My Lords, I am afraid I am not familiar with that part. However, I have just read out the relevant clause in the Bill that deals with specific individual circumstances.
Any person who has been relocated to Rwanda but who subsequently receives a court or tribunal order from the UK that they must be treated as a minor, and are therefore a child who is in Rwanda without a parent or guardian, shall be provided with suitable accommodation and support that meets all the requirements for families with children set out within the treaty under paragraphs 1.1 and 1.2.2 of Part 1 of Annex A to the treaty until the child is returned to the UK.
With regard to concerns about the impacts of the policy on children treated as adults, I reassure noble Lords that there are safeguards in place to prevent that happening. The Home Office will treat an individual claiming to be a child as an adult without conducting further inquiries only if two officers—one of at least chief immigration officer grade or equivalent—have separately determined that the individual’s physical appearance and demeanour very strongly suggest that they are “significantly over 18 years” of age. If doubt remains about whether the claimant is an adult or a child, they are treated as a child for immigration purposes until a further assessment of their age by a local authority or the National Age Assessment Board. This will usually entail a careful, holistic age assessment, known as a Merton-compliant age assessment. Only once this assessment is complete could the individual then be treated as an adult if found to be so.
Many noble Lords have asked whether this Bill will comply with international law. Its provisions are consistent with our international law obligations. They retain rights challenge based on compelling evidence of serious and irreversible harm in specific individual circumstances, which will arise in narrow circumstances.
In response to the points made by the noble Lords, Lord German and Lord Howarth, I say that the Bill makes it clear that it is only for a Minister of the Crown to determine whether to comply with an interim measure of the Strasbourg court. I am grateful to my noble friend Lord Wolfson and the noble Lord, Lord Faulks, for their comments on this.
I will not get drawn into speculation about hypothetical scenarios, but the internationally binding treaty agreed between the UK and Rwanda contains binding commitments to ensure that the scheme is compliant with international law, including the ECHR. It also makes it clear that domestic courts may not have
regard to the existence of any interim measures when considering any domestic application flowing from a decision to relocate a person to Rwanda in accordance with the treaty.
The Permanent Secretary for the Home Office has confirmed that if we receive a Rule 39, instead of deferring removal immediately—as the guidance currently indicates—officials will refer the Rule 39 to the Minister for an immediate decision. To answer the noble Lord, Lord Wilson, I say that the Cabinet Office has confirmed that it is the responsibility of civil servants under the Civil Service Code to deliver that decision. Consideration will be on a case-by-case basis depending on the facts. I also remind noble Lords that, as the Government have set out, both the UK and Rwanda are committed to making this partnership work.
As my noble friend Lord Murray set out, the Section 19(1)(b) statement is not specific to one provision; it applies to the Bill as a whole. A statement under Section 19(1)(b) makes it clear, in this instance, that the Home Secretary is not able to state now that the Bill’s provisions are more likely than not compatible with convention rights. There is nothing improper or unprecedented about pursuing Bills with a Section 19(1)(b) statement. It does not mean that the Bill is unlawful or that the Government will necessarily lose any legal challenges on human rights grounds. Parliament clearly intended Section 19(1)(b) to be used as it is included in the Human Rights Act 1998. It is an important measure to safeguard parliamentary sovereignty. Section 19(1)(b) statements have been used by Governments of all stripes before. For example, the Bill that became the Communications Act 2003 included a provision banning paid political advertising on TV. The use in this case recognises the novel and ambitious approach taken by this Bill, and the fact there is room for argument both ways. We are testing the limits but remain satisfied that this Bill is compatible with international law.
The Bill allows decision-makers and the courts to consider claims that Rwanda is unsafe for a person due to their particular individual circumstances, as we have discussed. As the right reverend Prelate the Bishop of London noted, the Bill does not disapply Section 4 on declaration of incompatibility, as this is the only substantive remedy against the conclusive presumption that Rwanda is safe. Retaining DOIs allows the courts to respond to changing circumstances and for this question to be brought back for parliamentary consideration. Of course, the final say on the matter will remain with Parliament and the Government because Section 4(6) of the Human Rights Act makes it clear that a declaration cannot affect the operation or validity of domestic legislation.
The effect of retaining this Section 4 is therefore beneficial in limiting domestic and international legal challenge and, crucially, does not undermine the operation of the Bill, and in doing so reaffirms parliamentary sovereignty. The court could not grant interim relief on the basis of a DOI having been granted because of the clear and unambiguous language of Section 4(6) of the Human Rights Act.
The noble Baroness, Lady O’Loan, asked about the impact of the Bill in Northern Ireland. The Bill will apply fully in Northern Ireland in the same way as it
does in the rest of the United Kingdom. This is explicit in the Bill and will always be the case, reflecting that immigration policy is a UK-wide matter. Nothing in the Windsor Framework, including Article 2, or the trade continuity agreement affects this. The Bill’s provisions do not diminish the rights and commitments we have made on the convention on human rights in the Belfast agreement. The Government remain fully committed to that agreement in all its parts. The Government are unshakable in their commitment to the Belfast/Good Friday agreement, and the Bill does not undermine this.