My Lords, I will speak mainly to Amendments 11 and 12 in the name of my noble friend Lord German. I cannot stop myself saying that it really goes against the grain to do anything that suggests that Liberal Democrats regard the Bill as requiring only some tweaking to be acceptable.
First, I would like to make a general comment about Clause 1. For many years, Governments have opposed amendments setting out the general purpose of a Bill on the basis of such a clause having no effect and being rather confusing. I used to find that understandable, although I signed such amendments; they have tended to be narratives describing hopes, rather than expectations or anything firmer. The noble Baroness, Lady Chakrabarti, has commented on the changing fashion—of such measures being there to make the courts wary of the direction in which they might like to go. This problem applies to Clause 1.
There is a notable omission from the exposition of the Government’s policy—and that is tackling people smuggling, which is abhorrent in itself, not only because of the smugglers’ role in bringing asylum seekers to the UK. The Illegal Migration Act has a similar introductory section. Specifically, Section 1(3) says:
“Accordingly, and so far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1)”.
It is important to be clear about the legal effect of Clause 1. If it is intended that the clause is to be relied on, it needs to be sharpened up—for instance, in the case of terminology such as
“the system for the processing of … claims … is to be improved”,
an objective of the treaty, which is a pretty low bar. But my central point is that we need to be very clear about the legal effect and status of this clause, because there will be little point in amending the clause on
Report unless the amendment has an effect, either as a stand-alone or by subsequent reference, such as the Act not coming into force unless a provision in Clause 1 is met. This may seem a rather technical point but, looking ahead, I do not want to be tripped up on it.
Amendment 12—I am aware that it is an amendment to the clause whose effect I have been querying—therefore probes the definition of “safe country”. The Bill refers, in Clause 1(5)(b)(ii), to a person having
“their claim determined and … treated in accordance with that country’s obligations under international law”—
that is, Rwanda’s obligations. The amendment would leave out “that country’s” and insert “the United Kingdom’s”, changing it to being the UK’s “obligations under international law”.
The treaty is predicated on Rwanda being under the same obligations, and as observant of them, as is the UK, so that the transfer to Rwanda, as I understand it, means really only a change of venue. Dr Google did not really help me yesterday in finding what conventions Rwanda has signed up to and, importantly, ratified and observed. But we are proceeding with this on the basis that everything that we would do in this country will apply under the new regime, and I will be interested in the Minister’s comments.
Amendment 11 is related to this. Clause 1(5)(a) also defines a safe country for the purposes of the Bill. It refers to the UK’s obligations
“that are relevant to the treatment in that country of persons who are removed there”.
Surely, all our obligations are relevant to the treatment of persons removed there, not just in that country. So both amendments go to the issue of safety—that is, the Bill’s compatibility with the UK’s human rights obligations, which are the obligations that are crucial as part of this whole regime.