My Lords, I am grateful to all noble Lords for their contributions to this debate, as I am for their contributions throughout the progress of the Bill through your Lordships’ House, but these amendments do significant damage to the core purpose of the Bill. In relation to political language, I hear what the noble Lord, Lord Coaker, said from the Front Bench but on this subject, I wish to do no more than echo the wise and temperate words of the noble Baroness, Lady Fox of Buckley. Her observations, as she said, come from someone who is not a supporter of the Bill, but she spoke about the manner in which arguments should be conducted, and the manner in which this House should treat the views of the other place—not a tyrannical assembly, contrary to the view expressed by the noble Baroness, Lady Jones of Moulsecoomb, but elected Members representing their constituents.
In relation to Section 19(1)(b) of the Human Rights Act, which the noble Lord, Lord Coaker, addressed from the Front Bench, the matter is touched on in the response to the Constitution Committee which the Government have issued. The use of a Section 19(1)(b) statement does not mean that the Bill is incompatible with the European Convention on Human Rights. There is nothing improper or unprecedented in 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 intended Section 19(1)(b) to be used as it is included in the Human Rights Act 1998. All such a statement means is that the Home Secretary is not able to state now that the Bill’s provisions are more likely than not compatible with convention rights. A range of Bills has had Section 19 (1) (b)
statements in the past. As we discussed at an earlier stage, that includes the Communications Act 2003, passed under the last Labour Government.
The noble Baroness, Lady Chakrabarti, extends an olive branch, as she puts it, and I think the noble Baroness, Lady Jones of Moulsecoomb, came back on that. But the other place saw these provisions, olive branch though they may be. I do not for a second seek to challenge the noble Baroness’s assertion that she is attempting to improve the Bill, but what the other place recognised was that these provisions are integral to the functioning of the Bill. Therein lies the deterrent effect by which the Government intend that illegal crossings of the channel should come down and be deterred altogether.
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The noble Lord, Lord Carlile of Berriew, in his desire to be jocular at the expense of the Government and the Bill, overlooks the deterrent effect of the Bill. He cites the figures that will be expended in the Rwanda system but, of course, the objective His Majesty’s Government have with this Bill is to deter crossings. His Majesty’s Government would be entirely delighted if no one were ever to be sent to Rwanda, because the deterrent effect was effective.
We have spoken at length about the assurances given between His Majesty’s Government and the Government of Rwanda, and I do not intend to go any further on that. The noble Lord also went rather too far when he said that the Supreme Court had determined that Rwanda was unsafe. No such finding was made; the finding bore on the risk of refoulement, a matter addressed in the treaty and debated at length with noble Lords.
The noble Lord asked wherein lie the safeguards once the Bill is in place. The answer to that, of course, is in the monitoring committee made up of independent persons, and the extensive presence of UK civil servants assisting with it.
In relation to that, the terms of reference of the monitoring committee will include monitoring compliance with assurances given in the treaty and associated notes verbales, and reporting to the Joint Committee on its findings, such as on the implementation by His Majesty’s Government and the Government of Rwanda of the obligations of the treaty; reception conditions; accommodation; processing of asylum claims; and treatment in support of relocated individuals at all times while they remain in Rwanda. It may publish its reports following notification to the Joint Committee. It is expected to report any significant issues to the Joint Committee straightaway. It may provide advice or recommendations to the Joint Committee on actions that should be taken to address identified issues. It will monitor complaints handling by His Majesty’s Government and that of Rwanda, and it will develop its own complaints system to allow relocated individuals and their legal advisers to make confidential complaints regarding any alleged failure to comply with the obligations of the treaty, including as to treatment of relocated individuals or any element of the processing of their asylum claim in accordance with the treaty. Therein lie the protections.
The noble Lord, Lord Lipsey, spoke about the duties of this place in relation to the other place and urged the House to consider taking steps to prevent these measures coming in. He urged a future Conservative Government—the one who will take their place after the next election, I venture to suggest—to bring them forward as part of their manifesto. I hear what the noble Lord says and note his genuine commitment to the constitutional proprieties and workings of this place. However, this Government do not intend to stand idly by. We must address the problem of fatalities in the channel now.
Along with other countries with similar constitutional arrangements to the United Kingdom, we have in this country a dualist approach whereby international law is treated as separate to domestic law; international law is incorporated into domestic law by Parliament through legislation. The purpose of this Bill is to invite Parliament to agree with its assessment that the Supreme Court’s concerns have been properly addressed and to address the measures in the Bill accordingly.
In relation to the nature of our monist system, where the manner in which the United Kingdom approaches these things is not shared and where international treaties are incorporated directly into domestic law, I happily adopt the observations of my noble friend Lord Murray of Blidworth in his intervention on the noble Lord, Lord Carlile of Berriew. The noble Lord, Lord Green of Deddington, spoke usefully about the public’s perception of this matter. The Bill prevents domestic courts and tribunals granting interim remedies on matters relating to the general safety of Rwanda. It makes it clear that there is very limited scope for individuals to challenge their removal to Rwanda.
The Bill will enable us to create a deterrent only if people can be returned swiftly to their home country or removed to a safe third country. To permit that to happen, we must end the cycle of late, repeated and spurious legal challenges. We must make it clear that, on the basis of the published evidence pack and the internationally binding treaty, Rwanda is a safe country which will offer the necessary protection and support to those who are relocated there. These amendments would simply perpetuate that cycle of legal challenge and render the Bill worthless.
Ours is a strong track record of rights, liberties and protection of human rights internationally, and this Government are committed to enhancing that record. Although some of the provisions in the Bill are novel, the Government are satisfied that the Bill can be implemented in line with convention rights. Noble Lords will know and have heard in the course of our debates on the Bill that Australia has taken a similar approach with Nauru, and we now know that other countries are exploring similar models—for example, Italy, which has announced a partnership with Albania.
Noble Lords from various sides of the House have spoken about the need, ultimately, to address these matters on an international, global basis. The Government share that aspiration, but steps must be taken now. As I said in response to the noble Lord, Lord Lipsey, we must urgently address the matter of fatalities in the channel through people attempting to cross illegally. The Bill will do that.