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.