Safety of Rwanda (Asylum and Immigration) Bill

Debate between William Cash and Tim Farron

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Sir William Cash]

I mentioned this question of global leadership in my speech yesterday for a very good reason. It is to do with reputation, but it is also to do with change. All over the European Union, faced with compulsory quotas and compulsory fines, countries are in a real mess. There is the charter of fundamental rights, and the EU cannot make changes without changes in constitutional law and in countries’ constitutions, and they may well have to have referenda. In this country, we are in a different position and can make changes because, in our dualist system, we are entitled to require our courts to obey the decisions of Parliament about sovereignty where clear and unambiguous wording is used. There is the difference, and that is why we can lead the world. Such negotiations are bound to be happening because my hon. Friends at the other end of the Chamber have been saying they believe there will be changes in the European convention on human rights and, for that matter, the refugee convention.

[Tim Farron]

Of course it is a given that the law changes, and laws change via a variety of different means, including how this place votes. Nevertheless, the UK would be seen to be choosing—in order to tackle a problem in an ineffective way—to disapply the Human Rights Act 1998 and at least to an extent not to comply with international law.

I heard all the disparaging remarks about lefty lawyers, activists, judges, foreign judges and so on, all of which demeans this place and is not what people who are supposed to uphold the constitution ought to be saying, particularly given that the majority of lawyers I have heard speaking in this debate are on the Conservative Benches; if Conservative Members want to describe themselves as lefty lawyers, that is their business, but it is not helpful. But when we have the Law Society saying that the Bill might be incompatible with our international obligations and

“sets a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by the UK’s highest court”,

we should take it seriously.

There is no doubt whatever that for us to decide to pass a law to say that Rwanda is a safe country is an overreach of Parliament, because if we have evidence to say that Rwanda is safe, present it to the court—do it in the proper way. It is dangerously authoritarian to decide on a matter of fact of law rather than presenting it before the courts. It is not only an overreach, however; it is also ridiculous. If we are going to declare Rwanda safe just because we want it to be, I declare Blackburn Rovers back in the Premier League and Alan Shearer to be 30 years younger and back in a No. 9 shirt playing up front for us—there we are, make it so—but that is clearly not the case, sadly. If there is evidence, we should present it to the court. It is ridiculous for this place to say that somehow it can declare a place safe just because it is convenient for it to do so.

We do not control migration by this kind of sophistry, but deterrence is still appropriate. People have asked what deterrence we are going to have: the deterrent is if we had a functioning asylum system where we actually returned people whose applications failed.

European Union (Notification of Withdrawal) Bill

Debate between William Cash and Tim Farron

Committee: 2nd sitting: House of Commons
Tuesday 7th February 2017 Commons Chamber

[Sir William Cash]

I am sure that it is in order. The problem is whether we vote for it, and there are extremely good reasons for not doing so. New clause 1 and the other amendments have been tabled by honourable people—hon. Members on both sides of the House, and some right hon. Members—but they know perfectly well what they are doing. They are trying to delay, to obstruct and to prevent the Bill from going through, and I say, “Shame on you!”

[Tim Farron]

It is an honour to follow the hon. Member for Stone (Sir William Cash), who has fought his corner for 40-odd years. I intend to fight mine, but hopefully not for as long as that. I rise to speak to amendment 43, which is in my name and those of my right hon. and hon. Friends. It concerns the issue of democracy at the end of this process as well as at the beginning, and it would require the Prime Minister to look at the overwhelming case for a people’s vote on the final exit package that the Government negotiate with Brussels after triggering article 50.

On 23 June last year, a narrow majority voted to leave the European Union. I deeply regret that outcome, but I am a democrat and I accept it. However, voting for departure is not the same as voting for the destination. The Government should now give the British people a decision referendum, to be held when the EU negotiations are concluded. I admit that “mandate referendum” and “decision referendum” are not terms that I have used before in this context. They are not really my words; they are the words that were used by the Secretary of State for Exiting the European Union when he eloquently made the case in 2012 for holding a referendum on the deal at the end of the process, which is Liberal Democrat policy today.