Safety of Rwanda (Asylum and Immigration) Bill

Robert Jenrick Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Robert Jenrick (Newark) (Con)]

The decision to leave office is always a difficult one. The decision to disagree with the Prime Minister—someone I want to support in good times and bad—is always a difficult one, but politicians are sent here to make difficult decisions. No one is forced to be a Minister. With high office comes responsibility, and no responsibility is greater than protecting our borders and securing us from untold damage as a result of mass illegal migration.

We have made huge progress as a country over the last year as a result of the work that the former Home Secretary—my right hon. and learned Friend the Member for Fareham (Suella Braverman)—the Prime Minister and I have done, and I wish my right hon. Friend the new Home Secretary and his Ministers all the best in taking that work forward. Our record stands among the best of any European country. We have, as my right hon. Friend said, reduced the number of small boat arrivals to our country by one third. That compares with a one-third increase across Europe, and an almost 100% increase on Europe’s southern border in Italy, so the plan that the Prime Minister set out a year ago is working. It is the most comprehensive plan of any European country.

We have just heard from the Opposition that they have no plan at all. They said that even if the Rwanda scheme was working and having the deterrent effect we all want, they would still scrap it, because ultimately they do not believe in border security and they cannot be trusted to protect our borders. But this problem is not going away. It is going to be one of the defining issues of the 21st century. There are millions of people on the move—some are fleeing climate change and persecution, while others are economic migrants understandably in search of a better life. It is a great compliment to our country that so many want to come here, but it is not sustainable.

[Dame Meg Hillier]

Will the right hon. Gentleman give way?

[Robert Jenrick]

I will give way to the hon. Lady in a moment.

We have to secure our borders, which means that all the good work that we have done over the course of the last year—the Albania deal, the asylum backlog work, and the deals with Bulgaria, France, Italy and others—is not enough. We are not going to stop the boats purely through that work. We have to interject the strongest possible deterrent, and the best deterrent—the only deterrent—that we can use in the course of the next 12 months is the Rwanda deal. That is why it is so critical that we get it up and running.

I genuinely believe, having immersed myself in this issue for 14 months, that this is a good policy, that it can work and that it will help our country to fight back against this great scourge. In my job, I have seen the consequences of that every day. I have gone with my hon. Friend the Member for Dover (Mrs Elphicke) to meet her constituents whose homes have been broken into and whose lives have been ruined by illegal migrants. I have spent time with my right hon. Friend the Member for Bournemouth West (Sir Conor Burns) and read about his constituent who was murdered by an asylum seeker, who posed as a child and then killed somebody on the streets of Bournemouth. I have worked with almost every Member of this House on their determination to close asylum hotels. Even the greatest advocates for open borders change their minds when there is an asylum hotel in their constituency. Hypocrisy is all over this issue.

That is why we have to fix this problem. When I said “whatever it takes”, I meant it, and I honestly believe that that view is shared by all of us on this side of the House and many good colleagues on the other side as well. To do that, we have to make sure that this policy works. This is a good-faith disagreement—there are good people on both sides of the House, and certainly within my party, who have disagreements about how we can make the policy work—but my point of view is this: untold damage is being done to our country and this issue will be with us for years, if not decades, to come. If we do not operationalise this policy correctly, we will see the numbers rise for many years to come. If, God forbid, there was a Labour Government, there would be a decade of small boat arrivals. I want to stop that.

To my mind, there are two big flaws with this Bill. First, as I have said to many who have asked me, including on the media, it does not address the question of individual claims. If I have learnt anything in this job, it is that those seeking to frustrate their removal from our country will stop at nothing. The small-boat-chasing law firms and legal representatives will help them to fight, each and every way. Give them an inch and they will take a mile. Even the best-meant things the country has done in recent years, such as our world-leading modern slavery laws, are abused. Some 70% of the people we are seeking to remove put in a modern slavery claim at the eleventh hour.

[Clive Efford (Eltham) (Lab)]

Will the right hon. Gentleman give way?

[Robert Jenrick]

I will not give way at the moment.

This is proven to be correct every time, so why would we not put into the Bill a provision that says that those people cannot bring forward individual claims?

[Clive Efford]

Will the right hon. Gentleman give way on that point?

[Robert Jenrick]

I will give way in a moment.

First, such a provision would bring legal certainty; secondly, there are operational reasons for it. I have met no one who really understands the operationalisation of the policy who does not believe such a provision is crucial. Those advisers have told me time and again that the scheme will be seriously impeded. People will put in claims and go to court. The upper tier tribunal, which is already under pressure, will be overwhelmed. Our detention capacity—just a few thousand spaces—will be full. In a single week in August, 2,000 beds in our detention facilities could be filled. Those arrivals will go on to our streets. They will abscond, as they always do, never to be seen again, and the scheme will be brought into quick disrepute. I do not want to see that happen. I will give way to the right hon. Lady.

[Dame Meg Hillier]

The right hon. Gentleman casts aspersions on Labour’s approach to this issue. He is in the presence of two former Immigration Ministers: myself and my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne). At the end of the last Labour Government, there was one person being returned every eight minutes. I know from my own caseload that people who have reached the end of the line are still dribbling around the system, even though, as others have raised, they want to leave the country. What was the right hon. Gentleman’s record after 14 months as an Immigration Minister?

[Robert Jenrick]

There has been a tenfold increase in the pace of asylum decision making, so we have absolutely transformed the decision-making system. We have massively increased the number of returns—the hon. Lady is on rocky ground on this one, I am afraid—as 22,000 people have been returned. The difference between our side of the House and hers is that we have the guts and the determination to fix this problem once and for all, which means interjecting the strongest possible deterrent. Were there a Labour Government, I would worry for this country, because we would see a massive increase in the number of small boat arrivals, and the people smugglers would be celebrating. That is why it is so important to Conservative Members that we—

[Clive Efford]

rose—

[Damian Green (Ashford) (Con)]

rose—

[Robert Jenrick]

With all due respect, I will not give way, because I only have a few minutes left.

We need to use the time that we have left in government before the general election. Of course, I hope we win the next general election, but the public are watching us. They expect us to fix this problem, so why would we not put into the Bill all the strongest protections at our disposal?

On the second important thing that needs to change in the Bill, it is inevitable, in the light of the Supreme Court’s judgment, that the Strasbourg Court will impose further rule 39 interim measures. That is, after all, what bedevilled the flight arranged by my right hon. Friend the Member for Witham (Priti Patel) a year or so ago. We have to stop that. It is a matter of sovereignty for our country that Ministers, acting on the instructions of Parliament, do not allow the flights to be delayed.

The provision in the Bill is sophistry. It is the express policy of the Government that rule 39 injunctions are binding and that to ignore them would be a breach of international law. We are being asked to vote for a provision that it would be illegal to use. I do not want to be in the position that my right hon. Friend the Member for Witham, whose determination I do not doubt, was in. I do not want my right hon. Friend the Home Secretary or my successors as Immigration Minister to be in that position. We as a House are giving them a hard deal and doing them a disservice if we allow the Bill to continue in that way. They must have the full power of Parliament to ignore those rule 39 injunctions and get those flights in the air.

There are things that others will contribute, not least my hon. Friend the Member for Stone (Sir William Cash) on his work drawing out some of the other challenges with the Bill, so I will close with this. This is not a bad Bill, but it is not the best Bill. I want the Bill to work. The test of this policy is not, “Is it the strongest Bill that we have done?”, or, “Is it a good compromise?” It is: “Will it work?” That is all the public care about. They do not care about Rwanda as a scheme; they care about stopping the boats, and we are sent here to do that for them. I will never elevate contested notions of international law over the interests of my constituents or vital national interests such as national security and border security. The Bill could be so much better. Let us make it better. Let us make it work.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

--- Later in debate ---

[Mr David Jones (Clwyd West) (Con)]

Oh, thank you, Mr Deputy Speaker. I am sorry; I could not hear you with all the excitement.

Unusually, the aim of this Bill is set out in clause 1, which is

“to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes”.

That is an aim with which I am sure not a single hon. Member could disagree. Illegal migration is possibly one of the greatest scourges of our age. It is evil, it is internationally organised and it is socially and economically damaging to this country. The Rwanda scheme is an inventive and innovative plan. It establishes, or aims to establish, an effective deterrent to illegal migrants—to make them think twice about making that perilous crossing across the channel. Unfortunately, it foundered on the rocks of the Supreme Court last month, when the Court held that Rwanda could not be considered a safe country, because there were substantial grounds to believe that migrants would face the risk of refoulement, or of being transferred to their country of origin or a third country. The treaty that the Government have concluded does provide reassurance in that regard. It addresses the problem identified by the Court by making specific provision that no relocated individual may be removed from Rwanda other than to the United Kingdom.

Given the dualist nature of our constitution, the treaty needs to be complemented by domestic legislation, and this Bill is that legislation. It is critical that the Bill should function as the Government intend, which is to facilitate the removal of illegal migrants to Rwanda without legal impediment. The question is: does it do so effectively? The Bill has been described as

“the toughest piece of…migration legislation ever put forward by a UK Government”,

and there is no doubt that it does toughen the current regime. However, it is debatable whether it is sufficiently watertight to amount to a significant deterrent to the boats by facilitating the flights to Rwanda.

The Bill has been considered by the legal panel of the European Research Group, and I commend its report to hon. Members. It notes that significant amendments to the Bill are required to improve it, but it expresses concern that those amendments may well be outside the scope of the Bill. One of the most significant problems is that the Bill contains no restrictions on legal challenges against removal to Rwanda on any grounds other than that Rwanda is not a safe country, and that clearly reflects the fact that the Bill is a direct response to the judgment of the Supreme Court last month. If the Bill does successfully block challenges based on arguments that Rwanda is not safe—the treaty certainly helps in that regard—it is likely that those advising illegal migrants will focus more on pursuing challenges of another kind.

We should consider clause 4, which specifically provides that legal challenges to removal may be made if arguments are put forward that Rwanda is not a safe country for individual migrants based on compelling evidence relating to their personal circumstances. The opportunities for the abuse of that provision are obvious. Migrants may well be advised by people smugglers or by unscrupulous lawyers, because there are some, that they should oppose removal to Rwanda on spurious grounds such as a non-existent mental health condition, a fear of flying or whatever. Given that as many as 500 illegal migrants, at the height of the summer, arrive on these shores every day—

[Robert Jenrick]

Twelve hundred.

[Mr Jones]

I stand corrected by someone who knows about it. In that case, it is not difficult to envisage a situation in which tribunals and courts may be overwhelmed. I believe that this Bill requires amendment, and I am inviting my hon. and learned Friend the Minister to say, when he winds up this evening, that the Government are open to amendments. I hear what my hon. Friend the Member for Stone (Sir William Cash) has to say about scope, but I want the Minister to engage with colleagues to see if this Bill may be made better.

At the moment, numerous deficiencies have been identified in the report of the so-called star chamber which I believe will render this Bill inoperable and ineffective. The last thing we want to do as a House is expend a lot of time and a lot of agony to put in place a Bill that does not result in the flights to Rwanda and the deterrence that we need to illegal migrants. I hope that my hon. and learned Friend will respond positively to the suggestion when he winds up. I know that a lot of colleagues will listen carefully to what he has to say, and I think they will welcome what may well be regarded as a change of tone on the part of the Government.