Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Tim Farron

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[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

Debate between Michael Tomlinson and Tim Farron

Consideration of Lords message
Monday 15th April 2024 Commons Chamber

[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.

People Granted Asylum: Government Support

Debate between Michael Tomlinson and Tim Farron

Tuesday 26th March 2024 Westminster Hall

[Michael Tomlinson]

I thank the hon. Gentleman for his constructive point. He is right that co-ordination in this area is important, as it is in any area of Government business. That is why my point about the Home Office working closely with DLUHC is so important. Also, I just made a point about notifying local authorities within two working days, and that is part of the better working relationship that is needed. That is happening on the ground, but I take on board his point that that there need to be good working relationships between Departments.

I will briefly mention biometric residence permits, because they are important in obtaining onward support and allowing newly recognised refugees to integrate and establish themselves. It is right that there have been concerns about this, but a dedicated support function is in place, which will help to address any issues with the BRP process at speed and ensure that there are improvements right across the system. That perhaps also addresses the hon. Gentleman’s point.

The hon. Member for Westmorland and Lonsdale closed with the important subject of the right to work. I disagree with him on the pull factors. Unrestricted access to employment could act as an incentive for more migrants to choose to come here illegally. Only last week, there was an exchange in the Chamber on this subject when we debated the Safety of Rwanda (Asylum and Immigration) Bill. The provision about asylum seekers’ right to work was also debated during the Committee stage of the Nationality and Borders Act 2022, when an amendment was tabled to that effect. We do not want to encourage the pull factor of employment.

[Tim Farron]

I appreciate the Minister’s response, and I am not surprised by it. He will know that many of his Conservative colleagues agree with me. To put it bluntly, there is a very good right-wing and left-wing argument for this to happen. First of all, there is absolutely no evidence from any comparable country that employment creates a pull factor. As well as the moral argument that allowing people to work in order to integrate is good for them when they remain as refugees, as most of them will, it also saves the taxpayer a fortune to allow people to earn a living—and my goodness, we have a massive workforce crisis in our neck of the woods, with massively too small a workforce to be able to sustain our economy—because they then have the opportunity to contribute to the cost of the system and to pay for their own. Surely the fiscal Conservative within the Minister should want to say yes to that.

[Michael Tomlinson]

These debates have happened, including recently, during the passage of the 2022 Act, where a specific amendment was tabled to that effect. The hon. Member is right that we disagree on this issue. There is no permission to work unless—this is the caveat—someone’s asylum claim has been outstanding for 12 months or more through no fault of their own. He knows that about the system, but on his point, we do encourage asylum seekers awaiting the outcome of their claim to undertake volunteering activities, for example, so long as it does not amount to unpaid work or a job substitution.

I thank the hon. Member for Westmorland and Lonsdale for securing this debate; he is right that this is an important issue. We have debated many of these subjects either directly, in relation to the 2022 Act, or tangentially, in relation to the more recent Safety of Rwanda (Asylum and Immigration) Bill. None the less, they are important, and this short debate has given us the opportunity to exchange ideas and differing views. Perhaps ultimately, we can all agree that the aim should be for people who have been granted sanctuary in the United Kingdom to be led on a path to a happy and rewarding life here, because that is not only in their interests, but in all of our interests as well.

Question put and agreed to.