Up to a point, Lord Copper. I think the second proposed new subsection in the amendment—proposed new subsection (8) of clause 1
—will provide leeway for the Government to disagree with the advisory committee, which might advise that Rwanda is no longer a safe country when in the opinion of the Secretary of State it is. Then it would be a matter for Parliament to determine, and the trigger would not come into place. On the first proposed new subsection in the amendment—proposed new subsection (7) of clause 1—my right hon. and learned Friend is on stronger ground, in the sense that it relates to a statement from the independent monitoring committee. However, I have no problem with an independent monitoring committee that has been set up by a treaty that has been agreed to by this Government and by the Government of Rwanda, and which has come into force in our law through the Constitutional Reform and Governance Act 2010 provisions. Slightly inelegant though it is, it is difficult to see another way to do this that could be conclusive, and which could give certainty to all those involved in the operation of the scheme.
The Minister knows that I seek to remove and reduce the possibility of legal challenge. I do not want to see the legislation becoming the subject of angst, sturm und drang in either the High Court, the Court of Appeal or, God forbid, the Supreme Court. We saw the effects of what happened when the situation as of 2022 was determined on the evidence by the Supreme Court. The Minister knows my views about that. Whatever concerns I have about the Supreme Court in effect conducting a test on evidence, which frankly is not what it should be doing—the Supreme Court should deal with and interpret the law of this country—that is the reality in which we operate. I want to ensure that the Bill does not lead to the same problem. That is why the noble Lord Hope’s amendment has strong merit. It clears up any doubt that there is not a mechanism either for the Executive or this place to apply the provisions of the Bill, or to disapply them when the facts change.
Let us ensure that the reality keeps pace with the law, and that deeming provisions, however attractive they might be, are not used as a device to cut corners and to run ahead of ourselves in a way that will only cause problems, not just for the judicial system but for the operation of the policy itself, which the Minister knows I have consistently supported, and will continue to support, as an innovative and proper response to the unprecedented challenge of mass migration that the west is facing now. This is serious stuff. I want the Government to get it right.