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.

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[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?

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[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.

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[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.