Safety of Rwanda (Asylum and Immigration) Bill

Patrick Grady Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Priti Patel (Witham) (Con)]

Having been the Home Secretary who negotiated the original migration and economic development partnership, I find it quite odd to hear some of the comments in this debate, and particularly those appalling ones that run down the country of Rwanda. The partnership with Rwanda was established as a world-leading and innovative way to tackle the challenges caused by the mass migration and displacement of people. It was carefully designed with our friends in the Rwandan Government to do one thing that no one in this House has mentioned today: to raise the international bar on the treatment of asylum seekers and to do so with compassion and support when it comes to their resettlement. Astonishingly, while Members, particularly those on the Opposition Benches, have been talking down the Government of Rwanda for the past 20 months, the country has in fact already supported and resettled 130,000 refugees through schemes established with the UNHCR and through international conventions.

[Patrick Grady (Glasgow North) (SNP)]

Will the right hon. Lady give way?

[Priti Patel]

As the hon. Gentleman well knows, there is no time for me to give way.

Effectively, such resettlement schemes involving third countries are the type that we need to deal with the awful, abusive and illegal trade in people smuggling. The awful comments that I have heard thus far about Rwanda and this scheme leave a stain on this House. We have a moral imperative to raise the bar and, effectively, to look at how we can be better as a Government at addressing these issues. When I negotiated and agreed the partnership in April 2022, we all knew that it would face criticisms and legal challenges, and the Government of the day were prepared for that. I said it at the time and in fact we gave some clear statements in the House as to the steps that we would take forward.

A year ago, the High Court found the plans to be lawful. The Court of Appeal ruled against the policy, citing concerns over the issue of refoulement, which are well known. Importantly, as the Supreme Court has since emphasised, the principles of the policy as well as the commitment given by the Rwandan Government to make the partnership work, are all fine and sound, but some operational measures need to go further. The Government have since outlined them both in this Bill and through statements they have made in this House, which would help to make the scheme viable.

It is fair to say that we all bear the scars of this debate, and we heard my right hon. Friend the Member for Newark (Robert Jenrick) speak about that. I do not envy those on the Front Bench right now. We have had a constant merry-go-round of legal challenges—whether through our own domestic courts, or through interference from elsewhere, by which I am referring to rule 39. I have experience of dealing with rule 39! There are organisations, campaigners and lawyers who will do everything possible to frustrate the will of this House and the will of the democratically elected Government, because, at the end of the day, that is what we are. We have to rise against these dogmatic beliefs because, quite frankly, there are too many organisations and individuals who are getting in the way and effectively letting more claims go to the courts.

There are measures, including some from the Nationality and Borders Act 2022, which have not been implemented, including the one-stop shop. They would save the courts a lot of time and effort by bringing forward the single claims that this House voted through, just last year, which meant that repeat claims would not keep on going back to the courts. I say to those on the Front Bench that it is really important that we press on the Government to go backwards in order to go forwards. We need to bring in these measures that have already been passed through Acts of Parliament—dare I say it, there may be more in legislation that has come in since.

I ask the Minister, in responding to the debate, to tell us how the Government will act and prepare for any future challenges that may come through this legislation. How will they stand up to the unmeritorious claims that keep coming through the courts—for example, those based on modern-day slavery, which we have heard about far too much? We put measures in the Nationality and Borders Act to deal with that.

We have seen the summary of the legal advice that the Government have received and read much of the other expert opinion. I seek assurances from the Minister that he and his colleagues are aware of the risk of challenges. How that is mitigated as the Bill passes through the House, in the conventional way, will be crucial. We cannot have more cases bogged down in the courts. Too many of us have worked through that.

We have a major problem with detention in this country, which includes a lack of detention capability. There were plans in the “New Plan for Immigration” to introduce Greek-style reception centres. I press the Minister and the Home Office to work with the Prime Minister and the Treasury to bring forward those sites; otherwise, we will see more Bibby Stockholms and more Wethersfield sites, which frankly are not the answer. Those Greek-style reception centres will help with the fast-tracking of processing claims and the fast-tracking of the removal of individuals who have no right to be in this country. I also press the Minister and the Home Secretary to adopt an integrated approach, so that we can deal with this national issue. The public voted for change and we want to deliver that change for them.

--- Later in debate ---

[Patrick Grady (Glasgow North) (SNP)]

Last week, my hon. Friend the Member for Glasgow Central (Alison Thewliss) compared the Home Secretary with Humpty Dumpty in “Alice in Wonderland”, who uses words to mean just what he chooses them to mean. I wonder if the Prime Minister could be compared with the Red Queen, who believed six impossible things before breakfast: that Brexit has been a success; that Britain is a soft-power superpower; that the Scottish Parliament is the most powerful wee devolved Assembly in the entire world; that we can reach net zero while abandoning net zero policies; that this Bill is actually going to stop irregular arrivals in the United Kingdom; and that his party is actually going to win the next election. Even for those on the Government Benches, that is too unbelievable. They do not think this Bill will work, and they do not think they will win the next election.

The Bill will not work, because it fails under the crushing weight of its own internal contradictions. Rwanda is deemed to be a safe country—desirable even, as a place for asylum seekers to be processed and to remain. The former Home Secretary, the right hon. Member for Witham (Priti Patel) did not take my intervention earlier, but I wanted to ask her this: if Rwanda is such a desirable place to be deported to, why on earth should deportation there be a deterrent? How will that have a deterrent effect, if the Government are saying, “This is a wonderful, safe and secure place for you to go”? Perhaps more people will come to the United Kingdom in the hope of being sent to Rwanda.

[Priti Patel]

The hon. Gentleman must recognise that Rwanda has successfully resettled more than 130,000 people, and that is through international institutions and norms.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must ask the hon. Gentleman to keep within the five minutes, although he has taken an intervention.

[Patrick Grady]

I will, Madam Deputy Speaker. I think I just heard the former Home Secretary encouraging more people to come to the United Kingdom so that they can be settled in Rwanda.

The UK Government say that the republic of Rwanda is to be trusted to fulfil its obligations under the Rwanda treaty because the treaty is binding under customary international law, but the same Bill grants the UK Government derogations from that corpus of international law and instruct the courts to ignore it. The Bill is supposed to slash costs to the taxpayer from housing asylum seekers in UK hotels, but the Government have already paid Rwanda hundreds of millions of pounds without a single flight taking off.

The price for this performative, weak Bill is a weakening of the courts and judicial system, a weakening of the UK’s standing in the world and a weakening of the entire system of international law, because if it is okay for the UK Government to derogate from its international obligations and commitments when it suits, how can the UK object to other countries—Russia, China or anywhere else for that matter—when they flout the rule of international law?

The Bill is supposed to be an assertion of parliamentary sovereignty, as if Parliament simply asserting particular statements makes them true. To pick up on the theme from the hon. Member for Rutherglen and Hamilton West (Michael Shanks), perhaps the Prime Minister should have simply brought forward a Flat Earth Bill to assert that the Earth is flat and the Home Office is empowered to simply push people and unwanted asylum seekers off the edge of it and into the cold vastness of space. It might come as a surprise and perhaps even a disappointment to some elements on the Conservative Back Benches, but the Earth is not flat. The Earth is round, and if they keep pushing people in one direction, eventually they will come back to them.

It is important in all of this to be clear that despite our debating the Safety of Rwanda (Asylum and Immigration) Bill, little of this debate is actually about the safety of Rwanda. In 2018, I had the privilege of visiting Rwanda with the Commonwealth Parliamentary Association. It is a beautiful country with huge potential, and the people there have had to live through horrors and overcome unimaginable difficulties. For wealthy tourists and those who fly in to go on safari and stay in nice hotels, Rwanda is indeed a safe and welcoming country. However, citizens who speak up too loudly with questions about the regime, or who perhaps ask why international observers have been unable to report that presidential elections have been free or fair, or who perhaps belong to the LGBT+ community in that country—or, indeed, Rwandan citizens living in London under the protection of the Metropolitan police because they are being stalked by their own country’s intelligence services—might not find it as safe and welcoming. Whatever the Bill might say, the UK Supreme Court has made a finding of fact that asylum seekers sent to Rwanda are at risk of refoulement. Simply saying that they are not does not change that fact.

The question of the safety of Rwanda is a distraction. The very principle or idea of forcing people to move to any other country against their will should be enough to oppose the Government’s policies. People seeking asylum have chosen to come here to the United Kingdom for good reason—perhaps because they have friends or family or perhaps simply because they speak the language. If someone has chosen to seek asylum here, they should be assessed here, and if their claim is valid, they should be allowed to remain. If their claim is not valid then by definition it ought to be safe to return them to their country of origin.

Perhaps the most remarkable thing is that this time last week, this Bill did not even exist. In less than seven days, the Prime Minister has brought himself, and possibly his Government and party, to a crisis point entirely of their own making. It is a Bill that nobody wants and nobody likes. It is another creaking internal Conservative contradiction. It is too extreme for the mainstream of the party, and not extreme enough for the red wallers, the ERG and the Maastricht rebels, who simply cannot get enough of the sweet dopamine hit that comes with rebelling against the party and getting invited on to all kinds of podcasts. Some of them have been at it since the 1990s, and they just have to keep getting more extreme in their rebellions to achieve the same hit.

Scotland wants none of it, as I hear from my constituents in Glasgow North and the constituents who are refugees, who want to play a full and active part in our society and economy. If the Government want Bills that will change the reality of the situation, they can devolve the power over immigration to the Scottish Parliament, or they can give us the chance to choose a better, fairer future that respects human rights and global citizenship by becoming an independent country in a referendum.