Safety of Rwanda (Asylum and Immigration) Bill

Debate between Yvette Cooper and Geoffrey Cox

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Yvette Cooper]

I will make some progress, and then I will give way to the right hon. Member.

The problem is that, even as the Bill stands, it risks breaking international law, and that makes it harder to get further returns agreements and to get the further security co-operation that we need with our nearest neighbours. It is also why, if the One Nation group supports it, that puts its members in a pretty impossible position. Clause 1(5) says that a safe country is

“a country to which persons may be removed…in compliance with…international law”.

Clause 2(1) says:

“Every decision-maker must…treat…Rwanda as…safe”,

even if it is not. So even if Rwanda does what it did over the Israel-Rwanda deal and breaches international law and sends people back for refoulement, even if Rwanda introduces new policies to send people abroad, even if there is a coup in Rwanda, even if Rwanda fails to stop organised gangs moving people to the border, even if asylum seekers are shot at in Rwanda—all things that the Supreme Court found had happened in the past—and even if the treaty is designed in good faith, if it fails, the Government are still saying that British courts cannot consider the facts.

[Sir Geoffrey Cox (Torridge and West Devon) (Con)]

Will the right hon. Lady give way?

[Yvette Cooper]

I will give way. I did promise to give way to the right hon. Member for Middlesbrough South and East Cleveland (Sir Simon Clarke), and I will come back to him in the moment.

[Sir Geoffrey Cox]

Is there a fundamental difference between the Government deeming Rwanda safe and the Labour Government, as they did in 2004, deeming a whole list of countries safe in precisely the same way and with precisely the same legislative technique?

[Yvette Cooper]

The right hon. and learned Gentleman knows that that is not the case, because what the Government have done is both to deem and to remove any capacity for the courts to consider the facts.

We can see how absurd even Government figures think this is. The Home Office’s legal guidance, published yesterday, quotes legal judgments. One says that

“the court should not shrink from applying the fiction created by the deeming provision”.

Another states:

“The statute says that you must imagine a certain state of affairs; it does not say that having done so, you must cause or permit your imagination to boggle when it comes to the inevitable corollaries”.

The mind does indeed boggle. The problem for the Home Secretary and the One Nation group is that, even as it stands, the Government are effectively admitting that they are creating legal fictions. They are saying that rather than following the facts, the courts will have to follow those fictions instead, for the sake of a tiny scheme that costs not just £300 million, but possibly £400 million. It also sets a precedent.

[Sir Geoffrey Cox]

rose—

[Sir Simon Clarke]

rose—