My Lords, I thank all noble Lords who have spoken in the debate. The overriding purpose of the Bill is to ensure that Parliament’s sovereign view that Rwanda is a safe country is accepted and interpreted by the courts to prevent legal challenges which seek to delay removals and prevent us from taking control of our borders.
Amendments 3 and 7, in the name of my noble friend Lord Hailsham, suggest that the legislation is replacing a judicial finding of fact. The Government respect the decision of the Supreme Court in its judgment. However, the judgment was based on information provided to the court on Rwanda up until summer 2022. Their Lordships recognised, explicitly and in terms, that those deficiencies could be addressed in future.
In response, the Home Secretary signed a new, internationally binding treaty between the United Kingdom and the Government of Rwanda, which responds to and resolves the concerns raised by the court. Alongside the treaty, the Government have also introduced the Safety of Rwanda (Asylum and Immigration) Bill, which buttresses the treaty, and supports the relocation of a person to Rwanda under the Immigration Acts.
It is our view that Parliament and the Government are appropriately equipped to address the sensitive policy issues involved in this legislation and, ultimately, tackle the major global challenge of illegal migration.
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Amendments 1, 2, 5 and 34 tabled by the noble Baroness, Lady Chakrabarti, seek to include a second purpose to the Bill, which is to ensure compliance with the rule of law, by requiring positive UNHCR advice on the safety of Rwanda to be laid before Parliament before individuals can be removed to Rwanda. It also requires the UNHCR to consult international experts before providing the advice to the Government and Secretary of State. We consider the terms of the treaty—which have been carefully agreed with the Government of Rwanda and will be binding in international law—to be sufficient to ensure that those relocated under the partnership will be offered safety and protection with no risk of refoulement.
The Government have conducted their own assessment as to the safety of Rwanda, reflected in the published policy statement and the comprehensive supporting evidence, including two detailed country information notes and accompanying annexes, which have been published online. This evidence draws on a wide range of sources in addition to the institutional expertise of the Home Office and the Foreign, Commonwealth and Development Office, as experts on the bilateral relationship between the UK and Rwanda. Indeed, annexe 2 to the country information notes is comprised entirely of UNHCR evidence, which has already been factored into the Government’s assessment. It is also the Government’s understanding that the UNHCR has not been consulted or worked with Peers on these amendments. It is unclear what is meant by “international experts” or who bears the cost of such consultation.
The provisions in the Bill prevent challenge on the grounds that Rwanda is not a safe country generally, reflecting the Government’s confidence in the assurances of the treaty, and in Rwanda’s commitment and capability to deliver against these obligations. As I have set out, the Home Office has reviewed a wide range of sources, including evidence from the UNHCR, via an established process for assessing country safety. This is, therefore, the most appropriate assessment on which to rely.
It would not be right for our ability to deliver this policy—which is key to our commitment to stop the boats—to be left solely dependent on a further, independent assessment by an external body such as the UNHCR, which, we further note, has not been consulted or worked with Peers on these amendments.