Safety of Rwanda (Asylum and Immigration) Bill

Michael Tomlinson Excerpts

Consideration of Lords message
Monday 15th April 2024 Commons Chamber

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

I beg to move.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following Government motions:

That this House disagrees with the Lords in their amendments 3B and 3C.

That this House disagrees with the Lords in their amendment 6B.

That this House disagrees with the Lords in their amendment 7B.

That this House insists on its disagreement with the Lords in their amendment 9 but proposes additional Amendment (a) to the Bill in lieu of that amendment.

That this House disagrees with the Lords in their amendment 10B.

[Michael Tomlinson]

Here we are, back again debating the same issues and amendments that we have already rejected. We are not quite at the point yet of completing each other’s sentences, but we are almost there. The issue before the House is whether the clearly expressed views of this House throughout the entire passage of the Bill should prevail. We simply cannot accept amendments that provide for loopholes that will perpetuate the current cycle of delays and late legal challenges to removal. We have a moral duty to stop the boats. We must bring an end to the dangerous, unnecessary, and illegal methods that are being deployed. We must protect our borders and, most importantly, save lives at sea. Our partnership with Rwanda is a key part of our strategy.

The message is absolutely clear: if a person comes to the United Kingdom illegally, they will not be able to stay. They will be detained and swiftly returned to their home country or to a safe third country—Rwanda.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will the Minister give way?

[Michael Tomlinson]

No, I will not give way.

On Lords amendment 1, the use of a section 19(1)(b) statement does not mean that the Bill is incompatible with the European convention on human rights. There is nothing improper or unprecedented with such a statement. It does not mean that the Bill is unlawful or that the Government will necessarily lose any legal challenge. These statements have been made in the past, including in 2003 under the last Labour Government. We have a long-standing tradition of ensuring that rights and liberties are protected domestically and of fulfilling our international obligations, and we remain committed to that position. Our focus is on passing this legislation, which will deter people from entering the country dangerously and illegally.

Turning to the revised amendments on the implementation of the treaty and the role of the monitoring committee, clause 9 clearly sets out that the Bill provisions come into force when the treaty enters into force, and the treaty enters into force when the parties have completed their internal procedures. Amendment 3B confuses the process for implementing the treaty with what is required for the Bill provisions to come into force. Amendment 3B confuses the process for implementing the treaty with what is required for the Bill provisions to come into force.

As I have said, the treaty enhances the role of the monitoring committee, and the monitoring committee will ensure that obligations under the treaty are adhered to in practice. It was always intended for the monitoring committee to be independent. Maintaining the committee’s independence is an integral aspect of the design of the policy, and Lords amendment 3C risks disturbing that independence and impartiality. The Government will ratify the treaty only once we agree with Rwanda that the necessary implementation has taken place for both countries to comply with the obligations under the treaty. That being the case, there is simply no need for the amendment.

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

Will the Minister give way?

[Michael Tomlinson]

I will not. Turning to Lords amendment 7B, we know that assessing age is inherently difficult, but it is important that the Government take decisive action to deter adults from knowingly claiming to be children. There are obvious safeguarding risks relating to adults being placed in the care system. It is crucial that we take steps to safeguard children, and avoid lengthy legal challenges that prevent the removal of those who have been assessed to be adults. The amendment would result in those who are to be removed to Rwanda under the Illegal Migration Act 2023 being treated differently from those who are being removed to another country under the same Act. There is simply no justification for that differential treatment.

[Barry Gardiner]

Will the Minister give way?

--- Later in debate ---

[Michael Tomlinson]

I will not; I will make some progress. Lords amendment 9 undermines provisions in existing legislation and is completely unnecessary. It is vital that the Government take steps to reduce or remove incentives for individuals to enter the country illegally. These illegal practices pose an exceptional threat to public order, risk lives and place unprecedented pressure on public services.

As I have set out, under article 13 of the treaty, the Government of Rwanda will have regard to information provided relating to any special needs that an individual may have as a result of them being a victim of modern slavery. Rwanda will take all necessary steps to ensure that these needs are accommodated. To that end, the Government have tabled amendment (a) in lieu, which requires the Secretary of State to publish an annual report about the operation of the legislation as it relates to modern slavery and human trafficking provisions. With that in mind, I invite the House to reject Lords amendment 9 and agree with the amendment in lieu.

  On Lords amendment 10B, as I have set out, the Government recognise our commitment and responsibility to combat veterans, whether our own or those who showed courage by serving alongside us. We will not let them down. Once again, I reassure Parliament that once the UK special forces and Afghan relocations and assistance policy review has concluded, the Government will revisit how the Illegal Migration Act, and provision for removal under existing legislation, will apply to those who are eligible to stay as a result of the review, ensuring that these people receive the attention that they deserve. This is a commitment that both Lord Sharpe and I have made on behalf of His Majesty’s Government.

This, the elected House, has voted to give the Bill a Second and Third Reading, and voted down each of the Lords amendments. I invite all right hon. and hon. Members to stand with the Government in upholding the will of the House of Commons, and to support the Government motions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

--- Later in debate ---

This is a rubbish Bill, and it should be thrown out. I congratulate those in the other place on doing their best to bring some sense to it, but regrettably we will not be able to throw it out. The best we can do is vote for the amendments tonight and send a message back to the Lords: they should keep fighting, because at least they have some sense of the reality of what people seeking asylum in this country are experiencing.

[Michael Tomlinson]

With the leave of the House, Mr Deputy Speaker.

I opened the debate by saying that we were not quite at the point of completing each other’s sentences, but perhaps we are there now. My hon. Friend the Member for Stone (Sir William Cash) hinted that I might be in danger of repeating myself, so I will ensure that I keep my remarks to the point.

I thank all Members for their contributions. As always, I thank the hon. Member for Aberavon (Stephen Kinnock) for the way in which he conducted himself; he reminded us that he is an inveterate optimist, as perhaps those sitting on the Labour Benches have to be. It is fair to say that this has been a good-natured debate, despite some uncharacteristic heckling from the shadow Secretary of State, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I was gently chided by the hon. Member for Westmorland and Lonsdale (Tim Farron) for not giving way, but I was pleased that I did not give way to the hon. Member for Brent North (Barry Gardiner), not least because he said that his intervention related to Lords amendment 2, which does not appear on the amendment paper—it is not on the list—and is not being debated.

As always, I thank the hon. Member for Glasgow Central (Alison Thewliss) for her contribution. She will be pleased to know that we disagree again, which will reassure her, but I am sure that her campaign will continue.

My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) made some serious points, as always. On his point about the two local authorities—this is also relevant to the point made by the right hon. Member for Hayes and Harlington (John McDonnell)—I recently met the leader of Hillingdon Council, Councillor Ian Edwards, and we discussed some of the issues and pressures. I am very grateful to my hon. Friend the Member for Ruislip, Northwood and Pinner for his contribution. He tempted me to go down a certain path, which is unnecessary in relation to the ECHR’s recent judgment. Indeed, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) also tempted me to go down that path, but I will resist the temptation for the time being.

The Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), mentioned a desire to debate the treaty. May I gently suggest to her that we have had ample opportunity to debate the treaty, not least as part of the proceedings for this Bill?

May I respond to the points made by my right hon. and learned Friend the Member for South Swindon? He mentioned his liking for Lords amendments 3B and 3C, and he asked me what progress has been made. I can reassure him that progress has been made and that the Government will only ratify the treaty once we agree with Rwanda that all necessary implementation is in place for both countries to comply with their obligations under it. He also rightly asked, as did other right hon. and hon. Members from across the House, about Lords amendment 10B. I merely repeat the point that the Government recognise the commitment and responsibility that comes with combat veterans, whether they are our own or those who showed courage by serving alongside us. We will not let them down.

I invite all right hon. and hon. Members to join us in the Aye Lobby. It will allow us to get flights off the ground to disrupt the business model of people smugglers, who are exploiting vulnerable people.

[Mr Deputy Speaker]

I am expecting several Divisions.

Question put.