My Lords, I speak to Amendment 8 and associated Amendment 72 in my name. I am grateful to the noble Lord, Lord Kerr, and to the right reverend Prelates the Bishop of Bristol and the Bishop of St Edmundsbury and Ipswich for their support. I have also added my name to Amendment 64 tabled by my noble friend Lord Coaker.
I have tabled Amendment 8 for several reasons in relation to what happens to those who would find themselves translated to Rwanda should this Bill become law and should there be time for the Government to find the mechanisms and processes to make it work, which is in considerable doubt. Nothing that I say this evening should be taken as any endorsement whatever for any part of the Bill, because I do not believe that it will work or that it is acceptable in terms of our international conventions.
I take up the point made at the end of the last group by the Minister, when making a gallant effort to defend the Government, that this is about deterrents. The deterrent is Rwanda. The deterrent is the refusal, through the Nationality and Borders Act and then the Illegal Migration Act, to allow people to claim asylum when they reach our shores if they do not come with the appropriate accreditation and passport. As there are no current resettlement routes outside the particular routes for Ukraine and Hong Kong that are currently working, anyone outside those bespoke processes is denied asylum in the UK. The previous Home Secretary and her predecessor both made it very clear that what they were doing here was indicating that someone who came without those papers and processes was illegal. By being illegal they became, in the words of Suella Braverman, a criminal—they therefore broke our values and should not have the right to be processed here but instead should be transferred to Rwanda.
My amendment and the associated Amendment 72, which deals with the treaty requirements, are very simple. Someone who is offshored and can justify their asylum claim by showing that they are a genuine refugee should be allowed back into the country. That was true of the Australian scheme mentioned earlier, which incidentally was about picking people up in the 1,000 nautical miles of sea before people reached Australia and translating them back to the processing company.
The one thing the Australian scheme had in common with the Rwanda scheme is the cost: it ended up at £1 million per individual, which is what we will end up with here. They had that in common.
What the Rwanda scheme does not have in common with the proposition from, I repeat what I said a few weeks ago, the very far-right Prime Minister of Italy, the leader of Brothers of Italy—I do not know whether Members on the Benches opposite accept that she is a genuine right-winger—for offshoring to Albania is that those who are adjudged to be asylum claimants and shown to have refugee status will be transported back to Italy. They have the right to come back to the country that originally transported them out.
I want to make this clear, although at this time of night the message probably will not get across, but I do not believe that Members of the House of Commons understood what they were passing. I do not mean to be patronising, but I just think that they did not take account of the detail; neither did the public. I do not think they understood that it is a one-way ticket. We are not offshoring by any known concept of that process, but showing Rwanda, as I just described, to be a threat. If it is a threat, it is a threat. What is the threat about Rwanda? It is that it is Rwanda.
The Bill is a one-way ticket that, bizarrely, allows asylum to be claimed or not. In the responses at the end—and I gave notice of this at Second Reading—I would be interested in knowing what happens if someone who is not allowed to claim asylum in the UK, having been transported to Rwanda, chooses not to claim asylum in Rwanda. It cannot be presumed that, because they had tried to claim asylum in the UK and were criminalised when denied it, they would claim asylum in Rwanda. Perhaps we could park that and someone can give me an answer.
Let us say that they do claim asylum in Rwanda: they will end up no different from those who have not claimed asylum, because they will be in Rwanda. Sadly, those who have demonstrated their legitimate claim to asylum, and therefore are refugees by every international convention, will be in exactly the same position as those who are adjudged not to be refugees but who remain in asylum. The only two categories among those who can reach the UK from Rwanda are those who are claiming asylum in the United Kingdom as Rwandans, or those who cannot be transported from Rwanda to the country of their origin because it is unsafe and who are allowed back under the Bill. Those are the only two categories. Those who are not allowed back are those who have actually demonstrated their refugee status. This is Alice in Wonderland stuff; it is absurd.
If this is all about sending signals to the traffickers that their business model is broken, we would really be breaking the asylum seekers rather than the organised criminals. They would simply say to people, “If you are going to be transported to Rwanda, but you demonstrate your refugee status, you will remain in Rwanda, just as those who do not will remain in Rwanda”, the asylum seekers will disappear into the ether. Organised criminals are to be dealt with in subsequent groups in Committee. Genuine refugees will find themselves in the hands of organised criminals and part of modern slavery. We know that that will happen, because that is what organised traffickers will tell asylum seekers: “We will give you a telephone number. Ring it, and we’ll find you a job and a bed, and we’ll own you”.
If there is anything moral in how we stop people coming across the channel in dangerous small boats, it is not the morality of sending away the organised traffickers. It is the immorality of encouraging people to disappear into the hands of those same organised criminals.
I am suggesting that—as with Giorgia Meloni, and every other system in the world that has ever existed, as far as I know—those who demonstrate their refugee status, and have been transported from the country they finally reached, should be allowed to come back as refugees. It might not fit the threat of Rwanda that we talked about earlier, and will talk about in subsequent groups, but it would fit our commitment to our international obligations and the human rights of those individuals. If we do not do that, we are developing a concept of the United Kingdom as a country that will not only breach all international conventions that we have signed but our basic morality. That would be demonstrably dangerous for this country and other parts of the world in years to come.