Safety of Rwanda (Asylum and Immigration) Bill

Baroness Hamwee Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Stirrup (CB)]

My Lords, I support Amendment 75, to which I have added my name. In order not to try the patience of the Committee, I will not repeat all the excellent arguments made by the noble Lord, Lord Browne of Ladyton, with which I entirely agree, save to say that if global Britain is to be effective in the world, it will need to form partnerships with and gain support from people in all sorts of different parts of the world, often very difficult and dangerous parts of the world.

In order to garner such support, it will need to be seen as trustworthy. How trustworthy does anybody think we will be seen as if we have taken those who have already served us so faithfully in such difficult circumstances and sent them to Rwanda? So, for those who are not swayed by a sense of moral obligation, I ask them to consider the future effectiveness and safety of the men and women of our Armed Forces who are sent out to do such difficult and dangerous things in these parts of the world.

The noble Lord, Lord Horam, has said that the Government seek to draw very narrowly the definition of the people who are excluded from the provisions of this Bill. Surely, at the very least, those who have put their safety and indeed their very lives on the line in support of this country deserve to fall into that category.

[Baroness Hamwee (LD)]

My Lords, no one could disagree with a word of that. I of course support the amendment from the noble Lord, Lord Browne. It makes me ashamed every time I see stories such as those that he has related. I support the amendments in the name of my noble friend—whatever persona he speaks in—and have added my name to the noble and learned Baroness’s amendment, which is of course about victims of trafficking and modern slavery.

As my noble friend Lady Brinton said, we will come next week to the position of children, which will include the question of age assessment. I hope that somebody in that debate will draw attention to the Government’s references to the young men who are really men, not children, when they come across the channel. I am sure that other noble Lords saw on our television screens the amazing darts player Luke Littler. He looked considerably more than a child—he looked about 35, in fact. The noble Lord, Lord Horam, said that the amendments from the noble and learned Baroness, Lady Butler-Sloss, drive a coach and horses through the Bill. That is an interesting choice of words; they were the words that Theresa May used about the impact of the recent migration, immigration and asylum Bills.

The noble Lord also criticised the word “might”—that people “might” be in this position. Well, that is because we have a process, which is referred to in the amendment: the national referral mechanism. That is our mechanism for assessing claims of having been trafficked or being a victim of modern slavery and so on. It has its problems, particularly in delays, but it is a careful method of assessment that is not replicated in Rwanda. It involves the support of victims of modern slavery and trafficking, which is not available in Rwanda.

I am no less worried than I was when the Rwanda proposal surfaced. Far from tackling these evils, we are expanding the market and opening it up in that country to further trafficking and re-trafficking. It is a country where modern slavery, as has been said, is a good deal more prevalent than it is in the UK. And it is not just a matter of prevalence, it is a matter of culture—something to which the Supreme Court referred. The culture in Rwanda is not to assess whether people are vulnerable in this area. It shows no demonstration of understanding what modern slavery is or how to assess possible victims. If that sounds technical, it is technical in a way, but it is also about what happens to individuals at a human level. We have heard some very powerful speeches supporting that position.

[Lord Alton of Liverpool (CB)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Hamwee. I support Amendment 75, which was moved so powerfully by the noble Lord, Lord Browne of Ladyton, and supported by my noble and gallant friend Lord Stirrup.

While they were speaking, I was struck by one paragraph in the report of the Joint Committee on Human Rights which I referred to briefly in our proceedings on Monday: paragraph 119 on page 33. We referred to Afghanistan, and it was in this context:

“We have observed, however, that other nations may be influenced by the way in which the UK treats its international law obligations. For example, we note that the Prime Minister of Pakistan has already referred to the UK’s Rwanda policy in defence of his country’s decision to expel from Pakistan hundreds of thousands of Afghans who have fled from the Taliban regime”.


In reflecting on that, the committee said at paragraph 120:

“The UK has a reputation for respect for human rights and the rule of law, of which we should be proud. Legislation that seeks to disapply or fails to respect international law risks damaging that reputation and encouraging other states who are less respectful of the international legal order”.

--- Later in debate ---

[Lord Alton of Liverpool (CB)]

I will reinforce the point that the noble Lord, Lord Browne, has made and I am grateful to the Minister for his patience. The individual cases that I have referred to the Minister have failed to qualify under the ARAP scheme, and yet he, through his own interventions and those of other Ministers, has been able to rectify those issues; there will doubtless be similar cases in the future as well. Should we not at least have a review of how the schemes are running—an open and transparent process—and a review of some of the cases that have already been referred to the Minister, and to the MoD and the Foreign Office, so that we can see how many we are talking about and what is going wrong inside the system that those cases were turned down in the first place?

[Baroness Hamwee (LD)]

My Lords, I am not sure whether I picked up in the Minister’s response that he included the cohort listed in paragraph (b) of the amendment of the noble Lord, Lord Browne; that is, not people who have supported our Armed Forces overseas but

“persons who have been employed by or indirectly contracted to provide services to the United Kingdom Government”.

[Lord Sharpe of Epsom (Con)]

Regarding the applications to the ARAP scheme, clearly, I am not qualified to comment on individual circumstances as described by the noble Lord. I am afraid I do not know the precise details of who is qualified to apply under the ARAP scheme, so I will find that out and come back to the noble Baroness in due course. I cannot give any further comment at this point.

I have heard what has been said, and I will now turn to Amendments 70, 73 and 85, proposed by the noble and learned Baroness, Lady Butler-Sloss, and Amendments 18, 23, and 47, in the name of the noble Lord, Lord German. The UK has a proactive duty to identify victims of modern slavery, and we remain committed to ensuring that where indicators that someone is a victim of modern slavery are identified by first responders, they continue to be referred into the national referral mechanism for consideration by the competent authorities. Steps will be taken in all cases to identify whether a person may be a victim of modern slavery, and if a person is referred into the national referral mechanism, a reasonable grounds decision will be made.

Amendment 70 would act to impede the provisions already passed in the Nationality and Borders Act and the Illegal Migration Act that introduced the means to disqualify certain individuals from the national referral mechanism on grounds of public order before a conclusive grounds decision is considered. The amendment is also unnecessary—it is important to be clear on this point—as the Government of Rwanda have systems in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health and gender-based violence.

Regarding victims of modern slavery, Article 5(2)(d) of the treaty obliges the UK to provide Rwanda with

“the outcome of any decision in the United Kingdom as to whether the Relocated Individual is a victim of trafficking”,

and this includes positive reasonable grounds decisions, as well as positive conclusive grounds decisions. Article 13 of the treaty makes specific provision that Rwanda will have regard to information provided by the UK

“about a Relocated Individual relating to any special needs that may arise as a result of them being a victim of modern slavery or human trafficking, and shall take all necessary steps to ensure that these needs are accommodated”.