- 4:09 pm
- With permission, Mr Speaker, I would like to make a statement about the UK’s migration and economic development partnership with Rwanda.One hundred million people are displaced globally. Others want to move to a different country, often for economic reasons. This presents an enormous challenge for sought-after destinations such as the United Kingdom. Since 2015, this kind and generous country has welcomed nearly 450,000 people through safe and legal routes. The British people are eager to help those in need and they support controlled migration. They have opened their homes to refugees. But they do not want open borders.For decades the British people were told that this was immoral and that their concerns and opinions did not matter. Even today we see from certain quarters an unhealthy contempt for anyone who wants controlled migration. Such an attitude is unhelpful. Moreover, it is fanciful. We do not have infinite capacity. Already we are struggling to accommodate new arrivals, meaning that we spend millions every day in hotel bills alone.We cannot tolerate people coming here illegally. It is not legitimate to leave a safe country such as France to seek asylum in the United Kingdom. We have to break the business model of the people-smuggling gangs. Their trade in human cargo is evil and lethal, as we were tragically reminded very recently.There is a global migration crisis and it requires international solutions. In April, my right hon. Friend the Member for Witham (Priti Patel), backed by my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), signed a ground-breaking migration and economic development partnership with Rwanda. They deserve enormous credit for their work on this. We agreed that people who come to the UK via dangerous, illegal and unnecessary means can be relocated to Rwanda to have their asylum claims considered there. Those in need of protection will be given up to five years of support, including education and employment training, along with help with integration, accommodation and healthcare.Being relocated to Rwanda is not a punishment but an innovative way of addressing a major problem to redress the imbalance between illegal and legal migration routes. It will also ensure that those in genuine need of international protection are provided with it in Rwanda. It is a humane and practical alternative for those who come here through dangerous, illegal and unnecessary routes. By making it clear that they cannot expect to stay in the UK, we will deter more people from coming here and make such routes unviable.There has been a great deal of misinformation about Rwanda. I visited Rwanda myself several years ago. She is a state party to the 1951 United Nations refugee convention and the seven core United Nations human rights conventions. It is a safe and dynamic country with a thriving economy. It has an excellent record of supporting refugees and vulnerable migrants. The UN has used Rwanda for the relocation of vulnerable migrants from Libya—and this was first funded by the European Union. Many migrants, including refugees, have already built excellent lives in Rwanda. Our partnership is a significant investment in that country and further strengthens our relationship.A myth still persists that the Home Office’s permanent secretary opposed this agreement. For the record, he did not. Nor did he assert that it is definitely poor value for money. He stated, in his role as accounting officer, that the policy is regular, proper and feasible, but that there is not currently sufficient evidence to demonstrate value for money. As he would be the first to agree, it is for Ministers to take decisions having received officials’ advice. Once the partnership is up and running, he will continue to monitor its efficacy, including value for money.In June, the first plane was ready to relocate people to Rwanda. Our domestic courts—the High Court, the Court of Appeal and the Supreme Court—upheld our right to send the flight. However, following an order by an out-of-hours judge in the European Court of Human Rights, the flight was cancelled. The European Court of Human Rights did not rule that the policy or relocations were unlawful, but it prohibited the removal of specific people. This was a “without notice” order and the UK was not invited to make representations to oppose it. As a result, we have been unable to operate relocation flights pending ongoing legal proceedings, but we have continued to prepare by issuing notices of intent for those eligible for relocation, and my right hon. Friend the Prime Minister recently outlined a comprehensive new approach to illegal migration.A judicial review was brought against the Rwanda partnership by a number of organisations and individual asylum seekers. The first part of proceedings considered a case that the partnership is unlawful; the second part argued that UK domestic processes under the partnership are unfair; and the third part argued that the policy is contrary to data protection laws. Today in the High Court, in a judgment spanning more than 130 pages, Lord Justice Lewis and Mr Justice Swift held that it is indeed lawful for the Government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom. The court further held that the relocation of asylum seekers to Rwanda is consistent with the refugee convention and with the statutory and other legal obligations on the Government, including the obligations imposed by the Human Rights Act 1998.This judgment thoroughly vindicates the Rwanda partnership. Earlier today, I spoke to my Rwandan counterpart, Minister Vincent Biruta, and we confirmed our joint and steadfast resolve to deliver the partnership at scale as soon as possible. It is what the overwhelming majority of the British people want to happen. The sooner it is up and running, the sooner we will break the business model of the evil gangs and bring an end to the illegal, unnecessary and unsafe channel crossings. Now that our courts have affirmed its legality, I invite the Opposition to get behind this plan. I commend this statement to the House.
- I call the shadow Home Secretary.
- 4:17 pm
- The Government have failed to stop criminal gangs putting lives at risk and proliferating along our borders; they have failed to prosecute or convict the gang members; and they have failed to take basic asylum decisions, which are down by 40% in the last six years. Instead of sorting out those problems, however, they have put forward an unworkable, unethical and extremely expensive Rwanda plan that risks making trafficking worse.The Home Secretary describes today’s court judgment as a vindication, but I wonder whether she has read it, because it sets out evidence of serious problems in Home Office decision making. It also identifies the significant financial costs of the scheme and the very limited number of people who will be covered, and certainly identifies no evidence that it will act as a deterrent or address the serious problems that we face.The court concluded that the Home Office’s decision making in each of the eight cases considered was so flawed and chaotic that those individual decisions have had to be quashed. There were cases of literally mixing up evidence and the names of individuals, so the Home Office was making decisions on the wrong people; there was confusion between teams in Glasgow and Croydon about who was deciding what and which information should be shared; and evidence of torture and trafficking was not considered. We also know that the Home Office attempted to send heavily pregnant women to Rwanda.That is a damning indictment of the decision-making process in the Home Office, which we know is not working because no decision has been made on 98% of the small boat arrivals in the last 12 months. Ministers seem to have decided that they are so incapable of getting a grip on the asylum system and of taking asylum decisions effectively here in the UK that they want to pay a country halfway across the world to take those decisions for us.
- I am very disappointed by the response from the shadow Home Secretary, and I am concerned that she is seeking to go against a legitimate, rigorous decision set out exhaustively by our independent judiciary, and is still suggesting that this is an illegitimate scheme. We see in the judgment that the scheme is lawful on several grounds. The judgment looked at the legislative authority for the scheme. It looked very closely at the claims that it breached articles 3 and 14 of the European convention on human rights, and article 31 of the refugee convention. It looked closely at whether it was fair, and at whether the right of access to justice was respected. It looked very closely at other public law grounds. On all those claims, the Home Office won. The Court concluded that it was and is lawful for the Government to make arrangements to relocate asylum seekers to Rwanda, and for asylum claims to be determined in Rwanda, rather than in the UK. The judgment is a comprehensive analysis of the reasons why.The right hon. Lady asks about the eight individual cases. We accept the Court’s judgment on those cases. We have already taken steps to strengthen the caseworking process, including revising the information and guidance given to individuals during their assessment for relocation, but we have been clear throughout that no one will be relocated if that is unsafe for them, and support is offered to individuals throughout the process to ensure that it is fair and robust.The simple truth is that Labour Members have opposed every one of our efforts to deter illegal migration. They opposed the Nationality and Borders Act 2022, life sentences for people smugglers, and the removal of foreign national offenders, including drug dealers and rapists. All they offer is obstruction, criticism, the performative politics of opposition, and magical thinking. What do they actually offer? They say that we should return to the failed Dublin scheme—no matter that it was ineffective, and no matter that the EU does not want it. Labour Members want safe and legal routes as the answer, no matter that this Government have done more than any other in recent history, offering sanctuary to more than 450,000 people by safe and legal routes. No matter that Labour Members cannot define what routes they would stand up themselves, or that our capacity is not unlimited, and that there are more than 100 million people displaced globally. Would Labour give them all a safe and legal route to the UK?
- Although the High Court ruled that the Rwanda policy is lawful, as has been said there were only eight asylum claimants. Those cases have all been set aside by the Court, which said in its ruling that the circumstances of each claimant had not been considered properly. Latest Home Office website figures currently show that more than 160,000 individual cases are outstanding. Furthermore, as the Home Secretary—in whom I have the greatest confidence—stated, the European Court judge who issued the injunction clearly did so without proper consideration of the Rwanda policy, and such rulings do not command our respect.Does my right hon. and learned Friend accept that for all those reasons it becomes more essential than ever to apply the “notwithstanding” formula to the new legislation that the Prime Minister has announced for mid-January? That must also distinguish in our own law between genuine refugees and illegal economic migrants, not only in the interests of saving life, but also to prevent organised criminality, and to assert UK parliamentary sovereignty, overriding the European convention on human rights, and at the same time dealing comprehensively with the current backlog of those 160,000 outstanding asylum cases.
- My hon. Friend makes an important point. The European Court of Human Rights did not rule on the lawfulness of our policy. It did not rule that the policy or relocations were unlawful, but it did none the less prohibit the removal of individuals on the 15 June flight, via interim and injunctive relief. We have a proud tradition of defending fundamental rights in this country, and we will always retain a robust approach to protecting and preserving human rights. However, that does not mean that we will have a migration system that can be abused and exploited by those who do not have legitimate claims to be here. As the Prime Minister announced last week, we will be bringing forward legislation to ensure that we have a robust migration system and secure borders.
- I call the SNP spokesperson.
- This is a dark day indeed with this judgment, particularly when the Home Secretary comes to the House to imply that having morals is fanciful. Enver Solomon of the Refugee Council has called the policy“wrong in principle and unworkable in practice”,and I am certain that this will go to appeal as charities and those involved in the issue have stated. SNP Members will never get behind this policy—not in our name—and I remind Members that slavery, apartheid and marital rape were all lawful at one time, but none of them were right.The Court found that the Home Office had failed to consider properly the circumstances of the eight who challenged the policy. How exactly does the Home Secretary intend to approach such cases now, and what will happen to those eight individuals? What happens to those who have already been issued with notices of intent, and what confidence can they have in a system that previously did not properly consider the cases of eight people?The Home Secretary claims that this will be a deterrent. The Tories also claimed that the hostile environment would be a deterrent and that the Nationality and Borders Act 2022 would be a deterrent. Now they claim the Rwanda policy will be a deterrent. None of them is working because they fail to recognise the desperate circumstances that drive people to come here in the first place. Safe and legal routes will work and prevent people from losing their lives in the channel.The Home Secretary talked about the trade in human cargo. We all want to tackle the people smugglers who exploit people in the most vulnerable of circumstances. However, what else is the Rwanda policy but state-sponsored people trafficking? How many people are actually going to be removed to Rwanda? It is going to be a tiny proportion, so any deterrent effect that the Government claim is not going to be proper. What is the total cost of this unworkable scheme? How much money has been spent on it already? How much has gone on the legal case? How much of it would have been better spent dealing with the catastrophic backlog of cases that the Tories have created?
- I am afraid that the hon. Lady’s ideological zeal is blinding and preventing her from taking a rational approach. I am proud of the fact that we have welcomed 450,000 people through safe and legal routes to this country since 2015. I do not think that anyone can claim that we are not forward-leaning on all of this. She and her party need to be honest about their position with the British people: they stand for open borders and uncontrolled migration.
- Parliament has legislated, our courts have ruled. We are apparently stopped by a Russian judge, woken from a bar, to issue an injunction. Can this stand?
- As always, my right hon. Friend makes a powerful point. Neither the Prime Minister nor I are deterred from delivering on this policy, which is an essential part of our wider plans to break the business model to stop illegal migration. We have a legitimate basis for it. It has been upheld after being rigorously tested in our courts. We will continue to move quickly to honour the will of the British people.
- The Home Secretary says that Britain has a proud tradition of supporting asylum seekers. That is true in part, but it is not true under her tenure. She is pursuing a vile policy, which is brutal towards the individuals concerned, and continually tells us that it is illegal to seek asylum. It is not; it is clearly there in all international conventions. Will she for once have a sense of humanity towards people who are desperate and victims of wars, environmental change and human rights abuse—and exploited to boot? Cannot she just hold out a hand of friendship and understanding towards these desperate people, rather than the brutal assertion that she is making?
- The right hon. Gentleman talks regularly about safe and legal routes being a means to an end of illegal arrivals. The reality is that our safe and legal routes have already allowed 450,000 people to come here since 2015, with 300,000 in the last year alone—the highest number that we have seen in several decades. However, that needs to happen in conjunction with deterrent policies if they are to have any effect and if we are to stop the practice of people taking lethal and unlawful journeys across the channel, jumping the queue, undermining the British people’s generosity and breaking the law.
- While the judgment is welcome, it will not solve the problem not just because of the relatively few numbers that can be deported to Rwanda but because each case must be fought individually, and human rights lawyers will fight every single case individually. That is the problem. Surely the only serious way in which we can deter migration across the channel is by having the legal right not just to process people when they arrive on our shores but to arrest them and detain them until their asylum application is dealt with. Does anything in the refugee convention stop us doing that? If not, why are we not doing it? If the Human Rights Act stops us doing it, can we not apply for a notwithstanding clause in our new legislation to deal with that problem?
- This is exactly why the Prime Minister made an announcement last week, and the Immigration Minister and I are working intensively to prepare legislation, which will be introduced next year. It will deliver a scheme along the lines my right hon. Friend describes, whereby if you come here irregularly or illegally—on a small boat, putting yourself and others at risk—you will be detained and swiftly removed to a safe third country or to Rwanda for your asylum claim to be processed.
- In her statement, the Home Secretary confirmed that the permanent secretary at the Home Office had concerns about the cost and that she overruled him. We have spent £140 million so far and not a single individual has been removed. When the hon. Member for Corby (Tom Pursglove) was Immigration Minister, he said that the average cost of removing people would be £12,000—something that was not based on any fact. If she is so confident about the scheme that she took a decision to overrule the permanent secretary, will she not today publish all the costs of the scheme, so we can all take a view on whether it is a good use of taxpayers’ money, or whether it is simply a way of fulfilling one of her weird dreams?
- The right hon. Gentleman needs to get his facts right because actually the agreement was struck between my predecessor, my right hon. Friend the Member for Witham, and the Rwandan Government. But I support the work she did and the achievement she struck. The agreement represents a long-term policy. It is expected to last for at least five years, and the costs and payments will depend on the number of people relocated, when that happens and the outcomes of the individual cases. Of course, we have been held up by litigation. Once the litigation process comes to an end, we will move quickly to deliver that and deliver value for money.