My Lords, it is a pleasure to follow the noble Baroness, Lady Hayter. She spoke with calm authority, derived not least from being the former chair of the committee whose report we are considering, and her words should be hearkened to strongly.
It has been a long debate and I will not repeat—I promise—what everyone else has said. I commend the Government and the Government of Rwanda for going through the process of discussing and reaching a treaty. The problem about that achievement is that it is only the beginning of a process and not the process itself. Indeed, the noble and learned Lord, Lord Goldsmith, in his excellent opening, explained that. He explained the role of the committee and the point of the committee. To use a metaphor, if the treaty does not have safe foundations, the skyscraper that is built upon it will become catastrophic. If the foundations are not solid, we should not allow that catastrophe to occur. The committee has found that the foundations are not solid.
In reality, are there not three steps that have to be taken? First, there has to be a treaty. The treaty is considered by the committee chaired by the noble and learned Lord, Lord Goldsmith. Secondly, if it passes the test of the committee, then it is legitimate for there to be a parliamentary Bill, which goes through its normal steps in both Houses. Thirdly, there is to be an effective law if the Bill is passed, which falls within the standards of our jurisdiction—of fairness, administrative sense and justiciability—without court proceedings being excluded under what are entirely artificial, uncomfortable and unfamiliar processes. The three steps I have described are not, to coin a phrase, three steps to heaven; they are
three steps to law, and each one can only be mounted when the other one has successfully been trod upon.
It is noticeable that there have been seven speeches from the Cross Benches in this debate. As a former member of a political party—and I apologise for the umpteenth time to its members for being here, but they do not mind really—I can tell your Lordships that, unlike the political parties, there is absolutely no homogeneity about the Cross Benches; there is not that much homogeneity about some of the political parties either. You have heard seven speeches from the Cross Benches today, from noble Lords who have a wide range of experience and bring it to bear in the debate, that have all come broadly to the same conclusion. Some of that experience was spoken of by the noble Lord, Lord Anderson, who referred to one experience he had as Independent Reviewer of Terrorism Legislation.
I had another experience, which I think is instructive. In 2007, the then Government asked me to prepare on report on counterterrorism law in the United Kingdom. I did a great deal of research on black-letter counterterrorism law in other countries, and I went to one of them—a Commonwealth country—that had, and still has, excellent black-letter law, to deliver a seminar to judges who tried terrorism cases. At the beginning of the seminar, I asked, “How many of you have tried terrorism cases?”, and they all put their hands up. I then asked, “How many of you have seen a conviction in a terrorism case?”, and none of them put their hands up. That is a demonstration of how we can think we have achieved a solution through black-letter law in our system, but I am afraid that, in that country, there was a degree of manipulation and corruption of the judiciary that meant the right conclusions were never reached.
At the moment, we have not proved to the requisite standard—and I would suggest that should be beyond reasonable doubt—that Rwanda is a safe country for a law founded on this treaty. I will borrow a few words from the debate. The noble Lord, Lord Howell, who is a member of the committee and agreed with its conclusions, spoke of a dangerous and damaging part of a bigger picture; I agree with him. And if that picture still seems damaging and dangerous, we should not be allowing it to go to the House of Commons, or to any other part of this Parliament, without recording our disapproval. The noble Lord, Lord Purvis, in an excellent speech, spoke of manipulation of the evidence of scrutiny of compliance in Rwanda; he is absolutely right. He also spoke, as did others including my noble friend Lord Kerr, of cases in which people are given asylum in this country, in courts a few hundred yards from where we are today, because Rwanda is not a safe place for them to be sent. This is exactly what the Supreme Court concluded, and which has not been refuted by anything that has happened since, despite the efforts that have gone into this treaty.
I suggest that, before we could possibly reject the second Motion before your Lordships today, we need to hear the Minister provide—and I do not mind how long he takes—an answer to every one of the 10 points in paragraph 45 of the committee’s report. It will not do to tell us that we will be written to after the event.
The Government should have put in their refutation before we met, and that refutation is not in the Government’s comments of 10 January—published though they are—because they predate the committee’s report.
I have been offended by criticism, some of it aimed at me and others who spoke out on the Rwanda subject, that we are unelected nobodies who are simply put here to obey the rule of the democratically elected House. That is not our role. One of our roles is to protect democracy—sometimes from itself—to ensure that Members of the other place, and indeed Members of our own House, do not overstep the mark and that they do not put us in conflict with the hallowed principle of the separation of powers.
This is not a case of the courts taking on the Government; this is a situation in which the Government have chosen to take on the courts. At the end of the day, what are they actually achieving? We know that only a couple of hundred people at the most would be sent to Rwanda. The Government do not have an aircraft on which they could put them or a pilot who would be prepared to take people who were disturbing the flight on grounds of safety. The cost has now escalated—it goes up every time I hear someone speak. I think it reached £390 million during the speech by the noble Lord, Lord Purvis. This is not what we should be doing, and it is our job to say so, as Members of the House of Lords.
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