My Lords, I think, with respect to the noble and learned Baroness, that that point has been canvassed extensively on previous occasions.
As we set out on Monday, the legislation required for Rwanda to ratify the treaty passed that country’s lower house on 28 February, and it will now go to that country’s upper house. Once ratified, the treaty will become law in Rwanda. It follows that the Government of Rwanda would then be required to give effect to the terms of the treaty in accordance with its domestic law, as well as international law. As my noble friend Lord Lilley set out on Monday, it is inconceivable that Rwanda will not implement carefully and considerately, and we continue to work at pace with the Government of Rwanda on implementation.
We therefore do not consider it necessary to make the proposed changes to Clause 4 to permit decision-makers or courts and tribunals to consider claims on
the basis of Rwanda’s safety generally, or that Rwanda will or may remove persons to another state in contravention of its international obligations or permit the courts and tribunals to grant interim relief, other than where there is a real, imminent and foreseeable risk of serious and irreversible harm. There are ample safeguards in the Bill, and these amendments would be contrary to the Bill’s whole purpose.
To conclude, we have made it clear that we cannot continue to allow relocations to Rwanda to be frustrated and delayed as a result of systemic challenges on its general safety. In this context, the safety of a particular country is a matter for Parliament and one in which Parliament’s view should be sovereign. The evidence that we have provided and the commitments made by the United Kingdom and the Government of Rwanda through this internationally binding treaty enable Rwanda to be deemed a safe country. The Bill will allow Parliament to confirm that it considers that it has sufficient material before it to judge that Rwanda is in general safe and makes it clear that the finding cannot be disturbed by the courts.
Before I sit down, I return in a bit more detail to the matter which the noble Lord, Lord Cashman, started with his comment and which was answered by others. As we have set out previously, the constitution of Rwanda includes a broad prohibition of discrimination and does not criminalise or discriminate against sexual orientation in law or policy. As part of the published evidence pack, the updated country information note gave careful consideration to evidence relating to the treatment of LGBT individuals in Rwanda. Rwandan legal protection for LGBT rights is, as we have heard, generally considered more progressive than that of neighbouring countries.
I will conclude my submissions with reference to the point raised earlier by my noble friend Lord Lilley when he spoke about the precedent set by the 2004 legislation and referred to the views of the noble and learned Lord, Lord Neuberger, in relation to parliamentary supremacy. As my noble friend correctly quoted, it is a matter of this country enjoying parliamentary supremacy. Parliamentary supremacy is at the heart of accountability to Parliament and, through Parliament, accountability to the people about whom my noble friend Lord Howard of Lympne has spoken so eloquently during the debate on this Bill.
In conclusion, I submit that the noble Baroness should not press her amendment for the reasons I have given. Were she to do so, I have no hesitation in inviting the House to reject it.