My Lords, I am grateful to the noble and learned Lord, Lord Goldsmith, and members of the International Agreements Committee for their report on the UK-Rwanda agreement. As other noble Lords have pointed out, it is a model of clarity, precision and informative analysis, as was the noble and learned Lord’s elegant summary today.
The noble and learned Lord, Lord Goldsmith, and the noble Lord, Lord Kerr, both brought us through the steps proposed in the treaty and those that are still needed to make Rwanda a safe country. I will not go through all the steps to which they referred, but they concluded that those steps have not been put in place yet, as noble Lords across the House have pointed out, and we do not know whether they will be and how effectively that will be done.
The question that has been put is a fair one: are the guarantees proposed by the Government to be agreed in international law under the treaty, which involve legal and practical steps and reassurances on compliance, sufficient to allow Parliament to judge whether Rwanda is safe? Is saying that something is the case, or committing to measures that may make it so, proof that it is so? I also ask: will it reassure the courts? The committee does not think it should reassure Parliament, and nor in my view is it likely that the courts will judge it so.
On the face of it, the committee’s report, arising as it does from the decision of the Supreme Court and dealing with the Government’s response to that decision, is unanswerable. I sympathise with the courts that interpret the law and with the committee, which, following
the Supreme Court judgments, asks whether the treaty will do the job that the Government say it does—that is, to reassure Parliament that Rwanda is safe.
Whether the treaty ultimately succeeds and works will be for the courts to decide, but, if a successful challenge is brought against removal to Rwanda, that answer will be no, for, as long as the UK is bound by the current provisions of international laws relating to asylum and refugees, it will not be able to satisfy the obligations. No country can. Such international treaties protecting the human rights, asylum and refugee claims of people from jurisdictions other than our own seem to command priority over the concerns of people in this country. Moreover, ever more complex arrangements seem to be put in place to promote and safeguard such claims, often at the expense of those voters in this country.
We have been told, including by some noble Lords in this House—and here I refer to the excellent speech of the noble Lord, Lord Hannay—that, were we to deviate in any way from international law, this would cast doubt on Britain’s standing among other countries party to the law. Well, I do not think we would be out of step with our neighbours. France, Italy and Germany face the same problem. Each of those neighbours is a G7 country and each has seen an explosion in the number of those arriving within their borders to seek asylum. They are generous to asylum seekers—as is Britain, and its people. But Germany, which has taken quite a number of asylum seekers, is, in the words of the left coalition, which I will not repeat in German, full up.
We are living in a make-believe world in which Parliament and the courts seem to be at loggerheads, in practice if not in principle. We claim the centrality of the separation of constitutional powers: many noble Lords have referred to that, and the committee’s report refers to it in paragraph 13. But no longer can I see that the courts, in doing the work they do—which, given the law, they must do—can protect this country from what seems to many people to be arbitrary power. For, whether we like it or not, international laws made, changed, interpreted and imposed, even if under a treaty to which we are a signatory—the consequences of which the majority of people have continued to make clear democratically, through the ballot box and through opinion polling, they do not want—are arbitrary and should not be retained.
I suspect that many noble Lords will warn the Government against proceeding with the Rwanda Bill linked to this treaty. Some will support the second Motion from the noble and learned Lord, Lord Goldsmith. I will certainly support the first, but not the second. If it does the trick to reassure, first, Parliament and, ultimately, the courts, well and good: but, given the exceptional ability, ingenuity and inventiveness of those engaged in advising asylum claimants, it will not be long before a successful challenge is brought.
Can my noble friend the Minister ask the Government to prepare and publish the necessary measures to prepare for that eventuality and see off the challenge? For, whether we like it or not, and whether the Government like it or not, we are seeing a constitutional
crisis in the making, in which the will of the people, through their MPs, to have a say in the laws under which they are governed, the kind of country they live in, the taxes they pay and the opportunities they have, is flouted because their Parliament is powerless. The constitutional protection of the courts—the traditional role of the courts to protect freedoms—appears to them to have been turned on its head. Given its international obligations, the UK cannot control who comes in and who goes out, for that depends not on Parliament nor the will of the people but on what seems to them to be distant law made for a far-off time and a different world.
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