect by the Prime Minister back in December 2022 proves the deterrent effect. Crossings on small boats by those from Albania were down 90% as a result of that agreement. That shows the deterrent effect.

Lords amendment 6 completely undermines the purpose of the Bill. It is unnecessary because the Bill already contains appropriate safeguards to allow decision makers and the courts to consider claims of an individual person in particular circumstances, if there is compelling evidence.

[Jim Shannon]

The House will know that I am the chair of the all-party parliamentary group for international freedom of religion or belief. The people who go through the system and go to Rwanda need to have their religious beliefs protected, whether they be Christians, or belong to other religions or no religion. My concern is that when they get to Rwanda, that protection may not be as strong as that which they have here. Can the Minister give some assurance that people’s religious beliefs will have the same protections?

[Michael Tomlinson]

I know how seriously the hon. Gentleman takes this important issue. There is a policy of non-discrimination in the Rwandan constitution, which will provide some reassurance. The monitoring committee is also there on a daily basis. I am grateful to the hon. Gentleman for raising that point. We have made it clear that we cannot continue to allow relocations to Rwanda to be frustrated and delayed as a result of systemic challenges on general safety.

On amendment 7, we need a strong deterrent to stop people putting their lives at risk by crossing the channel. While creating that deterrent, it is important that the Government take decisive action also to deter adults from claiming to be children.

[Mrs Natalie Elphicke (Dover) (Con)]

My right hon. and learned Friend is right that it is essential that protections are in place to ensure that adults do not masquerade as children, to safeguard all those concerned. However, he will be aware, as was raised in the Lords, that the age assessment criteria were to be introduced in 2022—[Interruption.] My right hon. Friend the Member for Witham (Priti Patel) and my hon. Friend the Member for Torbay (Kevin Foster) agree. The criteria still have not come into effect at the border in Dover and Manston. Will the Minister assist the House by explaining how there can be confidence about age assessment and how it can be gamed if the amendment is agreed?

[Michael Tomlinson]

I noted some vigorous nodding from my right hon. Friend the Member for Witham (Priti Patel) and my hon. Friend the Member for Torbay (Kevin Foster). My hon. Friend is right that we need to introduce scientific age assessments. Our European and international friends and allies do so, and we must get that scheme up and running. There is nothing in amendment 7 that directly affects that or the 2022 policy, so I encourage her to be reassured on that point. I will take away her encouragement to expedite that and I am grateful for her intervention, because she is right.

My hon. Friend anticipated my point that assessing age is inherently difficult and there are obvious safeguarding risks if adults purporting to be children are placed in the care system. It is important that we take clear steps to deter adults from claiming to be children and to avoid lengthy legal challenges to age-assessment decisions to prevent the removal of those who have been assessed to be adults. However, the amendment would result in treating differently those who are to be removed to Rwanda from those removed to another country. We consider the provisions in place entirely necessary to safeguard genuine children and to guard against adults who seek to game the system by purporting to be children.

On Lords amendment 8, the House will be aware that the Home Office regularly publishes statistics on migration levels in the United Kingdom. It is not necessary to report the number of removals to Parliament in the manner proposed. We do not consider an obligation to report to Parliament on operational matters to be appropriate.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Reverting to the previous amendment on the facts that Parliament should be given, can the Minister confirm the reports in the paper that the Home Office is now seeking to pay people to go to Rwanda in order to fill the flights? Can he also confirm that if people take up that Home Office proposal, they will be subject to exactly the same very substantial payments to the Rwandan Government? Will they also be covered by the capacity questions in the treaty?

[Michael Tomlinson]

Respectfully, that is not directly relevant to amendment 8. The answer to the question on voluntary removals is yes, this will happen in exactly the same way. There have been voluntary removals—including 19,000 last year—all the way back to the dawn of time or possibly before. There is nothing new. The novel part is that there will be voluntary removals to Rwanda; that is absolutely right. Specifically in relation to amendment 8, it is not necessary to report the number of removals to Parliament and we do not consider obligations to report to Parliament to be appropriate.

[Yvette Cooper]

Will the Minister give way?

[Michael Tomlinson]

I am going to continue.

Amendment 9 would act to impede provisions already recently passed in the Nationality and Borders Act 2022 and the Illegal Migration Act 2023. The amendment is unnecessary. It is important to be clear that 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. Furthermore, under article 13 of the treaty, Rwanda must have regard to information provided about relocated individuals relating to any specific needs that might arise as a result of their being a victim of modern slavery or human trafficking, and must take all necessary steps to ensure that those needs are accommodated.

In relation to amendment 10, the Government greatly value the contribution of those who have supported us and our armed forces overseas. That is why there are legal routes for them to come to the United Kingdom. It remains the Government’s priority to deter people from making dangerous and unnecessary journeys to the United Kingdom. Anyone who arrives here illegally should not be able to make the United Kingdom their home and eventually settle here. A person who chooses to come here illegally, particularly if they have a safe and legal route available to them, should be liable for removal to a safe country.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

The Minister seemed to try to brush over some of the costs involved. Is he aware that Virgin Galactic can send six people into space for less than this Government want to spend sending one person to Rwanda? Is it not time to rethink this absurd policy and its extortionate costs?

[Michael Tomlinson]

We had a debate on Thursday on the costs of the scheme and not a single Labour Back Bencher was there. There was only the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who proposed the debate, and the shadow Minister. Of course, I do not treat the right hon. Lady as an ordinary Back Bencher, because she is the Chair of the Home Affairs Select Committee. It was her debate, and not a single other Labour Back Bencher was there. That shows the lack of priority that Labour Members give to this matter.

In relation to amendment 10, section 4 of the Illegal Migration Act, passed last year, enables the Secretary of State, by regulations, to specify categories of persons to whom the duty to remove is not to apply, whether temporarily or permanently. For those who are not in scope of the IMA, the Home Secretary has discretion to consider cases on a case-by-case basis where circumstances demand it. I want to reassure Parliament that once the UK special forces and Afghan relocations and assistance policy review has concluded, the Government will consider and revisit how the IMA and removal under existing immigration legislation will apply to those who are determined to be eligible as a result of the review, ensuring that those people receive the attention that they deserve. The Government recognise the commitment and the responsibility that come with combat veterans, whether our own or those who showed courage by serving alongside us, and we will not let them down.

The Bill and the legally binding treaty will make it clear that Rwanda is a safe country to which we can swiftly remove those who enter the United Kingdom illegally. It addresses the factual concerns identified by the Supreme Court. It provides for clear, detailed and binding obligations in international law on both parties. It will prevent systematic legal challenges about the safety of Rwanda from frustrating and delaying removals. As my hon. Friend the Member for Gloucester (Richard Graham) set out, it provides a strong deterrent and a clear message to illegal migrants and criminal gangs that if people come to this country by unlawful means, they will not be able to stay.

[Mr Speaker]

I call the shadow Minister.

--- Later in debate ---

[Jim Shannon]

It is a real pleasure to speak in this debate, Mr Deputy Speaker. I thank right hon. and hon. Members for their comments. This is no doubt a contentious issue on which we all have opinions, but ensuring safety for all is everyone’s main priority. My right hon. Friend the Member for East Antrim (Sammy Wilson) set out the position of the Democratic Unionist party.

I want to make three points in the next five minutes. The first relates to Lords amendment 10 and those who helped us in Afghanistan. In February 2022 I met an Afghan national who served alongside one of my constituents in an Army role. I do not want to go into any more detail about that, other than to say that that man and his four children are under threat in Pakistan. I have done everything in my power as an MP, along with other MPs, to try to get him home. We have got him a house and job. The hon. Member for Torbay (Kevin Foster) said that all they are getting is a place, but we have got him a house and a job in a company in Newtownards. We will get his children integrated into school, because we have done that already with Syrian refugees. We took them in, and they are established and do not want to leave. My first question to the Minister about ensuring that we can do that.

Secondly, I refer back to my earlier intervention about the Northern Ireland court ruling. A legal decision has been taken in Belfast, and the Minister clearly responded that it will be challenged. I wish the Minister well on that challenge, and I hope that the ruling can be overturned. If it is, Northern Ireland will be the same as every other part of the United Kingdom. If not, we are clearly different. I hope the Minister will come back to me on that.

Thirdly, I said earlier that I am the chair of the APPG for international freedom of religion or belief, which is an important issue for me and for many MPs in this House, and some Members of the House of Lords. We have 174 members—MPs and peers—which indicates the importance of the issue. Ensuring that religion is respected is so important to me and others. I am going to speak to some of the Lords amendments, as everyone has done in their own way. Clause 2 would require decision makers conclusively to treat Rwanda as a safe country. If that presumption is made, it is crucial that the same presumption applies to how members of certain communities will be treated once there. We can have all the freedom of religious belief in this great United Kingdom of Great Britain and Northern Ireland, but if they do not have it in Rwanda, the whole object of the exercise has been defeated. I seek that assurance.

Lords amendment 6 would further allow decision-makers to determine whether Rwanda can be deemed a safe country for certain individuals or groups of similar persons. I am pleased that this protection has been addressed, because it could protect certain groups of people of a particular religion, to ensure their safety. The only concern is that if there is more scope for granting injunctions that delay removals, we could see ourselves in a similar position of a long list of delayed Home Office decisions that could take months to be concluded.

I am pleased that protections are being considered for victims of slavery or human trafficking. Given that victims are brought to the UK involuntarily, their circumstances should be assessed differently to ensure their safety. Under-18s may not have a parent with them, so special provisions must be in place. In the short time that the Minister has, I ask him to ensure that protection is given to them so that they are not taken advantage of—that is critical.

It is always important to debates these issues thoroughly, as they have been by Members on all sides of the Chamber, with slightly different opinions. Other people’s lives are in our hands, and these issues are paramount. There is no doubt that we have a problem with illegal migration in this country, as my right hon. Friend the Member for East Antrim said. No one in the Chamber, from whatever party, can ignore that issue, but there are exceptional circumstances for some people, and consideration must be given to them. No matter where they are being deported to, it must be a safe place for those with specific religious beliefs. They must be protected. If we can protect them and their freedoms, human rights and religious beliefs wherever they may be, that will be a step in the right direction for me, as the chair of the APPG for international freedom of religion or belief. More importantly, it will be a step in the right direction for those people who are making the choice to go to another country.

[Michael Tomlinson]

May I start by thanking every single right hon. and hon. Member who has contributed during the course of this debate? It has been detailed, thorough and constructive, and I am grateful to each and every one who has contributed. I shall start in reverse order with the hon. Member for Strangford (Jim Shannon), who is so often left until the end. It was delightful to see him without a time limit on the clock at least. I will come back to his point on amendment 10 at the end, as a number of hon. Members have mentioned it. On the question of under-18s, article 3.4 of the agreement does not cover unaccompanied children. I know that he will be partially reassured by that.

On his important comments on religion and faith, I point him to articles 11 and 16 of the constitution of Rwanda. I know that he will look at them, and I hope he will find reassurance there.

Turning to the penultimate speaker, the hon. Member for Glasgow North (Patrick Grady), to whom I always listen carefully, he has renewed his invitation and I accept once again. I confirm that I look forward to my visit with him to Glasgow.

Going back to the beginning of the debate, perhaps one of the most instructive parts was the exchange between the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), and my hon. Friend the Member for Torbay (Kevin Foster). It contained the foreshadowing of a comment made time and again by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who is in his place and who repeatedly makes the point that it is incumbent upon anyone who disagrees with this policy to come up with their own solution to the problem of how we should deal with people who enter the country with no legitimate, credible case for claiming asylum and being granted safe haven but who cannot be returned to their home country. That point was made powerfully today by my hon. Friend the Member for Torbay, but once again, answer came there none.

I agree with the opening remarks of my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) and with hopefully more than just the first half of his speech, but certainly the first half of it. He characterised this debate, this Bill and this issue incredibly well and I encourage Members to turn to his speech. I agree with his assessment of amendments 2 and 3. He is right to say that they would transfer authority on to the monitoring committee rather than on to Parliament, which is the right place for it to be. He tempted me to delve further into issues that he rightly acknowledged are not strictly part of this debate—at least not today—but I will consider them carefully, as he knows. I am grateful to him for his contributions.

On the last occasion that the hon. Member for Glasgow Central (Alison Thewliss) and I exchanged views on this Bill, I undermined her credentials by not disagreeing with each and every one of her submissions. I will start to make amends today and pick her up on two issues. On the emergency transit mechanism, it is a treaty—it is an agreement that has been signed by the African Union, the UNHCR and the Government of Rwanda. It is important. It is supported and backed by the EU to the tune of €22 million and has been warmly welcomed by the EU ambassador with words that I do not have time to repeat now, but I read them out at the outset of the debate. I agree with the hon. Lady when she said that the amendments were designed to undermine the purpose of the Bill. She was very plain and open about that, in stark contrast to those on the Labour Benches.

My hon. Friend the Member for Rother Valley (Alexander Stafford) also made that point powerfully, as did the hon. Member for Brighton, Pavilion (Caroline Lucas). They confirmed that these are wrecking amendments. If anyone wants to put a stop to the Bill, they should support these amendments. My hon. Friends the Members for Stone (Sir William Cash) and for Rother Valley talked about sovereignty of Parliament. My hon. Friend the Member for Stone talked about clear and unambiguous language and cited the famous paragraph 144 of the Supreme Court judgment. He also cited Lord Hoffmann. I agree with him when he speaks about the strengths of our unwritten constitution.

Can I gently push back on something that the Chair of the Select Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), said? My hon. Friends the Members for Gloucester (Richard Graham) and for Rother Valley tackled the deterrent effect powerfully at the outset. The deterrent effect is there. Albania has already shown that: numbers have dropped by over 90%. Can I also gently push back with her on scrutiny and respectfully point out once again that both myself and the Minister for Legal Migration and the Border, my hon. Friend the Member for Corby (Tom Pursglove), were in front of her Committee within hours of being appointed? Indeed, so much did my hon. Friend enjoy that experience that he was back in front of her Committee again last week. Having read the transcripts and seen the reports of it, I know that it was a constructive and instructive exchange between the Committee and the Minister, and rightly so. We had the debate last week and we have had the debate again today: scrutiny, scrutiny, scrutiny—something I very much welcome and that I know my hon. Friend the Member for Corby welcomes, having appeared twice before the Committee in quick succession.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) spoke about her visit to Rwanda. May I gently say that I disagree fundamentally with her assessment? I suggest that the evidence needs to be looked at in the round. It is a powerful thing that evidence has been put forward that represents the spectrum of views, but it needs to be looked at in the round. In relation to Rwanda, I disagree with her because we on this side are confident in the Government of Rwanda’s commitment to implement this partnership. We are clear that Rwanda is a safe country.

There were some instructive and powerful interventions on this from my hon. Friend the Member for Hartlepool (Jill Mortimer). I am also grateful to my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) for her speech, having just been to Rwanda, and for giving her powerful assessment of where we are.

I am grateful to my right hon. Friend the Member for Witham (Priti Patel), who talked about the monitoring committee. What she said was absolutely right, and not just because one member of that committee is a former Solicitor General. It is an important institution. Paragraph 101 of the policy statement sets out more detail on that. My right hon. Friend is the author and architect of this and therefore speaks with great authority. I am grateful to her for reminding the House about this. I also have time to mention the economic partnership, which she mentioned last Thursday as well. That is something we should not forget, and it was mentioned on Second Reading.

I am very grateful to my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) for his intervention. He spoke about the essence of democracy: the law is our servant. I heard a “Hear, hear” from another former Solicitor General at the back of the Chamber at that point, and he was right to say so. As my right hon. and learned Friend said, this Bill is the constitutionally appropriate response to the Supreme Court judgment—respectful, listening and responding to the concerns contained therein.

The monitoring committee is the one thing that I would mention to my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland). I would gently point out to him, as my right hon. Friend the Member for Witham did, that the right checks and balances are in place. My right hon. and learned Friend the Member for South Swindon spoke about amendments 2 and 3, saying that they would transfer authority from Parliament to the monitoring committee, and he is right.

In response to the right hon. Member for East Antrim (Sammy Wilson), I only have time to repeat that the Bill applies across the entirety of the United Kingdom, but I am grateful to him for his intervention.

On amendment 10, I repeat that the Government recognise the commitment and the responsibility that come with combat veterans, whether our own or those who have shown courage by serving alongside us. We will not let them down.

These amendments either seek to undermine the primary purpose of the Bill or are simply unnecessary, as they do not support the purpose of the legislation.

Question put, That this House disagrees with Lords amendment 1.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords message
Monday 15th April 2024 Commons Chamber

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

I beg to move.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following Government motions:

That this House disagrees with the Lords in their amendments 3B and 3C.

That this House disagrees with the Lords in their amendment 6B.

That this House disagrees with the Lords in their amendment 7B.

That this House insists on its disagreement with the Lords in their amendment 9 but proposes additional Amendment (a) to the Bill in lieu of that amendment.

That this House disagrees with the Lords in their amendment 10B.

[Michael Tomlinson]

Here we are, back again debating the same issues and amendments that we have already rejected. We are not quite at the point yet of completing each other’s sentences, but we are almost there. The issue before the House is whether the clearly expressed views of this House throughout the entire passage of the Bill should prevail. We simply cannot accept amendments that provide for loopholes that will perpetuate the current cycle of delays and late legal challenges to removal. We have a moral duty to stop the boats. We must bring an end to the dangerous, unnecessary, and illegal methods that are being deployed. We must protect our borders and, most importantly, save lives at sea. Our partnership with Rwanda is a key part of our strategy.

The message is absolutely clear: if a person comes to the United Kingdom illegally, they will not be able to stay. They will be detained and swiftly returned to their home country or to a safe third country—Rwanda.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will the Minister give way?

[Michael Tomlinson]

No, I will not give way.

On Lords amendment 1, the use of a section 19(1)(b) statement does not mean that the Bill is incompatible with the European convention on human rights. There is nothing improper or unprecedented with such a statement. It does not mean that the Bill is unlawful or that the Government will necessarily lose any legal challenge. These statements have been made in the past, including in 2003 under the last Labour Government. We have a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our international obligations, and we remain committed to that position. Our focus is on passing this legislation, which will deter people from entering the country dangerously and illegally.

Turning to the revised amendments on the implementation of the treaty and the role of the monitoring committee, clause 9 clearly sets out that the Bill provisions come into force when the treaty enters into force, and the treaty enters into force when the parties have completed their internal procedures. Amendment 3B confuses the process for implementing the treaty with what is required for the Bill provisions to come into force. Amendment 3B confuses the process for implementing the treaty with what is required for the Bill provisions to come into force.

As I have said, the treaty enhances the role of the monitoring committee, and the monitoring committee will ensure that obligations under the treaty are adhered to in practice. It was always intended for the monitoring committee to be independent. Maintaining the committee’s independence is an integral aspect of the design of the policy, and Lords amendment 3C risks disturbing that independence and impartiality. The Government will ratify the treaty only once we agree with Rwanda that the necessary implementation has taken place for both countries to comply with the obligations under the treaty. That being the case, there is simply no need for the amendment.

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

Will the Minister give way?

[Michael Tomlinson]

I will not. Turning to Lords amendment 7B, we know that assessing age is inherently difficult, but it is important that the Government take decisive action to deter adults from knowingly claiming to be children. There are obvious safeguarding risks relating to adults being placed in the care system. It is crucial that we take steps to safeguard children, and avoid lengthy legal challenges that prevent the removal of those who have been assessed to be adults. The amendment would result in those who are to be removed to Rwanda under the Illegal Migration Act 2023 being treated differently from those who are being removed to another country under the same Act. There is simply no justification for that differential treatment.

[Barry Gardiner]

Will the Minister give way?

--- Later in debate ---

[Michael Tomlinson]

I will not; I will make some progress. Lords amendment 9 undermines provisions in existing legislation and is completely unnecessary. It is vital that the Government take steps to reduce or remove incentives for individuals to enter the country illegally. These illegal practices pose an exceptional threat to public order, risk lives and place unprecedented pressure on public services.

As I have set out, under article 13 of the treaty, the Government of Rwanda will have regard to information provided relating to any special needs that an individual may have as a result of them being a victim of modern slavery. Rwanda will take all necessary steps to ensure that these needs are accommodated. To that end, the Government have tabled amendment (a) in lieu, which requires the Secretary of State to publish an annual report about the operation of the legislation as it relates to modern slavery and human trafficking provisions. With that in mind, I invite the House to reject Lords amendment 9 and agree with the amendment in lieu.

  On Lords amendment 10B, as I have set out, the Government recognise our commitment and responsibility to combat veterans, whether our own or those who showed courage by serving alongside us. We will not let them down. Once again, I reassure Parliament that once the UK special forces and Afghan relocations and assistance policy review has concluded, the Government will revisit how the Illegal Migration Act, and provision for removal under existing legislation, will apply to those who are eligible to stay as a result of the review, ensuring that these people receive the attention that they deserve. This is a commitment that both Lord Sharpe and I have made on behalf of His Majesty’s Government.

This, the elected House, has voted to give the Bill a Second and Third Reading, and voted down each of the Lords amendments. I invite all right hon. and hon. Members to stand with the Government in upholding the will of the House of Commons, and to support the Government motions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

--- Later in debate ---

This is a rubbish Bill, and it should be thrown out. I congratulate those in the other place on doing their best to bring some sense to it, but regrettably we will not be able to throw it out. The best we can do is vote for the amendments tonight and send a message back to the Lords: they should keep fighting, because at least they have some sense of the reality of what people seeking asylum in this country are experiencing.

[Michael Tomlinson]

With the leave of the House, Mr Deputy Speaker.

I opened the debate by saying that we were not quite at the point of completing each other’s sentences, but perhaps we are there now. My hon. Friend the Member for Stone (Sir William Cash) hinted that I might be in danger of repeating myself, so I will ensure that I keep my remarks to the point.

I thank all Members for their contributions. As always, I thank the hon. Member for Aberavon (Stephen Kinnock) for the way in which he conducted himself; he reminded us that he is an inveterate optimist, as perhaps those sitting on the Labour Benches have to be. It is fair to say that this has been a good-natured debate, despite some uncharacteristic heckling from the shadow Secretary of State, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I was gently chided by the hon. Member for Westmorland and Lonsdale (Tim Farron) for not giving way, but I was pleased that I did not give way to the hon. Member for Brent North (Barry Gardiner), not least because he said that his intervention related to Lords amendment 2, which does not appear on the amendment paper—it is not on the list—and is not being debated.

As always, I thank the hon. Member for Glasgow Central (Alison Thewliss) for her contribution. She will be pleased to know that we disagree again, which will reassure her, but I am sure that her campaign will continue.

My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) made some serious points, as always. On his point about the two local authorities—this is also relevant to the point made by the right hon. Member for Hayes and Harlington (John McDonnell)—I recently met the leader of Hillingdon Council, Councillor Ian Edwards, and we discussed some of the issues and pressures. I am very grateful to my hon. Friend the Member for Ruislip, Northwood and Pinner for his contribution. He tempted me to go down a certain path, which is unnecessary in relation to the ECHR’s recent judgment. Indeed, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) also tempted me to go down that path, but I will resist the temptation for the time being.

The Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), mentioned a desire to debate the treaty. May I gently suggest to her that we have had ample opportunity to debate the treaty, not least as part of the proceedings for this Bill?

May I respond to the points made by my right hon. and learned Friend the Member for South Swindon? He mentioned his liking for Lords amendments 3B and 3C, and he asked me what progress has been made. I can reassure him that progress has been made and that the Government will only ratify the treaty once we agree with Rwanda that all necessary implementation is in place for both countries to comply with their obligations under it. He also rightly asked, as did other right hon. and hon. Members from across the House, about Lords amendment 10B. I merely repeat the point that the Government recognise the commitment and responsibility that comes with combat veterans, whether they are our own or those who showed courage by serving alongside us. We will not let them down.

I invite all right hon. and hon. Members to join us in the Aye Lobby. It will allow us to get flights off the ground to disrupt the business model of people smugglers, who are exploiting vulnerable people.

[Mr Deputy Speaker]

I am expecting several Divisions.

Question put.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords message
Wednesday 17th April 2024 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 1D.

[Madam Deputy Speaker]

With this it will be convenient to discuss:

Lords amendment 3E, and Government motion to disagree.

Lords amendment 6D, and Government motion to disagree.

Lords amendment 10D, and Government motion to disagree.

[Michael Tomlinson]

Madam Deputy Speaker, here we are again—you were in the Chair the last time we considered this Bill. This House has now voted several times, including in our strong endorsement of the Bill on Second and Third Readings. We need to bring this process to a conclusion to get the Bill on to the statute book and to get the flights off the ground as soon as possible.

Lords amendment 1D says we should have “due regard for” the Children Act 1989, the Human Rights Act 1998 and the Modern Slavery Act 2015, but why stop there? Why not the Equality Act 2010, the Data Protection Act 2018 or any other Act? Why not list the whole statute book? The answer is because it is not necessary. Together, the treaty, the Bill and the evidence demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair, is lawful, has justification and seeks to uphold our international obligations.

As I set out in our earlier debates, the Government respect the Supreme Court’s decision, and it was precisely to address the Supreme Court’s concerns that we brought forward the treaty with the Republic of Rwanda. We have also prepared an evidence pack on what has changed and how those concerns are being addressed.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am struck by how reasonable Lord Hope’s amendment seems in setting up an independent body to assert that Rwanda is a safe place, as the Minister says. What could possibly be wrong with that?

[Michael Tomlinson]

I will address that amendment in a few minutes, but there already is an independent body: the monitoring committee is part of the treaty. I am not speaking to that amendment at the moment, but I hope to allay some of the hon. Lady’s concerns in a few minutes’ time and then to see her in the voting Lobby.

Having considered the lengthy and extensive exchanges throughout the Bill’s passage, the Government now invite Parliament to agree with our assessment that the Supreme Court’s concerns have indeed been properly addressed and to enact the Bill accordingly.

[Jim Shannon (Strangford) (DUP)]

My party will support the Government, with the exception of one amendment. I have previously asked the Minister about freedom of religion or belief. We have that freedom in the United Kingdom, but some disquiet has been expressed to me, as chair of the all-party parliamentary group for international freedom of religion or belief, about that freedom in Rwanda. People have repeatedly asked me this question, which I sincerely and graciously ask the Minister to answer. Is there the same freedom of religion or belief in Rwanda as we have in the United Kingdom?

[Michael Tomlinson]

I cannot tell the hon. Gentleman that any two countries’ systems are the same. As I have previously said, those freedoms are in Rwanda’s constitution. He has previously asked me that question, and I have read out the precise wording. I endeavour to do so again before the end of this debate.

[John Redwood (Wokingham) (Con)]

Many people share the Government’s ambition to stop the boats. Would these Lords amendments not muddle the legislation in a way that, once again, would leave us open to an unnecessary court challenge? Can he reassure us that, unamended, the Bill will do the job?

[Michael Tomlinson]

I know my right hon. Friend has taken a close interest in the Bill since the outset, and he is right. The amendments fall into two categories: those that are simply unnecessary and those that are worse than unnecessary. The second group are wrecking amendments deliberately designed to prevent the very things that the Bill was designed to do—namely, stopping the boats and getting the planes off the ground.

My hon. Friend the Member for Stone (Sir William Cash) has previously accused me of repeating myself from time to time—heaven forfend—but he is right, because our approach is justified as a matter of parliamentary sovereignty and constitutional propriety. Indeed, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) has even said that it is not unprecedented, and he is right. It also meets our international obligations.

[Sir William Cash (Stone) (Con)]

I reciprocate the Minister’s comment because, in so far as I may have rather infelicitously suggested that he has repeated himself, I have to confess that I, too, have repeated myself. [Hon. Members: “No!] Yes, and I have done so for extremely good reasons.

My amendment, which I will not go into now, received huge support in this House but was not accepted by the Government. It still presents a serious question that has to be answered. Going back to what my right hon. Friend the Member for Wokingham (John Redwood) said, there will come a time when this Bill is passed, hopefully in the immediate future, after which it will receive Royal Assent. At that very moment, as sure as anything, a claim will be made straightaway by Matrix Chambers, or by one of the other doughty chambers or whoever. The question will then be what the Supreme Court is going to do about it. That is the subject to which I keep returning.

As the Minister knows only too well, when we said that we were concerned that the Bill will not work, it was not because we did not want it to work; it was the exact opposite. We want it to work, but given that the Opposition are still going on about international law, we need to be sure that the wording is clear and unambiguous so that the Court rules in the Government’s favour. If not, it is all over.

[Michael Tomlinson]

Once again, I am very grateful to my hon. Friend for his intervention. He has a tendency to repeat himself from time to time, as he admits, but he is right to do so. He has previously mentioned paragraph 144 of the Supreme Court’s judgment, which I can cite in full:

“in any event, the principle of legality does not permit a court to disregard an unambiguous expression of Parliament’s intention such as that with which we are concerned in the present case.”

It has been our joint endeavour to ensure that this legislation is clear and unambiguous.

On the treaty’s implementation, I reiterate that clause 9 clearly sets out that the Bill’s provisions come into force when the treaty enters into force, and that the treaty enters into force when the parties have completed their internal procedures. We will ratify the treaty only once we agree with Rwanda that all the necessary implementation is in place for both countries to comply with the obligations under the treaty.

The monitoring committee, as I told the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), will undertake daily monitoring of the partnership for at least the first three months to ensure rapid identification and response to any issues. This enhanced phase will ensure that comprehensive monitoring and reporting takes place in real time.

[Debbie Abrahams]

Will the Minister ensure that the report is laid before Parliament so that we can review it?

[Michael Tomlinson]

The monitoring committee’s work is independent. Commitments have already been made that there will be an update in Parliament, which is one of the amendments in lieu that we agreed to last time. Today, the right thing to do is to push back on all these amendments, which are either unnecessary or wrecking.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I appreciate the tone and manner in which the Minister is approaching this difficult issue, but can he help on one matter? I understand his point that some amendments might have the effect of delaying the Bill, or might give rise to challenges and delay the policy objective, but I am troubled about why that should be thought to apply to Lords amendment 3E, proposed by Lord Hope of Craighead, who is a distinguished jurist and whose amendment is proposed in moderate and unpartisan terms. The rub of what will happen going forward is whether or not Rwanda is safe. Parliament can legislate, as a matter of sovereignty, to say that it is safe, but for the legislation to be effective we have to deal with the fact that we have chosen to make ourselves judges of fact, but facts may change. Given that we have put in place the mechanism, with the monitoring committee and enhanced arrangements, which are all to the Government’s credit, I struggle to see what is in the Hope amendment that undermines the operationality of the Bill, rather than helping it. If facts did change, would it not be helpful to have such a mechanism to enable us to review that, on an informed basis?

[Michael Tomlinson]

I am grateful to my hon. and learned Friend for his engagement in the Chamber during previous debates and outside the Chamber. I hope over the next few minutes to persuade him as to why this specific amendment is in fact unnecessary. I share his respect for the noble Lord Hope, as should we all, but I respectfully disagree with him that this amendment is necessary. Let me explain why.

The implementation of these provisions will be kept under review by the independent monitoring committee that we have been discussing. That role was enhanced by the treaty from that originally envisaged. The commitment from our friends and allies in Rwanda is evident given the progress that has already been made. Let me set out two or three concrete pieces of evidence to help my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill).

On Thursday 21 March, the Rwandan Senate passed 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. The complaints process has been set up. This, plus the wider assurances on the training process, which will ensure the quality of decision making and build capability in Rwanda’s asylum system, all reaffirm the fact that we have confidence in Rwanda’s commitment to delivering this partnership and in its status as a safe country.

As is evident from our numerous debates, Rwanda has a strong track record of welcoming asylum seekers and looking after refugees, and it has also been internationally recognised as generally safe and stable. A further piece of evidence is that Rwanda’s overall score in the World Justice Project’s rule of law index has increased consistently. It is the first in sub-Saharan Africa and 41st globally. In fact, it is higher than both Georgia and India, which this Parliament has in the recent past confirmed are safe countries. Those relocated to Rwanda will be given safety and extensive support, as detailed and set out in the treaty. I am grateful to all the officials in the Government of Rwanda who have been working so hard on this.

Lords amendment 6D, which I characterise as a wrecking amendment, would simply encourage illegal migrants to continue to frustrate the system through lengthy legal challenges in order to prevent their removal, running contrary to the core purpose of the Bill. The Bill strikes the appropriate balance of limiting unnecessary challenges that frustrate removal, while maintaining the principle of access to the courts. Taken as a whole, the limited availability of domestic remedies maintains the right constitutional balance—the balance that we have all been seeking in this Chamber—between Parliament being able to legislate as it deems necessary, and the powers of our courts to hold the Government to account.

Turning to the final Lords amendment, amendment 10D, I acknowledge, as I acknowledged during our previous exchanges, that this Government recognise the commitment and responsibility that comes with combat veterans, whether our own or those who have shown courage by serving alongside us. I repeat: we will not let them down. Section 4 of the Illegal Migration Act 2023 enables the Secretary of State to specify categories of persons to whom the duty to remove will not apply. Once the United Kingdom’s special forces Afghan relocations and assistance policy review, announced on 19 February, has concluded, the Government will consider how to revisit our immigration legislation and how it will apply to those who will be eligible as a result of the review.

[Sammy Wilson (East Antrim) (DUP)]

It is one thing to hear the Minister give the assurances he has given today, but the fact remains that we have been out of Afghanistan for some time now. There is considerable evidence that those who helped us, and put themselves in danger as a result, have not been able to get easy access to the United Kingdom and get immigration status. The Government have not dealt with the issue in the past, despite the fact that the difficulty that these people are facing has been made quite clear, so why should we believe their assurances that they will deal with it in the future? Therefore, this amendment is necessary.

[Michael Tomlinson]

The answer is that this Prime Minister has placed around his Cabinet table the Minister for Veterans’ Affairs, my right hon. Friend the Member for Plymouth, Moor View (Johnny Mercer)—a veterans’ Minister sitting at the highest level. My right hon. Friend the Home Secretary has served our country, as have many right hon. and hon. Members across the House. We will not let veterans down. That is the reassurance that has been given from this Dispatch Box and in the other place by the noble Lord Sharpe.

The hon. Member for Aberavon (Stephen Kinnock) expressed optimism on Monday. I confess that I too am an optimist. May I take this opportunity, perhaps in the optimistic hope that this might be my last opportunity during the passage of the Bill, to thank all the Bill team in the Home Office for their extraordinary work? It is a team effort, but may I praise one who has gone above and beyond, whose voice, I hope, recovers? She knows who I am talking about. I thank the parliamentary Clerks for their advice and assistance, not least in our marathon Reasons Committee sessions. I thank you, Madam Deputy Speaker, for always ensuring that I have been in order.

To conclude, we have made it abundantly clear that our priority is to stop the boats. We simply cannot stand by and allow people smugglers to control who enters our country and to see more lives being lost at sea. We have an obligation to the public and to those who are being exploited by criminal gangs to stop this vile trade and protect our borders. Letting this Bill pass now will send a clear signal that if people come to the United Kingdom illegally they will not be able to stay. I commend the motion to the House.

[Stephen Kinnock (Aberavon) (Lab)]

I thank the noble Lords in the other place for all the hard work they have done in trying to amend the Bill, which is quite frankly a sham and a con. I would like to highlight the restraint that they have exercised. Despite the deeply damaging nature of this legislation, in terms of its impact on our constitutional conventions and our adherence as a country to the rule of law, none of the amendments before us today seeks to wreck the Bill or the unworkable, unaffordable and unlawful scheme the Bill seeks to enact. Not one of them would prevent flights to Rwanda from taking off or stop the Government flogging this dead horse of a policy. Instead, the amendments seek only to commit the Government to the promises they have already made about who will be sent to Rwanda, and to clarify the mechanisms that will underpin that process.

Ministers claim that there is tremendous and pressing urgency, but if that is the case why did the Government forgo the opportunity to use Monday 25 and Tuesday 26 March for debates and divisions on the Bill? Could it be because they needed extra time to scramble high and low for an airline that wanted to be associated with this unworkable, unaffordable and unlawful scheme? Or could it be because the Home Secretary is unable to decide who should be exempted from deportation to Rwanda? Indeed, it has been reported that, because of his dithering, the entire hare-brained scheme has been given a “red risk” rating in the Home Office.

That brings me to the permanent secretary’s comments at the Public Accounts Committee on Monday—namely that 40,000 asylum seekers are currently stuck in the truly Kafkaesque perma-backlog of inadmissible cases whose claims for asylum the Government are refusing to process. Forty thousand requires an awful lot of flights, given that the Government have not managed to get one flight off the ground and given what we know about the Rwandan Government’s capacity to process just a few hundred cases a year.

Therefore, given that a maximum of around 1% of the asylum seekers who are in the perma-backlog can be sent to Rwanda, what is the Minister’s plan for the remaining 99% who are stuck in this indefinite limbo of his Government’s own making? Is the plan to keep them in taxpayer-funded hotels, of which hundreds are still in operation, according to what the Minister for Legal Migration and the Border said on Monday, despite the Government’s boasts? Or, perhaps they will have an amnesty, which the hon. Member for South Thanet (Craig Mackinlay) warned about last year, and which the hon. Member for East Worthing and Shoreham (Tim Loughton) warned about at that very Committee.

Well, we know what we would do: we would deliver our backlog clearance plan, surging the number of decision-makers to process claims quickly, and set up our new returns and enforcement unit with 1,000 new staff to remove those who have no right to be here.

It is quite frankly shocking that the number of foreign criminals removed has dropped by a staggering 27 % under the Conservatives, and also profoundly worrying that the number of failed asylum seekers being returned has plummeted by 44 % in that time, with just 2%—2%!—of small boat crossers removed since 2018. What a sorry state of affairs.

Our new returns unit, together with our cross-border police units to go after the criminal smuggler gangs operating in the channel upstream—funded, of course, through redirecting the money that has been squandered on Rwanda—gives us a compelling and realistic plan. It is a plan that is based on hard graft, common sense and effective international co-operation, in stark contrast with the headline-chasing gimmicks, empty gestures and blank cheques that have come to define the way in which successive Conservative Governments have broken our asylum system and lost control of our borders.

The Government’s refusal to engage constructively with the other place on this Bill is deeply disappointing, given that their lordships have simply been fulfilling their constitutional duty to revise and improve the draft legislation that we convey to them. The noble Baroness Butler-Sloss received a tiny concession for her commendable attempts to stop the Government sending victims of modern slavery to Rwanda, but let us be clear: that concession was barely worth the paper that it was written on.

It is utterly shameful that Ministers are still refusing to accept the amendment in the name of the noble Lord Browne. We owe a debt of honour and gratitude to the Afghans who so bravely fought alongside British troops, and the idea that we might send them to Rwanda is simply unconscionable. Lord Browne’s amendment is not only driven by a moral imperative; it is underpinned by our national interest and by military logic, for the simple and obvious reason that the ability of our armed forces to recruit local allies will be severely constrained if this Bill passes unamended.

Let me turn now to the other amendments before us today. It cannot be repeated often enough that adherence to the rule of law must remain at the heart of our constitutional conventions, and as a cornerstone of our liberal democratic values. It is therefore profoundly concerning that Ministers continue to refuse to recognise how important it is for Britain to abide by these principles, and to have this commitment in the Bill.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Minister.

[Michael Tomlinson]

I am very grateful to you, Madam Deputy Speaker. With the leave of the House, I would like to make a few remarks; I fear that I do not have time to respond to each and every point that has been made, but I thank right hon. and hon. Members right across the House for the contributions they have made.

I want to pick up on one contribution, which is the intervention that my right hon. Friend the Member for Wokingham (John Redwood) made on the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock). The shadow Minister cannot actually say what Labour would do: he says that he has a plan, but all Labour can say it would do is exactly what the Government are already doing. It has said that it would scrap the Rwanda scheme even when it is up and running, but it has not found a deterrent. Worse than that, as my hon. Friends the Members for East Worthing and Shoreham (Tim Loughton) and for Torbay (Kevin Foster) have also said previously, it is incumbent on anyone who disagrees with this policy to come up with their own solution to the problem of how we deal with people who enter the country with no legitimate, credible case for claiming asylum and who cannot be returned to their home country. As ever, answer came there none from the Labour party.

Letting this Bill now pass will enable us to send a clear signal: “If you enter this country illegally, you will not be able to stay. You will be detained and swiftly returned to your home country or to a safe third country, namely Rwanda.” I urge this House to once again send a strong message back to the other place that these amendments are not necessary.

Question put, That this House disagrees with Lords amendment 1D.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 3G.

[Mr Speaker]

With this it will be convenient to discuss Lords amendment 10F, and Government motion to disagree.

[Michael Tomlinson]

It appears that I was indeed optimistic last week when I foresaw the end of ping-pong and looked forward to the time when we were not debating this particular piece of legislation. It is disappointing that we are back here again. Of course the other place should undertake its role as a revising Chamber, and of course it is entitled to ask the Government to think again, but we did think again, with the House now voting for the third time as part of ping-pong and strongly endorsing this Bill. We need to bring the process to a conclusion.

The Labour party has voted against our measures to tackle illegal migration 134 times. One hundred and thirty-four times it has told the British people that it opposes our tougher immigration legislation. Enough is enough. The Opposition have delayed this Bill for too long, and we must get on with it.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am sure that, like me, the Minister will have read the Law Society of England and Wales’s briefing on these amendments. Has he seen the polling it has reported, which shows that the majority of voters think the Government should either accept some amendments to the Rwanda policy or scrap it altogether? Only a quarter of the public think the Government should try to get the Bill through in its current form, and all the Lords amendments are supported by the majority of the public. Has he seen that polling, and will he stop trying to turn this matter into a political football and address the gravamen of the amendments?

[Michael Tomlinson]

I certainly will. I am very grateful indeed to the hon. and learned Lady, because she gets to the point of the amendments. She is absolutely right to say that we should address them in detail, and I will do just that.

[Jim Shannon (Strangford) (DUP)]

I say this with all humility and with respect for the Minister, who I know is an honourable person: does he agree that there is a simple way out of this deadlock? It is to accept those who can demonstrate that they assisted the British forces in Afghanistan. Does the Minister further agree that this back and forth is an example not of democratic exercise, but of democratic embarrassment? A way forward must be found before we bring this place and our procedures into disrepute.

[Michael Tomlinson]

I am very grateful indeed to the hon. Gentleman. As always, he engages with the substance of the matter. He and the right hon. Member for East Antrim (Sammy Wilson) have raised this point. I will turn to that specific amendment, and I hope to persuade him, through my words, that steps have been taken and reassurances have been made. I hope to reassure him personally that he will be able to support the Government in the Aye Lobby later today.

I turn to the Lords amendment tabled by the noble Lord Hope of Craighead. I want to reiterate some salient points. First, as the House knows, we will only ratify the treaty once we agree with Rwanda that all necessary implementation is in place for both countries to comply with the obligations under the treaty. Secondly, the implementation of these provisions will be kept under review by the independent monitoring committee. Thirdly, clause 9 makes it clear that the Bill’s provisions come into force when the treaty enters into force.

[Sir Edward Leigh (Gainsborough) (Con)]

I know that there is a problem in detaining illegal migrants at the moment under habeas corpus, but when the Bill comes into force, will it be the legal position that we can then detain people before offshoring them, because that is the only real deterrent?

[Michael Tomlinson]

My right hon. Friend might have heard a few words from the Prime Minister in that regard this morning, and that is exactly right. Specifically in relation to the amendment, however, I respectfully disagree with the noble Lord Hope. There is no obligation, whether in legislation or in the treaty, to send anyone to Rwanda, as my noble Friend Lord Sharpe has said. Article 4 of the treaty sets out clearly that it is for the United Kingdom to

“determine the timing of a request for relocation of individuals under this Agreement and the number of requests for relocation to be made”.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

Before my right hon. and learned Friend moves away from the treaty, could he help with some clarity on the relationship, as the Government see it, between the Rwanda treaty and this Bill? Specifically, is an assessment of Rwanda’s safety for the purposes of this Bill the same thing as compliance with the Rwanda treaty on the part of the state of Rwanda? If not, what is the difference? Does the concept of safety extend beyond compliance with the treaty, or is it solely limited to the question of compliance with the treaty?

[Michael Tomlinson]

As ever, I am grateful to my right hon. and learned Friend for his engagement, both inside and outside the Chamber. He has been a regular attender at these ping-pong sessions. The treaty is the operating legal instrument between the two international bodies, the United Kingdom and Rwanda. That is the status of that treaty. This Bill brings it into effect in law in this country. He knows about dealing with the system of dualism. In fact, he has appeared in the Supreme Court arguing these very points, so he knows in detail the differences between a treaty and an Act of Parliament. As I set out, there is no obligation within the treaty. It is plainly written in article 4(1) that the

“United Kingdom shall not be obliged to make any request for relocation under this Agreement.”

That means that the Government would not be obliged to relocate individuals under the terms of the treaty if, for example, there had been unexpected changes of circumstances. I know that that is something my right hon. and learned Friend has been concerned about.

[Sir William Cash (Stone) (Con)]

Would my right hon. and learned Friend also care to note that Lord Hoffman, in the case of R v. Lyons—in relation to a European Court of Human Rights case—was unequivocal when he said that a treaty was not the same as a statute, and that it is the statute that prevails? When a statute is made and the words are clear and unambiguous, it follows that the courts will obey what the Act sets out, which is exactly the position in this case.

[Michael Tomlinson]

My hon. Friend has also been a consistent member of these ping-pong sessions and he has consistently cited paragraph 144 of the Supreme Court judgment. He knows that I agree with him on this point, and that I firmly believe that this legislation, as drafted, is clear and unambiguous. I hope that that reassures him.

Turning back to my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), there are procedures already in place under the terms of the treaty to monitor the safety of Rwanda for those who are relocated there. I can reassure him and the House that we have already established the right mechanisms so that, should the situation ever arise, the Government will respond as necessary. This would include a range of options to respond, including, as he knows, primary legislation if required.

Implementation continues and I can now confirm that last Friday the Rwandan Parliament passed its domestic legislation to implement its new asylum system. The partnership is one important component of a much broader bilateral relationship, as my right hon. Friend the Member for Witham (Priti Patel) has recently reminded us. This is a migration and economic development partnership, and I would like to put on record my thanks to all officials, including those in the Government of Rwanda, for their hard work in implementing the treaty and delivering this crucial partnership.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I note what the Minister said about last Friday but, if Rwanda is truly safe, why are Rwandans excluded from being returned under this legislation? Can he give us the reasons why he and the Prime Minister refuse to accept the need to prove the safety of Rwanda as a requirement?

[Michael Tomlinson]

The proof of the safety is in the binding international treaty between two international partners, namely the United Kingdom and the Government of Rwanda. The treaty addresses the concerns set out by the Supreme Court, namely the concerns in and around refoulement, and I invite this House to accept that reassurance. That is why I say the amendments are unnecessary.

[Kevin Foster (Torbay) (Con)]

The obvious reason why Rwandans are not covered by the Bill is because returning a Rwandan to Rwanda would take them to their home country, not a third country.

[Michael Tomlinson]

I am grateful to my hon. Friend, who has been closely following these proceedings not just throughout ping-pong but throughout his time in this role. He knows deeply the interplay and the interrelationship between the two countries.

[Imran Hussain (Bradford East) (Lab)]

Will the Minister give way?

[Michael Tomlinson]

I will make some progress, as I have given way too much. I have taken criticism for the number of times I give way.

On Lords amendment 10F, as my noble Friend Lord Sharpe and I have said previously, this Government greatly value the contribution of those who have supported us and our armed forces overseas, which is why there are legal routes for them to come to the United Kingdom. There is already existing legislation, including but not limited to the Illegal Migration Act 2023, under which the Secretary of State has a range of powers to consider cases and specific categories of persons. I have already made a clear commitment on behalf of His Majesty’s Government that we will consider how removal would apply under existing immigration legislation, which means that, once the review of Afghan relocations and assistance policy decisions for those with credible links to Afghan specialist units is concluded, the Government will not remove to Rwanda those who receive a positive eligibility decision as a result of the review, where they are already in the United Kingdom as of today. This is an important point, and it is a point that I emphasise to the House today.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister may have read about my constituent in The Guardian today: a man who was originally an Afghan, has British citizenship and served with our armed forces for 15 years. He and his family were called forward to the Baron hotel but could not get there because of an explosion, and they have been in hell ever since. His young children and wife are unable to join him here in the UK. He is not eligible for ARAP because he is a British citizen.

The Government have written to me suggesting that his children might apply to ARAP, but I believe that under-10s will probably not qualify. The Afghan citizens resettlement scheme is in tatters and will not accept them, as the Government are now trying to say that they were invited, rather than instructed, to go to the Baron hotel. If the Minister took five minutes to read the story of my constituent, who gave so much of his life to support our forces in Afghanistan, he would understand why it is not sustainable for him to stand at the Dispatch Box and say that there are safe, legal routes for those who are eminently eligible, and why amendment 10F matters.

[Michael Tomlinson]

This amendment is unnecessary. As I have told the hon. Lady and tried to explain to the House, there is already existing legislation, including but not limited to the Illegal Migration Act. I have confirmed that the Government will not remove to Rwanda those who receive a positive eligibility decision as a result of the review. This Government recognise the commitment and responsibility that come with combat veterans, whether our own or those who have shown courage in serving alongside us. We will not let them down.

Criminal gangs are determining who comes to the United Kingdom, as vulnerable people are lured into risking their lives in unseaworthy boats. Billions of pounds of taxpayers’ money is being spent on illegal migration, and our resources and services are reaching their limits. We must put an end to it. We must pass this legislation and stop the boats.

I urge the House once again to send an unambiguous message to the other place that the time has come for the Labour Lords to respect the views of this House and to let this Bill now pass.

[Mr Speaker]

I call the shadow Minister

--- Later in debate ---

[Tim Farron]

I will not give way, because we are about to finish and it is unfair on others.

Lords amendment 10F guarantees that those who have risked everything to protect and serve our servicemen and women in Afghanistan cannot be betrayed by this or a future Government. That is basically a simple and decent thing to ask for. Whatever motivations the Government ascribe to those pressing the amendment, it is clearly totally reasonable, and a reasonable Government would accept it.

To finish, I will address the Conservative party’s irritation that we are still here. I gently encourage Conservative Members present to imagine a time—sometime in the future maybe—when they are in opposition. Let us imagine a time when a Government of a different colour ignore the rule of law, bypass the courts, think themselves above the law and then try to use their numbers in Parliament to steamroller through something that was not in their manifesto and for which they have no mandate. An honest answer to that question would lead to this Government yielding. This is awful legislation. It is cruel, inept and expensive. We should vote to keep the amendments, the Lords should keep going, and the Government should concede.

[Michael Tomlinson]

With the leave of the House, may I address directly my right hon. and learned Friends the Members for Kenilworth and Southam (Sir Jeremy Wright) and for South Swindon (Sir Robert Buckland), who both addressed Lords amendment 3G? It does not do what they are looking for. They are looking for a parliamentary moment, and this amendment would merely produce a statement. I invite them to imagine a scenario whereby what we have been discussing would not produce an urgent question or a moment for a Secretary of State to make a statement in the Chamber of the House of Commons in any event. I repeat to them: this amendment does not meet the challenge they have set. I encourage them to be with the Government in a few short minutes.

We must get on and put an end to this. We must pass this legislation to stop the boats. Perhaps in the words of my hon. Friend the Member for Stone (Sir William Cash), I urge this House once again to send a clear and unambiguous message to the other place.

Question put, That this House disagrees with Lords amendment 3G.

Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 3J.

It is a great pleasure to open the debate. I start by echoing and agreeing with my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who started his speech during the previous debate, just a short number of hours ago, by agreeing with what the Opposition spokesman, the hon. Member for Aberavon (Stephen Kinnock), said about there being nothing new to say, just pitying that he then spent 40 minutes saying nothing new.

I do not intend to emulate what the shadow Minister did on that previous occasion, because it is clear that amendment 3J is almost identical to the previous amendments that we debated and that this House rejected just a short number of hours ago. The amendment is in two parts, inserting when Rwanda may be treated as a safe country and when Rwanda must cease to be treated as a safe country. The amendment is not necessary.

Turning to the amendment from the noble Lord Anderson of Ipswich, I will make it clear once again that we will ratify the treaty only when all necessary implementation is in place. The implementation will be kept under review by the independent monitoring committee. Clause 9 of the Bill makes it clear when the Bill and its provisions come into force. Implementation continues at pace. I can confirm again that on 21 March the Rwandan Senate passed legislation ratifying the treaty. As I confirmed this afternoon, on 19 April—just last Friday—the Rwandan Parliament passed domestic legislation to implement its new asylum system.

In an attempt to reassure my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), let me say that, as we have made clear, if the monitoring committee were to raise any issues to the joint committee, standing members of the joint committee are senior officials of the Government of this country and the Government of Rwanda, and the Government will, of course, listen. I remind my right hon. and hon. Friends that it will be up to the independent monitoring committee to raise issues at any point.

There is nothing new in this amendment. Such amendments have already been rejected. Enough is enough.