Safety of Rwanda (Asylum and Immigration) Bill

Debate between Robert Buckland and James Cleverly

2nd reading
Tuesday 12th December 2023 Commons Chamber

[James Cleverly]

I am going to make progress. I have been generous, but I want others to have the chance to speak.

Anyone removed to Rwanda under the provisions of this treaty will not be removed from Rwanda except to the United Kingdom, in a very small number of limited and exceptional circumstances. Should the UK request the return of any relocated person, Rwanda will return them. Decision makers, including myself or the holder of the post of Home Secretary, an immigration officer and the courts must all treat Rwanda as a safe country. They must do so notwithstanding the relevant UK law or any interpretation of international law by courts or tribunals. That includes the European convention on human rights; the refugee convention; the international covenant on civil and political rights; the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings which opened at Warsaw on 16 May 2005; customary international law; and

“any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.”

The Prime Minister has been crystal clear that he, and the Government he leads, will not let foreign courts destroy this Rwanda plan and curtail our efforts to break the business model of the evil people-smuggling gangs.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend makes the point about foreign courts, but what about domestic courts? Is there not a danger that, in pursuing quite stringent measures in this Bill, we are really testing the principle of comity to breaking point? This House and this Parliament are sovereign, but we also have the independence of the courts and the rule of law to bear in mind, and restraint on both sides—by the judiciary and by this place—is essential if we are to maintain the balance of our constitution.

[James Cleverly]

My right hon. and learned Friend knows I have a huge amount of respect for him, not just as a friend and an individual, but for his experience at the Bar at a very high level. He raises an important point, and I want to give him complete reassurance that we have looked very carefully at that balance he speaks about and we respect the importance of that. We genuinely believe this Bill gets the balance right, although, because of the growing nature of this extreme and perverse trade in human misery, we have to take firm action. We are therefore acting in a way that maintains that balance. It is novel. He says it is contentious, and that is true, but we are doing it because we have to break this business model. We have to do this.

When the European Court of Human Rights—this speaks to the point made by my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) just a moment ago—indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of the Immigration Act, a Minister of the Crown alone, not a court or tribunal, will decide whether the UK will comply with that interim measure.

In order to further prevent individual claims to prevent removal, the Bill disapplies certain relevant provisions from the Human Rights Act 1998 in particular circumstances, including sections 2, 3, 6, 7, 8 and 9. This is lawful, this is fair, this is necessary, because we have now addressed every reason that has been used to prevent removal to Rwanda. We have blocked asylum claims from being admitted with legislation that has already passed through this House: when the Illegal Migration Act 2023 is enforced, modern slavery disqualification provisions will assist with speedy removal.

The only possible blocking of removal is if an individual can demonstrate, with compelling evidence, that there is an immediate risk of serious and irreversible harm to them in particular under their individual circumstances. That sets the bar rightly very high, so that the chances of that happening are rightly extremely small. The only way to deter people from coming here illegally is to convince them that if they do, they will be unable to stay. Instead, they will be detained and swiftly removed to a safe third country, or their home country, if it is safe to do so.

Criminal Justice Bill

Debate between Robert Buckland and James Cleverly

2nd reading
Tuesday 28th November 2023 Commons Chamber

[James Cleverly]

My long-standing hon. Friend makes a number of points. Of course we want to ensure the Bill works. When the Bill is enacted, we want to ensure it improves the lives of people who might be victims of crime and helps to avoid that victimisation, but we also want to ensure that appropriate checks and balances are in place. I feel confident that those are in place, but it is the duty of those on the Treasury Bench to ensure that all Members of the House share that confidence.

[Sir Robert Buckland (South Swindon) (Con)]

In that spirit, on the basis that this is Second Reading and there are opportunities for this otherwise good Bill to be improved, will my right hon. Friend take on board the important points about ensuring that we get right the extension of the identification principle on corporate criminal liability? We made big progress in the Economic Crime and Corporate Transparency Act 2023 and the Government are now following through on their intention, but I want to ensure we get the wording absolutely right.

Secondly, I note with enthusiasm the presence in the schedule of restricted cost provisions relating to restraint orders for the proceeds of crime. We have long said that uncapped costs are a deterrent to making robust applications. Will he consider extending those principles to other areas of activity, so that we can see more applications being made without the fear of being clobbered by costs?

[James Cleverly]

My right hon. and learned Friend makes some important and useful points based on his extensive experience. Of course, we listen very carefully to the contributions that have been made. With the indulgence of the House, I want to make progress so that Back Bench Members have time for debate.

We need to understand that crime is a business—a big business. Serious organised criminals are relentless, adaptable and resourceful. That is why we are banning articles that are used to commit serious crime, including templates for 3D printed firearms components, pill presses, and vehicle concealment and signal jammers that are used in modern vehicle theft. In banning the supply, adaptation, manufacture and import of those articles, as well as their possession, we will target the corrupt individuals who profit from supplying those articles to those involved in serious criminality while keeping just enough distance from the offences being carried out to avoid facing the inevitable consequences of their actions.

We are also strengthening the operation of the serious crime prevention orders. It is absolutely right to make it easier for the police and other law enforcement agencies to place restrictions on offenders or suspect offenders and stop them from participating in further crime. Fraud is now the most prevalent form of crime. It costs this country billions of pounds annually and is a terrible personal violation. I have no doubt that every Member of the House will know constituents who have suffered from that type of crime.

The Criminal Justice Bill contains several new measures to tackle fraudsters and the perpetrators of other serious crimes. We are prohibiting the possession and supply of SIM farms that have no legitimate purpose. Law enforcement agencies will have extended powers to suspend domain names and IP addresses used for fraudulent purposes or other serious crimes. We are also reforming the powers used to strip convicted criminals of the proceeds of crime. A new scheme will see the Government work with the financial sector to use the money in accounts suspended on suspicion of crime to fund projects tackling economic crime.

Going beyond economic crime, we are further expanding the identification principle, so that companies can be held criminally responsible when a senior manager in that company commits a crime.

--- Later in debate ---

[James Cleverly]

Once again, my hon. Friend makes a good point. We are always willing to listen to suggestions from colleagues around the House that will strengthen the ability to close loopholes, so that sinister but clever and adaptable individuals do not find a way of navigating through the legislation, so I take his ideas on board. I do not have much of my speech left, Madam Deputy Speaker. I am sure you would encourage me to move quickly, and I beg the indulgence of the House to do so.

There has been a concerning increase in the number of serious offenders refusing to attend their sentencing. It is a further insult to the victims and the families; as we have seen, it causes a huge amount of upset. That is why we are giving judges express statutory powers to order offenders convicted of an offence punishable with a life sentence to attend their sentencing hearings. That measure will apply to all offenders convicted of any offence that carries a maximum penalty of life imprisonment. Adult offenders who refuse to do so, without reasonable excuse, will face punishment with an additional custodial sentence of up to 24 months. The legislation will also make it clear that judges in the Crown court may direct the production of any adult offender, and that the custody officers can use reasonable force to ensure that they are produced.

[Sir Robert Buckland]

Will my right hon. Friend give way?

[James Cleverly]

I am sorry, but I promised Madam Deputy Speaker that I would be winding up.

Last year, the independent inquiry into child sexual abuse published its final report. It revealed the terrible extent to which children have been betrayed over decades not only by rapists and abusers but sadly, in too many instances, by those who should have been there to protect them. We must honour the courage of those who have spoken out by doing things differently. Everything possible must be done to prevent these crimes. When they do occur, they should be met with heavy punishment. The Bill introduces a new statutory aggravating factor to capture offenders who demonstrate grooming behaviours in connection with specified sexual offences against children and young people, or whose offences have been facilitated by grooming by others.

The grooming itself need not be sexual; it may be undertaken by any offender or a third party and committed against the victim of the underlying offence or a third party. The Government will also bring forward amendments to the Bill to restrict the ability of registered sex offenders to change their names in certain circumstances. Following consideration of the responses to our consultation, which closes on 30 November, we also plan to bring forward amendments to provide for a legal duty to report child sexual abuse.

Northern Ireland Protocol: First Treasury Counsel

Debate between Robert Buckland and James Cleverly

Thursday 9th June 2022 Commons Chamber

[James Cleverly]

The Government are confident that our plans abide by international law. The Government will be setting out their legal position in due course, and in accordance with the long-standing convention we do not discuss legal advice given to Government.

[Sir Robert Buckland (South Swindon) (Con)]

I listened very carefully to the right hon. Member for Orkney and Shetland (Mr Carmichael). He well knows, as a former Minister, that the Law Officers’ convention is very clear about the disclosure or non-disclosure of legal advice that might be tendered to the Government. I will say this to him in all respect: it is important that lawyers advising the Government do so in privileged circumstances. The real question here is, why on earth are leaks happening time and time again about important legal advice? I want to see the legal position published when the Bill is published.

[James Cleverly]

My right hon. and learned Friend makes an incredibly strong point. I am conscious that I may get a reputation for repetitiveness at the Dispatch Box, but he is right that the Government’s position is that our actions are legal in international law. It is a long-standing convention that we do not disclose the legal advice given to the Government.

Oral Answers to Questions

Debate between Robert Buckland and James Cleverly

Thursday 1st November 2018 Commons Chamber

[James Cleverly (Braintree) (Con)]

2. What assessment he has made of the effectiveness of the CPS in prosecuting crimes involving the exploitation of vulnerable people.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service has had considerable success in prosecuting cases involving the exploitation of vulnerable people by gangs. The number of offences charged and prosecuted under trafficking and slavery legislation has risen year on year to 340 last year, and last month we saw the successful prosecution of Zakaria Mohammed, who is believed to be the first person to be jailed under modern slavery laws in respect of the exploitation of children.

[James Cleverly]

I thank my hon. and learned Friend for that answer. Does he agree that the use of some of the youngest and most vulnerable people in our society for county lines drugs trafficking is a particularly pernicious offence? What is the CPS doing to crack down on that activity?

[The Solicitor General]

My hon. Friend is right to focus on the menace of organised crime and county lines. The CPS has developed an approach to county lines, particularly when it comes to the investigation and prosecution of offences involving vulnerable people—in other words, how to treat them and whether they should be treated as victims or defendants.

Oral Answers to Questions

Debate between Robert Buckland and James Cleverly

Thursday 10th May 2018 Commons Chamber

[James Cleverly (Braintree) (Con)]

9. What steps the CPS is taking to increase its effectiveness in prosecuting crimes involving the exploitation of vulnerable people by gangs.

[The Solicitor General (Robert Buckland)]

The exploitation of vulnerable people to traffic drugs across the country through county lines activity is abhorrent, and the CPS does consider modern slavery legislation when it comes to relevant charging decisions.

[The Solicitor General]

My hon. Friend is right to raise the issue of cuckooing and the need for local police forces such as Sussex to collaborate with other forces. A good example was a case last month in which two London-based gang members were convicted in Swansea Crown court of trafficking a teenage girl to the city to deal heroin and crack cocaine.

[James Cleverly]

Essex, being one of the home counties, suffers from the displacement effect of gang activity from London, and we have unfortunately seen pockets—it is only pockets at this stage—of violent gang activity in the county. What financial resources are the Government allocating to tackle serious gang violence?

[The Solicitor General]

My hon. Friend has correctly characterised the nature of some of this gang offending. The Government’s serious violence strategy involves a new commitment of £40 million over two years, which includes £11 million for the early intervention youth fund and £3.6 million for the new national county lines co-ordination centre.

Royal Assent

Oral Answers to Questions

Debate between Robert Buckland and James Cleverly

Thursday 8th December 2016 Commons Chamber

[The Solicitor General]

Forgive me, Mr Speaker. I make that application to group the questions in that order.

[James Cleverly (Braintree) (Con)]

6. What steps the Government are taking to increase the number of prosecutions for modern slavery.