Safety of Rwanda (Asylum and Immigration) Bill

Debate between John Hayes and Diana Johnson

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

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

I start by raising my concerns with the Government about using a Committee of the whole House for this part of the scrutiny of the Bill. We had this with the Illegal Migration Act 2023. In that case, there were hundreds of amendments and the Minister just got to speak at the end for a short time. When we are debating and scrutinising such Bills, we need to do so line by line, and we need to debate and hear the argument from the Minister and the argument from the proposers of amendments. The process we are going through does not allow Parliament to conduct that effective scrutiny that we all want to see when passing laws in this place.

Turning to the Bill, when the Home Affairs Committee published our report on channel crossings 18 months ago, we were clear about the potential problems posed by the Rwanda scheme. As I have highlighted on several occasions in this Chamber, we said that the small boat crossings are an issue on which “no magical single solution” is possible and that:

“Detailed, evidence-driven, fully costed and fully tested policy initiatives are by far most likely to achieve sustainable incremental change”.

We warned that the Government risked

“undermining its own ambitions and the UK’s international standing if it cannot demonstrate”

that the scheme was

“compatible with international law and conventions.”

We said that aspects of the scheme carried

“significant reputational risk for the UK”.

The amendments we are debating today contain provisions that are incompatible not only with the UK’s obligations under international law, but with basic principles of liberty and freedom under common law. The amendments’ implications are therefore profound and affect every single one of us. Despite what the former Immigration Minister, the right hon. Member for Newark (Robert Jenrick) said, I take in all sincerity the Rwandan Government’s view on the importance of upholding legal obligations. We can conclude that some of the amendments would prove fatal to the implementation of the Bill. Indeed, yesterday, the UN Refugee Agency declared that the Rwanda treaty and this unamended Bill are

“not compatible with international refugee law.”

I will speak to amendments 2, 3, 10, 56 and 57 and then focus my comments on amendments 19 to 22. Amendments 2 and 3 would prevent any claim based on risk derived from individual circumstances being considered until the person in question had arrived in Rwanda. That would effectively exclude the very narrow possibility for suspensive claims that the Bill currently allows, and it could result in the person being exposed to the risk on which their claim is based—including claims based on fear of persecution and torture—before it is even considered. The European convention on human rights requires

“independent and rigorous scrutiny of a claim that there exist substantial grounds for fearing a real risk of treatment contrary to Article 3”.

It also requires that the person concerned should have access to a remedy with automatic suspensive effect. The amendments would therefore be inconsistent with that requirement of the ECHR.

Amendment 10 would extend the notwithstanding provision to apply to all the Bill and the Illegal Migration Act 2023. It would effectively prevent a claimant relying on any pre-existing legal protection to prevent or delay their removal to Rwanda. The amendment would expressly allow removal to Rwanda, despite that removal otherwise breaching domestic law and despite that removal being in breach of international law. That includes fundamental human rights from which we know no exception or derogations are permitted, such as the prohibition on torture. Needless to say, the amendment is not compatible with the UK’s obligations under international law and risks undermining our international standing.

Amendments 56 and 57 would provide that courts and tribunals would not be permitted to consider a claim on the grounds that Rwanda is not a safe country where the claimant has engaged in activity or made serious allegations that have brought into question the safety of Rwanda, or colluded or conspired with others who have done the same. Worryingly, the amendment appears to exclude people who have made serious allegations about the safety of Rwanda from asylum and human rights protection. That would be inconsistent with rights to asylum and humanitarian protection under international law and could also be inconsistent with freedom of expression as guaranteed under article 10 of the ECHR.

Amendments 19 to 22 have profound implications for us all. They would prevent any individual set to be removed to Rwanda from arguing that they could not be sent there on the basis of their own circumstances. In the inevitable absence of absolute certainty that no risk to any individual could arise in Rwanda, that would mean that legitimate claims based on a real risk of persecution and human rights violations would not be heard, and that those people whose claims are unheard would be removed to face the persecution and human rights violations in Rwanda on which their claims are based. That is clearly inconsistent with the refugee convention, the ECHR and the other international legal obligations cited by the Supreme Court in its recent judgment.

Amendment 22 would prevent the courts from reviewing not only the asylum claims of individuals being sent to Rwanda, but also claims for unlawful detention, for assault in the course of removal or for discriminatory treatment in the course of the removal process. To be clear, denying those claims would be inconsistent not only with human rights law, but with fundamental principles of liberty and freedom under our common law that have been protected for centuries, including by the writ of habeas corpus. All Members who do not want to see habeas corpus sacrificed today can surely not support these amendments.

Finally, I add my support to amendments that would make sensible and logical revisions. Amendment 1 would require the Secretary of State to monitor whether Rwanda remains a safe country. New clause 6 places conditions

“on when the classification of Rwanda as ‘safe’ can be suspended in accordance with material conditions and/or non-compliance with obligations”.

[Sir John Hayes]

The right hon. Lady will know that under this Government and previous Governments of all political colours, many people who came here illegally have been deported from this country. When that happens, it invariably does so notwithstanding claims they make about their circumstances. Sometimes, those are claims about their personal circumstances; sometimes, those are claims about the place they are being deported to and from where they come. On the basis of her speech so far, she would deport no one.

Illegal Migration Bill

Debate between John Hayes and Diana Johnson

Tuesday 11th July 2023 Commons Chamber

[Dame Diana Johnson]

Thank you, Madam Deputy Speaker; I will try again.

I want to start by agreeing with the Minister about the vital role that the other place plays as a revising Chamber in asking us to look again, particularly when we have not had pre-legislative scrutiny of a draft Bill and when, as I think most Members would agree, this legislation has been rushed through Parliament. I echo the comments of the hon. Member for East Worthing and Shoreham (Tim Loughton) about how complicated the Bill has got and the fact that we have not had much time to consider the amendments tabled by the Government late last night.

I also want to say at the outset that, in our report on small boats last year, the Home Affairs Committee made it very clear that it was not the number of people coming across in small boats that has overwhelmed the asylum system but the failure to process the asylum applications that have been made over a number of years. The Home Office has allowed the backlog to grow—it is now over 170,000—which has the effect of gumming up the system, and that is why we are spending £7 million a day on hotels. I know that the Home Office has in train plans to deal with the backlog, and the Prime Minister has said that the legacy backlog will be cleared by the end of the year. We all want to see that happen; it is in no one’s interest to see that backlog grow even more.

[Sir John Hayes]

The right hon. Lady is right about processing being a key part of dealing with the backlog, but Lords amendments 7, 90 and 93 would allow for further legal challenges, create more delays and, in her words, gum up the system to an even greater degree than it is now. Surely she does not support that attempt to undermine the principles of the Bill and add to the very problem that she is articulating.

[Dame Diana Johnson]

What I want, and what the Home Affairs Committee has been very clear about, is an efficient, speedy asylum claim process that is fair but timely. Germany, for example, has far more asylum claimants than we have and manages to process its claims within seven months. Many of the people who claim asylum in this country are waiting for years. That is why we have got ourselves into the problem that we are trying to address through the Bill.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between John Hayes and Diana Johnson

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[Dame Diana Johnson]

As I said, I support what the Labour Front Bench is doing in making that proposal to the Government and I hope the Minister is able to give us some good news when he responds to the debate at the end of the Committee stage.

Amendments 9 and 10 are very clear on the legitimate and legal activities of trade unions, and that trade unions should be excluded, on the face of the Bill, from any such acts.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will the hon. Lady give way?

[Dame Diana Johnson]

I will not, because I know other Members want to speak. I need to say just two more things and then I will finish.

Amendment 12, on involving the Investigatory Powers Commissioner within seven days of any criminal conduct authorisation order, is also very welcome, as is new clause 2, on an equality impact assessment.

Finally, I want to pay tribute to the speech made by my hon. Friend the Member for Walthamstow (Stella Creasy) on children and young people. I hope very much that the Minister will address that issue in his closing comments and take up putting the guidance on the face of the Bill, as my hon. Friend suggests.

Domestic Abuse Bill

Debate between John Hayes and Diana Johnson

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Sir John Hayes]

I was not going to deal with new clause 28 because it has been debated at some length, but I simply say to the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who tabled it, and who is a respected and experienced Member of this House, that it was not wise to do so for two reasons: not only because it is imperfectly drawn up, but because, if anything, it takes emphasis away from the main thrust of the Bill, which is to deal with the heinous crime that I have described—

[Dame Diana Johnson]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Sir John Hayes]

I will in a second. But more than that, it may even frustrate the very purpose of the Bill by putting vulnerable women, already suffering from the fear that I described, into an even more fearful circumstance. I happily give way to the hon. Lady, who will no doubt put a counter-view.

[Dame Diana Johnson]

I am grateful to the right hon. Gentleman for giving way. I want to make it clear that the new clause was obviously drafted to be perfectly in order—it refers to victims of domestic abuse and the particular circumstances they find themselves in in accessing reproductive healthcare—so I am getting a little frustrated. I hear what hon. Members think about the way the clause is drafted, but it is perfectly in order to put a new clause in the Bill about women who are suffering from domestic abuse.

[Sir John Hayes]

I think there are times and places to have these debates. We take different views, but this is not the time or place to have the debate, and to say more would be to worsen that sin.

I mentioned the research about particular kinds of relationships. The Office for National Statistics research from the year ending March 2019 shows that cohabiting women are almost three times more likely to have suffered domestic abuse than married women or women in civil partnerships. The figures also demonstrated that separated women were significantly more likely to suffer abuse than those in relationships, so there are issues around the connection between abuse and particular family circumstances.

My new clause 3 calls for the Government to look at the character of these crimes and the sentences they attract, with a view to raising the minimum and maximum sentences. Frankly, we ought to be doing that in all kinds of cases, but this crime in particular warrants the Government looking at these things again. I hope that the Government will look at my new clauses. I will not press them because, rather in the spirit that I have just suggested, this is a time for the House to come together in common cause, not to be divided, which is another reason why I am disappointed with new clause 28 and hope that the hon. Lady will have the grace not to press it.

C. S. Lewis said:

“Love is not affectionate feeling, but a steady wish for the loved person’s ultimate good”.

Supporting my new clauses will help do good, as will the Bill.

Abortion (Northern Ireland) (No. 2) Regulations 2020

Debate between John Hayes and Diana Johnson

Monday 8th June 2020 General Committees

[Dame Diana Johnson]

I am concerned about what the right hon. Gentleman just said. The past president of the Royal College of Obstetricians and Gynaecologists, Professor Lesley Regan, has made it clear that the safety of women taking tablets at home is not to be disputed. He needs to consider what he said about things in the press, because that is not backed up by scientific or professional evidence.

[Sir John Hayes]

Up until now, we have taken the view as a Parliament that, because abortion is a serious matter, there should be a structure and framework governing where it takes place that maximises the prospect of the safety that the hon. Lady and I want to guarantee. That is why we put it into the hands of medical professionals, and put limits on the places where it can happen. That is why we have a legal framework, and prohibit—indeed, penalise—abortions that take place outside it. My anxiety, like hers, is about guaranteeing safety and security, and I believe that that is done by the existing provisions. We therefore do not need to change them.

I want to reflect on a point that I have touched on briefly already about non-fatal disabilities. I find it deplorable that, in contradiction of all the notions of equality that we rightly promote in the 21st century, a child diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot can continue to be aborted. As the hon. Member for Upper Bann said, that clearly discriminates against disabled people. The last time that abortion regulations in England and Wales were examined in real depth was 1990, before the passing of the Disability Discrimination Act 1995 and the Equality Act 2010. That is why, as I said earlier, I am pleased that a Bill is being introduced that will address that inequality. These regulations permit abortion up to birth on the grounds that the unborn child has been diagnosed with Down’s syndrome, a cleft lip, a cleft palate or a club foot in Northern Ireland. Where a child is capable of being born alive in Northern Ireland, this law will permit different treatment of those with disabilities and those without disabilities. That lawful discrimination will continue until the child is born. If this House were to endorse these regulations, we would be endorsing discrimination on the basis of disability. We would be endorsing applying the Equality Act to some and not all. We would effectively be saying that some lives matter less.

In conclusion, I urge Members to reject these regulations for two main reasons: devolution and equality. They are unconstitutional, and may actually be illegal—I have not got time to pursue that at great length, but that is certainly the view of the Attorney General for Northern Ireland; the question of whether they are legal was asked earlier; he certainly thinks that they are not.