My Lords, it is a privilege for this daughter of migrants to share your Lordships’ House, but today in particular it is a huge responsibility.
People were once imprisoned for being in debt and transported across oceans as punishment for the smallest crimes of hunger and desperation. I believe that future generations will come to look at this Government’s flagship policy with an incredulity similar to our feelings about those past inhumanities. But that is just my opinion.
It is also just my opinion that this Bill is repugnant to each tradition represented in your Lordships’ House. It is discriminatory, undermining the dignity of our fellow human beings, which is what asylum seekers and refugees are. It is illiberal and unconservative in its attack on a hard-won international rules-based order, the creation of which a previous generation of British statesmen was so proud. It is unchristian—indeed, contrary to the better instincts of all the great world faiths in its cruelty and dehumanisation. People are not sacks of carrots or widgets to be shunted around the globe for “processing”. To offshore one’s humanitarian responsibilities is as immoral as it is to offshore personal wealth as a means of evading public duty. But, as I say, that is just my view.
However, that the Republic of Rwanda is not currently or yet a safe place for those seeking asylum is not mere opinion; it is, as we have heard, fact. Furthermore,
these are the facts found by the Supreme Court of the United Kingdom: not an international or “foreign” court, as the Prime Minister—another child of migrants—likes to caricature referees whenever he concedes a penalty or misses a goal, but the highest court in a land that has contributed so much to the development of the rule of law across the world. Your Lordships’ International Agreements Committee has ably reported on the factual conditions that must be met before the Rwanda treaty—the trigger for the commencement of this proposed Bill—can even begin to assuage the concerns of the Supreme Court.
Wisdom counsels changing our minds when the facts change, not doctoring the facts when our minds are made up. In attempting to change facts with a draftsman’s pen while simultaneously ousting the jurisdiction of our courts, the Bill is repugnant to the rule of law in general and the separation of powers in particular. In purporting to take ministerial powers to ignore interim rulings of the European Court of Human Rights, a permanent member of the Security Council will lose any moral authority to lecture other states on their international rule of law obligations in dangerous times.
It is hard to justify unelected legislators in a democracy. Noble Lords no doubt have their own arguments to offer their children and grandchildren, such as the expertise, experience and wisdom of a scrutinising and revising Chamber. For me, the most important argument, in an unwritten constitution that lacks entrenched protections even for the independent courts themselves, is that independent parliamentarians will stand with judges against executive abuse, because before democracy—before even our modem notion of rights and freedoms—the bedrock of any civilised society is the rule of law.
5.24 pm