Nigel Evans
Main Page: Nigel Evans (Conservative - Ribble Valley)Department Debates - View all Nigel Evans's debates with the Home Office
(1 year ago)
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The Secretary of State for the Home Department (James Cleverly)
With permission, Madam Deputy Speaker, I will make a statement about the Government’s plan to stop the boats and tackle the vile trade in people smuggled across the channel.
Three weeks ago, the Supreme Court handed down its judgment on this Government’s migration and economic development agreement with Rwanda. In that judgment their lordships upheld the view of the High Court and the Court of Appeal that it is lawful to relocate illegal migrants, who have no right to be here, to another safe country for asylum processing and resettlement, but upheld the judgment of the Court of Appeal, which means that the Government cannot yet lawfully remove people to Rwanda. That was due to the Court’s concerns that relocated individuals might be “refouled”—removed to a country where they could face persecution or ill treatment. We did not agree with that assessment, but of course we respect the judgment of the Supreme Court.
The Supreme Court also acknowledged that its concerns were not immutable and were not an aspersion on Rwanda’s intentions, and that changes may be delivered in the future that could address its concerns. Today I can inform the House that those concerns have been conclusively answered and those changes made, as a result of intensive diplomacy by the Prime Minister, by the Foreign, Commonwealth and Development Office, by the Attorney General’s Office and by the Home Office. We have created a situation that addresses the concerns.
Our rule of law partnership with Rwanda sets out in a legally binding international treaty the obligations on both the United Kingdom and Rwanda within international law, and sets out to this House and to the courts why Rwanda is and will remain a safe country for the purposes of asylum and resettlement. This is a partnership to which we and Rwanda are completely committed. Rwanda is a safe and prosperous country. It is a vital partner for the UK. Our treaty puts beyond legal doubt the safety of Rwanda and ends the endless merry-go-round of legal challenges that have thus far frustrated this policy and second-guessed the will of Parliament. I want to put on record my gratitude to President Kagame, Foreign Minister Biruta and the Rwandan Government for working with us at pace to do what it takes to get this deal up and running with flights taking off as soon as possible.
Rwanda will introduce a strengthened end-to-end asylum system, which will include a new specialist asylum appeals tribunal to consider individual appeals against any refused claims. It will have one Rwandan and one other Commonwealth co-president and be made up of judges from a mix of nations selected by those co-presidents. We have been working with Rwanda to build capacity and to make it clear to those relocated to Rwanda that they will not be sent to another third country.
The treaty is binding in international law. It also enhances the role of the independent monitoring committee, which will ensure adherence to obligations under the treaty and have the power to set its own priority areas for monitoring. It will be given unfettered access to complete assessments and reports and to monitor the entire relocation process, from initial screening to relocation and settlement in Rwanda. It will also develop a system to enable relocated individuals and legal representatives to lodge confidential complaints directly with the committee.
But, given the Supreme Court judgment, we cannot be confident that the courts will respect a new treaty on its own, so today the Government have published emergency legislation to make it unambiguously clear that Rwanda is a safe country and to prevent the courts from second-guessing Parliament’s will. We will introduce that legislation tomorrow in the form of the Safety of Rwanda (Asylum and Immigration) Bill, to give effect to the judgment of Parliament that Rwanda is a safe country, notwithstanding UK law or any interpretation of international law.
For the purposes of the Bill, a safe country is defined as one to which people may be removed from the United Kingdom in compliance with all the United Kingdom’s obligations under international law that are relevant to the treatment in that country of people who are removed there. This means that someone removed to that country will not be removed or sent to another country in contravention of any international law, and that anyone who is seeking asylum or who has had an asylum determination will have their claim determined and be treated in accordance with that country’s obligations under international law.
Anyone removed to Rwanda under the provisions of the treaty will not be removed from Rwanda, except to the United Kingdom in a very small number of limited and extreme circumstances, and should the UK request the return of any relocated person, Rwanda will make them available. Decision makers, including the Home Secretary, immigration officers and the courts, must all treat Rwanda as a safe country, and they must do so notwithstanding all relevant UK law or any interpretation of international law, including the human rights convention; the refugee convention; the 1966 international covenant on civil and political rights; the 1984 UN convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings, which was signed in Warsaw on 16 May 2005; customary international law; and any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.
Where the European Court of Human Rights indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of immigration Acts, a Minister of the Crown alone, and not a court or tribunal, will decide whether the United Kingdom will comply with the interim measure. To further prevent individual claims to prevent removal, the Bill disapplies the relevant provisions of the Human Rights Act 1998, including sections 2, 3, 6, 7, 8 and 9. The Bill is lawful, it is fair and it is necessary, because people will stop coming here illegally only when they know that they cannot stay here and that they will be detained and quickly removed to a safe third country. It is only by breaking the cycle and delivering a deterrent that we will remove the incentive for people to be smuggled here and stop the boats.
This legislation builds on the Illegal Migration Act 2023, which the House passed this summer, and complements the basket of other measures that the UK Government are employing to end illegal migration—for example, the largest ever small boats deal with France. Tackling the supply of boats and parts, the arrest and conviction of people smugglers, and illegal working raids have all helped to drive down small boat arrivals by more than a third this year, even as the numbers are rising elsewhere in Europe.
Parliament and the public alike support the Rwanda plan. Other countries have since copied our plans with Rwanda, and we know from interviews that the prospect of being relocated out of the UK has already had a deterrent effect. This will be considerably magnified when we get the flights to Rwanda. This treaty and this new Bill will help to make that a reality, and I commend this statement to the House.
Mr Deputy Speaker (Mr Nigel Evans)
The usual rule applies: only those who have been here for the statement should stand to ask a question. I call the shadow Home Secretary.
James Cleverly
The calls for more from the right hon. Lady’s own Back Benchers are well placed. I was hoping that she would speak for longer, so that she would eventually get around to giving us some comments about the Bill, or the policy, or giving us some clue about what on earth Labour would do.
It is quite interesting that, once again, we see the mask slip on the Opposition Benches. The right hon. Lady was critical about the financial arrangement that goes hand in hand with the agreement that we have come to with Rwanda. It is interesting that hers is the same party that was very critical of this Government when we were forced by circumstances to reduce our official development assistance expenditure. I just want to understand the Opposition’s thinking. They seem comfortable with the idea that the UK gives away money to countries such as Rwanda to help them develop, but they seem deeply uncomfortable when those countries actually earn the money by bringing forward reform. It is, I think, a rather distasteful state of affairs that they would like to view Rwanda exclusively through the prism of development and aid, but are deeply uncomfortable when a country like Rwanda earns the money.
The simple truth is that Rwanda is making huge progress in professionalising and strengthening its institutions, working alongside the UK and other international partners. I believe that we are duty-bound to support countries such as Rwanda when they play their part in addressing the issues that the world is facing. They are helping to resolve problems, rather than being part of a problem, and they deserve our thanks for doing so.
We will pursue this legislation, which supports a treaty that sees Rwanda strengthening its institutions and addressing some of the world’s most intractable challenges, and we support it as it is supporting us.
Mr Deputy Speaker
Can people please focus on asking a question and not making statements, and please can we hear the questions and the answers in silence? There is a lot of calling out on both sides of the House.
Priti Patel (Witham) (Con)
I thank my right hon. Friend for his statement. Clearly, he is becoming incredibly familiar with the legal challenges that the Government, the country and the nation face when it comes to migration issues. Can he give us details of the assessments that have been made as to whether the disapplication of the Human Rights Act and other laws is robust, will stand up to the legal challenges and, ultimately, will ensure the delivery and the implementation of this policy to curb illegal migration?
James Cleverly
The point is that all legal and judicial processes have an appeal process. By extension of my right hon. Friend’s argument, the point that there is an appeal process in UK criminal law, for example, would mean that no one ever goes to prison, and my right hon. and learned Friend the Secretary of State for Justice has just been discussing prison places.
The point is that an appeal process is an important part of any legal process. It will not preclude people from being sent to Rwanda. This is a robust scheme that strengthens our position and ensures that the decisions we make in this House—that he, I and others make in this House—define the UK’s immigration policy, not decisions made by unelected people elsewhere.
Mr Deputy Speaker (Mr Nigel Evans)
Order. I remind the Home Secretary to face forward, so that his voice is picked up more easily and so that people can see him.
Jim Shannon (Strangford) (DUP)
The Home Secretary and the Government will be aware that there has been some surprise at the reciprocal agreement to welcome Rwandan refugees to the United Kingdom. How can he demonstrate the safety of Rwanda as a third country while simultaneously accepting the conditions that produce refugees?
Neil Coyle (Bermondsey and Old Southwark) (Lab)
It is clear to the country that the Government are riven with division and chaos on this issue. Some still think that these plans are batshit, and some think that they do not go far enough, including the Immigration Minister, who has resigned. In an earlier answer today—
Mr Deputy Speaker (Mr Nigel Evans)
Order. Did the hon. Member just swear?
Neil Coyle
Okay. In an earlier answer, the Home Secretary said that the Immigration Minister would be attending the Home Affairs Committee next Wednesday. Given that he has been embarrassed by his own team today, who will now be attending the Committee to take questions on this issue? Will it be him?
Mr Deputy Speaker
Thank you very much for your statement, Home Secretary, and for answering questions for well over an hour.
Alison Thewliss
On a point of order, Mr Deputy Speaker. Accuracy is incredibly important in this House, and I would not want something incorrect to be on the record. The Home Secretary said in his statement:
“Other countries have since copied our plans with Rwanda”.
I can find no evidence that that is accurate. Can you advise on this point of accuracy, Mr Deputy Speaker, because no country is copying the plan with Rwanda?
Alison Thewliss
Further to that point of order, Mr Deputy Speaker. On a point of accuracy, those who are being moved to Albania will be under Italian law. That is not the case in the Rwanda plan.