UK-Rwanda Partnership
Debate between Nigel Evans and James Cleverly(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.
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.
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.
Exiting the European Union (Sanctions)
Debate between Nigel Evans and James Cleverly(3 years, 10 months ago)
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The Minister for the Middle East and North Africa (James Cleverly)
I beg to move,
That the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 608), dated 18 June 2020, a copy of which was laid before this House on 22 June, be approved.
Mr Deputy Speaker (Mr Nigel Evans)
With this we will take the following motions:
That the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1142), dated 18 July 2019, a copy of which was laid before this House on 19 July 2019, in the last Parliament, be approved.
That the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 597), dated 15 June 2020, a copy of which was laid before this House on 17 June, be approved.
That the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I., 2019, No. 1145), dated 18 July 2019, a copy of which was laid before this House on 19 July 2019, in the last Parliament, be approved.
That the Misappropriation (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 1468), dated 7 December 2020, a copy of which was laid before this House on 9 December, be approved.
That the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 610), dated 18 June 2020, a copy of which was laid before this House on 22 June, be approved.
That the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 (S.I., 2020, No. 590), dated 11 June 2020, a copy of which was laid before this House on 15 June, be approved.
That the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 (S.I., 2020, No. 951), dated 3 September 2020, a copy of which was laid before this House on 8 September, be approved.
That the Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 (S.I., 2020, No. 1474), dated 7 December 2020, a copy of which was laid before this House on 11 December, be approved.
James Cleverly
The nine instruments before us were laid between July 2019 and December 2020 under powers provided by the Sanctions and Anti-Money Laundering Act 2018, also known as the sanctions Act. As the House will be aware, on 31 December 2020, the UK took control of its sanctions policy and we now have a full suite of sanctions regimes at our disposal under the sanctions Act. This provides the legal framework within which the UK may impose, update and lift sanctions, whether autonomously or in line with our UN obligations now that we have left the European Union.
James Cleverly
I am genuinely grateful for the contributions that have been made from a number of corners of the House. I think it sends a very important international signal that although there are many subjects on which we have deeply felt and legitimate disagreements, right across the political spectrum here in the United Kingdom there is a real unanimity of voice when it comes to the importance of sanctions and the UK’s place in the world.
I am grateful to the hon. Member for Cardiff South and Penarth (Stephen Doughty) for his thoughtful contributions and questions, which I will attempt to cover in this closing address. I also thank the hon. Members for Stirling (Alyn Smith) and for Oxford West and Abingdon (Layla Moran) and, although he is no longer in his place, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) for their contributions.
As I said at the start of the debate, this year represents a crucial moment for the UK’s foreign policy. We now have in place a framework that can be used to act as a force for good in the world. The UK supported these sanctions when we were a member of the EU and we hope that, by carrying them over into UK domestic law, we have made a clear statement—which I believe has been reflected in the contributions of others in the House—that we choose to adopt them, not because we were coerced into them by our membership of the European Union, but because we absolutely believe that they are the right things to do.
Mr Deputy Speaker (Mr Nigel Evans)
I will permit Mr Shannon to join in, because I know he has been following the debate from outside the Chamber.
Yemen
Debate between Nigel Evans and James Cleverly(4 years, 3 months ago)
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The Minister for the Middle East and North Africa (James Cleverly)
I am grateful to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for securing the debate and pay tribute to his work as chair of the APPG for Yemen. I also pay tribute to my hon. Friend the Member for Meon Valley (Mrs Drummond), who preceded him as Chair; I know that she is passionate about this issue because of a long-standing personal connection with Yemen.
I am grateful for the contributions of Members across the House. This is an important debate, and there have been many thoughtful speeches. I recognise the passion with which those contributions have been made, even if I do not always agree with all elements of them. I will attempt to cover as many of the points raised as possible, but Members will recognise that this is a significantly complicated environment.
The looming famine in Yemen, which a number of Members have raised, worries us in the UK greatly. The simple truth is that Yemen is closer to famine than at any point since the conflict began. The UN projects that, by the end of 2020, 1.2 million more people in the south of Yemen alone will be classified as severely food-insecure. The Government recognise that, which is why we have appointed senior official Nick Dyer to be our envoy for famine relief. I raised this issue when I met David Beasley of the World Food Programme earlier this month. The primary cause of this issue is the conflict and the additional pressure imposed by covid-19.
The situation in Yemen highlights why the co-ordination of our diplomatic and our development and aid work is so important. If we were able to bring peace to Yemen, we would be able to start the repair work on its economy, its ability to buy food, its health infrastructure and its ability to fight coronavirus. That is why it is so important that our aid effort goes hand in hand with our diplomatic effort.
The hon. Member for Caerphilly (Wayne David) rightly highlighted the real concern about the situation in and around Ma’rib. The Houthi offensive on that city could see people who are already suffering enormously and are already internally displaced suffer even more greatly. I will come on to talk about arms sales, but a number of Members have asked why we engage with Saudi Arabia on this issue. I ask Members from across the House to consider the imminent offensive by the Houthis towards Ma’rib. If the coalition were to disengage from this conflict, who would stop that? Who would protect the people of Ma’rib? That is why we work closely with Saudi Arabia.
We recognise the concerns about our arms sales policy. We have reviewed it in the light of the Court of Appeal decision, and all sales are measured against the revised set of criteria[Official Report, 28 September 2020, Vol. 681, c. 1MC.]. We are working to support Martin Griffiths in pursuing a nationwide ceasefire, and we welcomed the Kingdom of Saudi Arabia’s unilateral ceasefire earlier this summer. What did we see in return for its ceasefire? We saw attacks by the Houthis, backed by Iran, into Saudi Arabia and within Yemen. Oh that it were so simple that we could just disengage from the Kingdom of Saudi Arabia and the conflict in Yemen would cease. Unfortunately, it is not that simple.
The hon. Gentleman also mentioned the Safer oil tanker, which is of huge concern to us. It is estimated that a spill from the Safer oil tanker would be four times larger than the spill caused by the Exxon Valdez, and the environmental impact in the Red sea would be incalculable. He asked what we had done about the situation. We have called for a stand-alone session of the United Nations Security Council, and I regularly raise Safer in my engagement with parties in the region. I discussed it with the Yemeni Foreign Minister on 24 August, the Saudi ambassador on 5 August and the Saudi deputy Foreign Minister on 20 June. My right hon. Friend the Foreign Secretary raised it at the high-level ministerial meeting on Yemen that he co-hosted on 17 September, and I have commissioned work to look into what the UK could do to secure it. The situation is terrible, and we are working hard to prevent the environmental catastrophe that would flow from it.
The hon. Member for Glasgow Central (Alison Thewliss) spoke about the role of women in the peace process, and she was absolutely right to do so. I am the Minister responsible for the women, peace and security agenda in the Foreign, Commonwealth and Development Office, and we seek to make sure that all voices, particularly the voices of those who are most directly impacted by conflict—unfortunately, the simple truth is that that is women—play an increasing and important role. That was brought up during my virtual visit to Yemen.
A number of Members have asked about our engagement, and we engage regularly with parties. Several Members raised concern about the significant shortfall of £1.9 billion in aid. I am proud that the United Kingdom has maintained its position as one of the leading aid donors to Yemen. We have matched our earlier commitment levels, and my right hon. Friend the Foreign Secretary recently announced additional expenditure that brings us up to £200 million. Not only that, but in our international relationships we have used the fact that we have stepped up to the plate on aid spending to encourage other countries to do so. I genuinely believe that that has played a part in Kuwait’s recent announcement of an extra $20 million contribution, and in Saudi Arabia’s agreement to disburse more of the money that it has already pledged.
The hon. Member for Strangford (Jim Shannon) was right to raise the protection of religious freedom as a serious concern. We welcome the release of six detained Baha’is last month, but there is far more work to do. We will continue to work on these issues, including the release of Luke Symons.
This situation, unfortunately, is going to remain one of the most difficult on the agenda of the Foreign, Commonwealth and Development Office. We will not sit back and allow the people of Yemen to suffer without our doing everything we are able to do to help them. That is why we are seeking to get a ceasefire and supporting Martin Griffiths and the United Nations in their efforts to secure that ceasefire, and that is why we are maintaining our expenditure in aid and lobbying other countries to do so.
Mr Deputy Speaker (Mr Nigel Evans)
I would like to thank Mr Loughton, who waived the opportunity to respond to this debate in order that more Members of Parliament could speak.
Question put and agreed to.
Resolved,
That this House has considered the situation in Yemen.