My Lords, in the absence of an immediate returns agreement with France, for which there seems little appetite, it is only by delivering the Rwanda scheme that the Government can achieve the deterrent effect necessary to prevent migrants from attempting to enter the United Kingdom by dangerous and illegal means.
In the brief time available to me, I shall focus on two matters that have been the subject of much misperception in your Lordships’ House. The first is the effect of the Section 19(1)(b) statement on the face of the Bill. As a person who has previously signed such a statement, I have carefully considered its significance. Contrary to a common misunderstanding among opponents of the Bill in your Lordships’ House and the other place, and as we have just heard from the right reverend Prelate the Bishop of London, the statement does not mean that the Minister is certifying that the measures in the Bill are incompatible with the human rights convention. Following a practice introduced under the last Labour Administration, a Minister will not make a Section 19(1)(a) statement of compatibility
unless they are satisfied that, if there was a legal challenge to the new law or a decision taken under it, there is a greater than 50% probability that the court will find the measure to be compliant with the convention commitments of the United Kingdom. In all other circumstances, the Minister will issue a Section 19(l)(b) statement. That is what has happened here.
Therefore, the placing of a declaration of this kind on the front of the Bill cannot, and must not, be characterised as a statement that the Government believe that the measures in the Bill are incompatible with the UK’s convention commitments. The point is that in making such a declaration the Government do not concede any breach of the convention, and indeed there is every prospect that the Government will prevail in any litigation, as occurred in the 2013 Animal Defenders case, which upheld the compatibility of a provision in the Communications Act 2003 that had, when before Parliament, been accompanied by a Section 19(1)(b) statement.
In any case, it is for Parliament to decide whether it thinks the Bill is compatible with convention rights, and it should not be misled by the way in which Section 19(1)(b) statements are phrased, because that would be to misunderstand the substance. Given the treaty and the commitments underpinning the Bill, it is evident that the Bill does not expose anyone to a real risk of removal to conditions under which they would be tortured or exposed to any other convention violation.
The second misperception was exemplified in the speech of the noble Lord, Lord German, today, and the speeches of the noble Lord, Lord Kerr, today and in last week’s debate on the ratification of the Rwanda treaty. It is that the outsourcing of asylum claims made in the UK to a third country is unlawful or, in the words of the noble Lord, Lord Kerr, “dishonours our convention commitments”. This is not so. In the recent Rwanda litigation, this was rejected by the Divisional Court, which held that third-country processing was not unlawful or contrary to the refugee convention. The claimants unsuccessfully sought to appeal that finding. The Court of Appeal, unanimously on this point, agreed with the Divisional Court. The Supreme Court did not even grant permission for any further appeal on that and therefore the law is clear. Third-country processing of asylum claims is lawful.
Having clarified these two matters, I make one final point. This Bill will save lives and protect our borders. It warrants the support of this House.
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