Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Robert Neill

Consideration of Lords message
Wednesday 17th April 2024 Commons Chamber

[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.

Oral Answers to Questions

Debate between Michael Tomlinson and Robert Neill

Thursday 7th December 2023 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Justice Committee.

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

The Solicitor General will recall that back in 2022 the Justice Committee produced a report on fraud in the justice system and the steps needed to improve the way we tackle it. I welcome a number of the changes that have been made, including the appointment of Mr Fisher KC, but will the Solicitor General reflect that one of the areas of concern is the type of fraud that is significant, causes real loss to businesses and individuals, but falls below the level dealt with by the SFO? There is real concern about the capacity and expertise within police forces and the Crown Prosecution Service to tackle that level of fraud, which falls into the gap. What is the fraud strategy and, more broadly, what are the Government going to do to empower the police and prosecuting authorities to tackle that sort of fraud?

[The Solicitor General]

I am grateful to the Chair of the Select Committee for his question. We take all his reports seriously, especially in this area. The CPS charges 76% of all fraud matters placed before it and has a conviction rate of more than 84%. I will commit to reflecting further on this matter.

Retained EU Law (Revocation and Reform) Bill

Debate between Michael Tomlinson and Robert Neill

Consideration of Lords amendments
Wednesday 24th May 2023 Commons Chamber

[The Solicitor General]

I think I am grateful to the hon. Lady. I will come back to this point in due course, but she will have seen that there is an explainer for each and every one of the 587 regulations in the revocation schedule, and it is clear that in the vast majority of cases they are simply redundant and not needed. It seems that she has already had a complete answer to her point from the Government. I will come back in due course to our Environment Act 2021 and develop further the point that I am making.

Turning back to Lords amendment 1, nothing on our domestic statute book will be considered retained EU law and have the special status of retained EU law; that will come to an end by the end of the year. In my respectful submission, the further amendment to Lords amendment 1 passed in the other place is unprecedented, unnecessary and unacceptable. We must be able to use this primary legislation to revoke unneeded and unwanted legislation; it is not necessary to invent a new procedure simply to review a revocation schedule.

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

I welcome my hon. and learned Friend’s tone and approach, as I welcome the Government’s getting rid of the sunset clause and putting in place the revocation schedule, which is so obviously the right thing to do.

My hon. and learned Friend says that the further amendment contained in Lords amendment 1 is unprecedented, unnecessary and undesirable, but was not the objective of that further amendment, which was tabled by Lord Hope, who is a very distinguished lawyer, along with Lords Hamilton of Epsom and Hodgson of Astley Abbotts, both of whom are friends who I know to have been lifelong Brexiteers, to ensure that the measure was not used to make substantial change to our law, rather than to get rid of redundant legislation or make technical changes, which we all agree should not go to a Delegated Legislation Committee? What will be the Government’s alternative mechanism to ensure that we do not get substantial change to the law without proper debate and scrutiny?

[The Solicitor General]

My hon. Friend the Chair of the Justice Committee makes important points, and I hope that I can reassure him on some of them in my next two paragraphs. To answer his very last point, Members’ presence here in the Chamber right now, raising the sorts of points that he has raised, is part of the scrutiny process. In my respectful submission, the further amendment to Lords amendment 1 made in the other place actually undermines legal certainty. I draw his attention to the fact that there is already a proportionate safeguard—namely, a limited preservation power—in the preferred clause.

My hon. Friend mentioned the noble Lord Hope. I agreed with at least this part of Lord Hope’s speech:

“A quick reading of the schedule suggests that many of the items listed in it are things we can well do without.”—[Official Report, House of Lords, 15 May 2023; Vol. 830, c. 19.]

In fact, a longer look confirms the position. I must therefore ask the House to return Lords amendment 1 to the other place, as amended by Government amendment (a).

I turn to Lords amendment 16 on the reporting duty, which was tabled by my noble Friend Baroness Noakes, supported by my noble Friends Lord Jackson of Peterborough, Lord Frost and Baroness Lawlor. We have of course listened to the concerns raised, and I assure the House that the Government have not moved one inch from their bold ambitions. We remain committed to securing swift and significant reform that brings tangible benefits to the UK economy.

That is why I ask the House not only to agree with the reporting amendment sent to us by the other place, but to improve it. Our amendment (b) would increase the frequency of reporting to every six months. We know that accountability to this House and the other place is the best way of ensuring that the Government keep progressing their priorities and that my right hon. Friend the Member for Wokingham (John Redwood) and others are reassured.

I am delighted to support the amendment of my hon. Friend the Member for Stone, amendment (a) to Lords amendment 16, which will ensure that the Government report to both Houses not just on reform progress, but on what retained EU law will be reformed and what will be revoked. In the spirit of the amendment, I am pleased to say that the Government have already reformed and revoked more than 1,000 pieces of retained EU law—this comes back to the point that my hon. Friend the Member for Basildon and Billericay (Mr Baron) made at the outset—including more than 450 pieces that we have repealed, replaced or let expire, and 650 more that we have amended. Again, we can follow all this thanks to my right hon. Friend the Member for North East Somerset and his dashboard.

Upon our exit from the EU, a number of Departments proactively revoked or amended regulations that contained deficiencies as a result of the UK’s exit from the EU. DEFRA has already reformed key areas of retained EU law through flagship legislation such as the Environment Act, the Agriculture Act 2020 and the Fisheries Act 2020.

--- Later in debate ---

[Sir Robert Neill]

May I press the Solicitor General to give way on that point?

[The Solicitor General]

Of course I will give way to my hon. Friend.

[Sir Robert Neill]

The Solicitor General says it is unacceptable to the Government, and I understand the points he makes, but can he help on one point that was raised in the upper House? Contrary to the Government’s belief, there is a risk of legal uncertainty because, while the Government rightly have a revocation list of legislation, there is not a revocation list of rights that may be in another form. Therefore, the concern was raised about the risk of deleting almost unidentified law unintentionally. I am sure the Solicitor General has an answer to that and I would like to hear it, but at the moment I do not see why the Government are so exercised about this new clause—again, proposed by people who are both distinguished in the law and firm Brexiters.

[The Solicitor General]

As my hon. Friend knows, I pay enormous deference to those experienced in the law—not least to him, as long-standing Chairman of the Justice Committee—but he heard my response: the Government’s concern is that Lords amendment 6 would replace clause 3 with unclear parliamentary procedures and, in my submission, create the very legal uncertainties that have been previously criticised. That is why I suggest that it is should be unacceptable not just to the Government, but to the House as well, and that the amendment proposed would actually muddy the waters.