Oh, thank you, Mr Deputy Speaker. I am sorry; I could not hear you with all the excitement.
Unusually, the aim of this Bill is set out in clause 1, which is
“to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes”.
That is an aim with which I am sure not a single hon. Member could disagree. Illegal migration is possibly one of the greatest scourges of our age. It is evil, it is internationally organised and it is socially and economically damaging to this country. The Rwanda scheme is an inventive and innovative plan. It establishes, or aims to establish, an effective deterrent to illegal migrants—to make them think twice about making that perilous crossing across the channel. Unfortunately, it foundered on the rocks of the Supreme Court last month, when the Court held that Rwanda could not be considered a safe country, because there were substantial grounds to believe that migrants would face the risk of refoulement, or of being transferred to their country of origin or a third country. The treaty that the Government have concluded does provide reassurance in that regard. It addresses the problem identified by the Court by making specific provision that no relocated individual may be removed from Rwanda other than to the United Kingdom.
Given the dualist nature of our constitution, the treaty needs to be complemented by domestic legislation, and this Bill is that legislation. It is critical that the Bill should function as the Government intend, which is to facilitate the removal of illegal migrants to Rwanda without legal impediment. The question is: does it do so effectively? The Bill has been described as
“the toughest piece of…migration legislation ever put forward by a UK Government”,
and there is no doubt that it does toughen the current regime. However, it is debatable whether it is sufficiently watertight to amount to a significant deterrent to the boats by facilitating the flights to Rwanda.
The Bill has been considered by the legal panel of the European Research Group, and I commend its report to hon. Members. It notes that significant amendments to the Bill are required to improve it, but it expresses concern that those amendments may well be outside the scope of the Bill. One of the most significant problems is that the Bill contains no restrictions on legal challenges against removal to Rwanda on any grounds other than
that Rwanda is not a safe country, and that clearly reflects the fact that the Bill is a direct response to the judgment of the Supreme Court last month. If the Bill does successfully block challenges based on arguments that Rwanda is not safe—the treaty certainly helps in that regard—it is likely that those advising illegal migrants will focus more on pursuing challenges of another kind.
We should consider clause 4, which specifically provides that legal challenges to removal may be made if arguments are put forward that Rwanda is not a safe country for individual migrants based on compelling evidence relating to their personal circumstances. The opportunities for the abuse of that provision are obvious. Migrants may well be advised by people smugglers or by unscrupulous lawyers, because there are some, that they should oppose removal to Rwanda on spurious grounds such as a non-existent mental health condition, a fear of flying or whatever. Given that as many as 500 illegal migrants, at the height of the summer, arrive on these shores every day—