Safety of Rwanda (Asylum and Immigration) Bill

Nigel Evans Excerpts

Consideration of Lords message
Monday 15th April 2024 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I remind the House that due to the pressure on time, the debate on hospices will not take place tonight. I know that there is a lot of interest in that, so we hope that it will be reprogrammed as soon as possible. I also remind everybody that we are trying not to impose a time limit, but Madam Deputy Speaker did encourage seven-minute contributions and no more, so please tailor your speeches accordingly.

[Beth Winter (Cynon Valley) (Lab)]

I rise in support of the Lords amendments, which I will vote to retain this evening. I will keep my comments brief. I want to express the need for the House to support Lords amendment 6B. It has already been said that under the Government’s preferred wording for clause 4, a court still cannot consider the risk of refoulement by Rwanda in contravention of any of its international obligations, even though that was the very risk highlighted by the UK Supreme Court. The amendment would reinstate the protection that the Government wish to remove. It would omit clause 4 and replace it with a clause that seeks to restore the ability of decision makers to consider whether Rwanda is a safe country. It would restore the jurisdiction of domestic courts and tribunals to grant interim relief—a temporary injunction preventing a removal.

During the most recent Lords consideration, the previous version of amendment 6B, which was rejected by this House, was changed. It now adds the stipulation that any interim relief be for

“no longer than strictly necessary for the fair and expeditious determination of the case.”

The Member who tabled the amendment in the other House, Baroness Chakrabarti, said that it is a “significant concession” and a “genuine legislative olive branch” to the Executive. The Executive should accept that it is an improvement to the Bill and that, rather than neutering the powers of decision makers or the courts, it would allow for better decision making in the asylum process.

It remains my firm view that the Bill is an affront to international law, human rights and the rule of law more widely. It sets a dangerous precedent to other nations who wish to ignore the law, cause harm and demonise and exploit vulnerable people who are in desperate need.

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[Claudia Webbe (Leicester East) (Ind)]

The dangers to any nation whose

Government seek to put themselves above the law and the courts are clear. The late Tony Benn put it well when he said that how Governments treat refugees is an indication of how they would treat their own citizens if they thought they could get away with it. The Government’s contempt for the people of the UK is revealed by the assault on the rule of law that the Bill represents. It is also self-evident that a country does not become a safe destination just because a Government declare it so. Human Rights Watch’s latest analysis of Rwanda is clear that

“repression of free speech, arbitrary detention, ill-treatment, and torture”

remain widespread.

The noble Baroness Chakrabarti’s amendment is an attempt to remove one of the most damaging aspects of the Bill, and restore the primacy of law above the whims and ambitions of politicians with regard to asylum applications, and to prevent the Government from simply declaring, blanket-fashion, that Rwanda is safe because they wish it to be and want to deport those fleeing terrible dangers who reach our shores—including, let us not forget, children. By denying access to a court to challenge the safety of Rwanda, the Bill is not compatible with the UK’s international obligations. It shames our country.

As I have said before, the only real solution to this malignant and discriminatory Bill is to scrap it all together. At the very least, its worst aspects must be mitigated. That includes the need to restore the jurisdiction of the domestic courts in relation to the safety of Rwanda, the power to grant interim injunctions, and at the very least the ability to look at matters on a case-by-case basis. I therefore support Lords amendment 6B and all other amendments from the other place. I urge all hon. and right hon. Members to do the same.

[Mr Deputy Speaker (Mr Nigel Evans)]

Following John McDonnell, with the leave of the House, the Minister will respond.

[John McDonnell (Hayes and Harlington) (Lab)]

I only want to make four brief points, which are based on my experience in my own constituency. At the height of the number of asylum seekers being placed in hotels, I think I had the largest number—I think I still have. I had 2,500 asylum seekers in my constituency. I welcomed that; I welcomed them into our community. Our community in Hayes and Harlington has always risen to support people in need, and I was proud of the local community. There are four points I want to raise from the lessons of dealing with those asylum seekers, touring around the hotels and dealing with casework. In fact, one of the hotels is next to my constituency office.

One point is the point made by the hon. Member for Westmorland and Lonsdale (Tim Farron): these are desperate people—desperate people—and they will not be deterred from coming here, having experienced what they have experienced back in their home country and the way in which they have travelled here. Given the desperate circumstances they are in, in both instances, they will not be deterred by this legislation. They know, as we do, that this is a political stunt rather than anything else.

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[Michael Tomlinson]

With the leave of the House, Mr Deputy Speaker.

I opened the debate by saying that we were not quite at the point of completing each other’s sentences, but perhaps we are there now. My hon. Friend the Member for Stone (Sir William Cash) hinted that I might be in danger of repeating myself, so I will ensure that I keep my remarks to the point.

I thank all Members for their contributions. As always, I thank the hon. Member for Aberavon (Stephen Kinnock) for the way in which he conducted himself; he reminded us that he is an inveterate optimist, as perhaps those sitting on the Labour Benches have to be. It is fair to say that this has been a good-natured debate, despite some uncharacteristic heckling from the shadow Secretary of State, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I was gently chided by the hon. Member for Westmorland and Lonsdale (Tim Farron) for not giving way, but I was pleased that I did not give way to the hon. Member for Brent North (Barry Gardiner), not least because he said that his intervention related to Lords amendment 2, which does not appear on the amendment paper—it is not on the list—and is not being debated.

As always, I thank the hon. Member for Glasgow Central (Alison Thewliss) for her contribution. She will be pleased to know that we disagree again, which will reassure her, but I am sure that her campaign will continue.

My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) made some serious points, as always. On his point about the two local authorities—this is also relevant to the point made by the right hon. Member for Hayes and Harlington (John McDonnell)—I recently met the leader of Hillingdon Council, Councillor Ian Edwards, and we discussed some of the issues and pressures. I am very grateful to my hon. Friend the Member for Ruislip, Northwood and Pinner for his contribution. He tempted me to go down a certain path, which is unnecessary in relation to the ECHR’s recent judgment. Indeed, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) also tempted me to go down that path, but I will resist the temptation for the time being.

The Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), mentioned a desire to debate the treaty. May I gently suggest to her that we have had ample opportunity to debate the treaty, not least as part of the proceedings for this Bill?

May I respond to the points made by my right hon. and learned Friend the Member for South Swindon? He mentioned his liking for Lords amendments 3B and 3C, and he asked me what progress has been made. I can reassure him that progress has been made and that the Government will only ratify the treaty once we agree with Rwanda that all necessary implementation is in place for both countries to comply with their obligations under it. He also rightly asked, as did other right hon. and hon. Members from across the House, about Lords amendment 10B. I merely repeat the point that the Government recognise the commitment and responsibility that comes with combat veterans, whether they are our own or those who showed courage by serving alongside us. We will not let them down.

I invite all right hon. and hon. Members to join us in the Aye Lobby. It will allow us to get flights off the ground to disrupt the business model of people smugglers, who are exploiting vulnerable people.

[Mr Deputy Speaker]

I am expecting several Divisions.

Question put.