Safety of Rwanda (Asylum and Immigration) Bill

Debate between Robert Buckland and Diana Johnson

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Dame Diana Johnson]

I do not know whether I am grateful to the right hon. Gentleman for that intervention, because that is clearly not what I am saying. What I am talking about—the Home Affairs Committee is clear about this—is the rule of law, recognising the international obligations that this country has freely entered into, and doing things properly and legally. That is what I am questioning, because some proposals tabled by Conservative Members go to the heart of our common law, our belief in the right to go before a judge and our belief that if one is detained, it cannot be indefinite. Those are important matters that are before us today.

I want to get a couple of other things on to the record. Going back to amendment 1 and new clause 6, while the Government have determined in the Bill that it is possible to stipulate in law that Rwanda is safe—as we know, that is to the contrary of a finding of fact by the Supreme Court—it does not seem sensible for the Government to propose that that status should be fixed forevermore, which would, by extension, make Rwanda the only country on Earth in which nothing can ever happen or change. As such, amendment 1 and new clause 6 have merit; I hope the Minister will consider them.

Amendments 35 and 37 would allow the courts to consider the risk of refoulement in decisions on removals to Rwanda. Given that the Supreme Court ruled unanimously that the Rwanda policy was unlawful precisely because there were substantial grounds to believe that refoulement could take place, those amendments also have merit.

I understand from media reports that when the Minister gets to his feet, he will give some undertakings about increasing the number of lower level judges—or, I should say, moving lower level judges up to the upper tribunal—to hear any appeals. That is apparently to deal with some of the concerns of Government Members. The Home Affairs Committee is concerned generally about the lengthy delays in court cases. In particular, in one of our recent reports on the investigation and prosecution of sexual offences, particularly rape, we were worried about how long it was taking for those cases to be heard.

I am concerned about the Government’s initiative—perhaps I am prejudging what the Minister will say, but it is being reported in the press—given the amount of resource and finance that will have to be put into training up 150 judges. It strikes me that they seem to be using an enormous amount of political time and resource on this policy. I look forward to what the Minister has to say about increasing the number of judges when we have so many other problems in other parts of the court system that they have not so far been able to deal with. That concludes my remarks on today’s amendments.

[Sir Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), the Chair of the Home Affairs Committee. I rise to speak to amendments 28, 29 and 30 tabled in my name. Although they would amend clause 9, they relate to the operation of clause 2; hence their selection for debate today.

It is important that we focus on what clause 2 actually means, what its effect is and what the changed reality is with regard to the position in Rwanda—and, indeed, the position between the United Kingdom and Rwanda—since the decision of the Supreme Court in November and since the facts on which it based its decision, which relate to the spring and early summer of 2022. There is no doubt that matters have moved on significantly. We have not only a treaty between the United Kingdom and Rwanda, which was signed late last year, but an indication in the form of a policy document published by the Government, and indeed further information, as to the hard and fast changes that the Rwandan Government will be making to, in effect, answer the questions asked of it by the Supreme Court decision.

The Supreme Court decision really was not about the law; it was about the evidence. When we look at what the Supreme Court justices decided, we see that it was very much narrowed down to whether refoulement was still likely, bearing in mind the position of Rwanda. The Court decided that it was, and that is the sole reason why the policy was held to be unlawful. Other grounds were tendered in that case, including one on retained EU law. A specific ruling of the Court was that that did not apply; the law was clear that that part of retained EU law had fallen with our departure from the EU. Other aspects of the appeal were not ruled on by the Court. The decision was not, for example, based on compatibility with the ECHR. Importantly, the decision was not based on a challenge, which was upheld, to the legality of the removal of people to third countries.

In my view, it is neither illegal nor immoral to seek third-country assistance when it comes to this unprecedented challenge. Indeed, other European countries either are doing it or wish to do it. My right hon. Friend the Member for Newark (Robert Jenrick) was right to say that other countries are looking to what happens here and to the precedent that we might set.

In setting precedents, we have to tread carefully. That is why the amendments that I tabled are very much focused on the factual reality and the need to ensure that Rwanda does indeed carry out its policies. When we look carefully at the policy statement, we see that particular tasks will need to be completed, including new operational training for decision makers in Rwanda—I think the latest figures show that over 100 people have now been trained to implement the deal—and the need for clear standard operating procedures with regard to the reception and accommodation arrangements for asylum seekers, the safeguarding of their welfare and access to healthcare.

Of course, there needs to be strengthened procedural oversight of the migration and economic development partnership agreed in 2022 and the asylum processes under it. That means that bodies have to be set up—the new MEDP co-ordination unit and the MEDP monitoring committee of experts. The involvement of experts is needed, certainly in the early days of the decision making to be made by the new body, which will be set up by the Government of Rwanda. There will be a new appeal body that consists of panels of three judges, with subject-matter experts, including Rwandan judges and judges from other Commonwealth jurisdictions. All those details are important, because they go towards answering the question, which I think will be answered in the affirmative: that individuals in the scheme will not be at risk of refoulement and, therefore, there will not be a breach of the 1951 convention.

That reality has to match the deeming provision. I know that my hon. and learned Friend the Minister will be anxious to ensure that deeming provisions do not either perpetuate or encourage legal fictions. This is difficult law, but it is not unprecedented. Deeming provisions are used often in tax legislation. The leading authority is fairly recent: Fowler v. Her Majesty’s Revenue and Customs back in 2020 in the Supreme Court, in which Lord Briggs made it clear that deeming provisions creating statutory fictions should be followed as far as required for the purposes for which the deeming provision was created, but the production of unjust, absurd or anomalous results will not be encouraged. That is clearly somewhere that the courts do not wish to tread or to encourage, and neither should we as a Government or a Parliament.

We must dovetail the coming into force of the deeming provisions with the reality on the ground in Rwanda, so that we create not a statutory fiction but a series of facts reinforced by statute. That degree of care does not have to take ages—it can be done in weeks, bearing in mind the quick work that has been done already. That would go a long way to satisfying the natural concerns that many of us have about the use of such provisions. We understand why they have to be made, and we do not oppose the principle of their use, but I simply caution that we take care to make sure that we get that co-ordination right.

Many of us have been down the road of discussing ouster before, and it can take many forms. There have been examples where ouster proceedings and clauses have clearly not worked, and they are not the sole province of this Government. Previous Labour Governments tried to enact bold and sweeping ouster clauses, only to find that their efforts fell flat either before the Act became law or as a result of court intervention. I think of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, when Labour tried to be too extensive and expansive.

Experience has taught us that where we have clearly defined reasons—and, importantly, limited exceptions—ouster clauses will work. We had a recent example of that in the removal of the Cart jurisdiction in the Judicial Review and Courts Act 2022, where my hon. and learned Friend the Minister finished the job that I started. In the consultation on the judicial review, my noble friend Lord Faulks and others embarked upon those provisions at my direction. That worked—it has been tested not just in the High Court but in the Court of Appeal in the Oceana case, and it is held to be sound and watertight. Why? Because there was a clear rationale behind it, and there were limited exceptions. Herein lies the danger posed by the otherwise well-intentioned amendments by my right hon. and hon. Friends: without those limited exceptions, we are setting the Bill up to fail. That is what history has taught us.

I am a strong believer that it is from this place that the core of our constitution comes. It is from Parliament that our constitutional authority is derived. To contradict the hon. Member for Aberavon (Stephen Kinnock), who in many respects couched his remarks well, we do not have a separation of powers constitution. We have a checks and balances constitution, where each part of the body politic respects each other. I do agree with him that restraint is an important principle.

Rwanda Plan Cost and Asylum System

Debate between Robert Buckland and Diana Johnson

Tuesday 9th January 2024 Commons Chamber

[Sir Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who addressed the motion tabled in the name of her Front Benchers and came to the meat of the issues in a succinct way. The arguments that she has put before the House are legitimate and merit close scrutiny by both her Committee and the Public Accounts Committee, and were the subject of a letter that she jointly sent with the Chair of that Committee, the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), on 8 December. Putting my Select Committee Chair hat on, I associate myself with those remarks in the spirit of cross-party co-operation.

However, Opposition Front Benchers have stumbled into what is, frankly, a debate between the Select Committees and the Government. They have missed a trick on this motion. We are now used to Humble Addresses, as they became a fad and a fashion much beloved of the now Leader of the Opposition when he was shadow Brexit Secretary back in 2017-18. Those of us who were Members of that Parliament may not want to be reminded of those times. I certainly remember being on the Front Bench as Solicitor General during the great debate on contempt of Parliament that we well remember—I bear the scars on my back.

I could simply fold my arms and say that Humble Addresses are very 2019, and perhaps we have moved on, but I will not because a number of past Humble Address motions have related to disclosure not to the full House but direct to Select Committees. Here is the point that we might have reached some compromise on. Select Committees are more than capable, through the good offices of their Chairs and Clerks, to hold sensitive information in a confidential way, yet still provide the scrutiny and accountability that, clearly, Parliament is here for. It has been done in the past, and on this occasion my hon. and hon. and learned Friends on the Front Bench should actively consider whether commercially sensitive information can be shared in a sensible way with the appropriate Select Committees.

[Dame Diana Johnson]

The right hon. and learned Gentleman makes an interesting point. Both the Home Affairs Committee and the Public Accounts Committee have asked for information that we would hold confidentially, just to reassure ourselves about the value for money of these schemes. Sadly, we have been refused that information by the Home Office.

[Sir Robert Buckland]

I know that a letter was sent to the permanent secretary. I could not find a reply—the Committee may not have had one—and I suggest that civil servants in the Home Office need to respond with expedition to the Committee to furnish them with information. That is how we could have proceeded. The Opposition Front Benchers have missed a trick by not couching their resolution in more specific terms, with the consent that I am sure would have been forthcoming from the respective Chairs of the Select Committees. But that is not the motion that we have before us.

Probation Services

Debate between Robert Buckland and Diana Johnson

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

My hon. Friend has put his finger on it, as usual. He is absolutely right to talk about the focus and purpose of the prison and probation environments. We must relentlessly think about the future: what will be the outcomes? How do we reduce offending? I always say that there are three things: a home, a job and a friend. If we can get those three right, we will do right by the community.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am very pleased that the Secretary of State has had the good grace today to admit that the ideological experiment has failed. What can he say to residents in my constituency who feel that the regime that his Government brought in lacked accountability in places such as the Beverley Road spine in Hull, a large area where many ex-offenders lived? What accountability will be put in place by the Secretary of State’s measures?

[Robert Buckland]

I know that the hon. Lady will be familiar with this: the structure will be regional, within the national framework of the national probation service. The accountability will then of course be through Her Majesty’s Prison and Probation Service and ultimately me. Locally, it is important to get that link with police and crime commissioners—the “and crime” bit of commissioners should come into play. That is why I want to focus on more localised commissioning. I want to get a sense of responsiveness and more than that, get ahead of trends in local areas such as Hull. The hon. Lady makes a good point, which we understand very well.

Streatham Incident

Debate between Robert Buckland and Diana Johnson

Monday 3rd February 2020 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

With No. 10 briefing on some of the terrible decisions that have been made in the past 15 years on counter-terrorism policy, does the Lord Chancellor believe that the introduction of the regime of terrorism prevention and investigation measures, which weakened the control order regime that had been in place, was one of those terrible decisions?

[Robert Buckland]

The hon. Lady will remember the legal morass that we got into with control orders—it was not a happy experience—which faced constant challenge in the courts. Their effectiveness was undermined, I am afraid, and it was essential that we took measures to make sure that we had a regime that was invulnerable to such challenge and which would be sustainable. That is why the changes were made. The hon. Lady is somewhat misrepresenting the position, if I may say so.