My Lords, I shall now repeat a Statement made in another place. The Statement is as follows:
“With permission, Mr Speaker, I would like to make a Statement about the UK’s migration and economic development partnership with Rwanda.
This Government fundamentally believe that it is only by removing the incentive for people to take dangerous and unnecessary journeys that we will stop the boats and end the vicious cycle of people smuggling on to UK shores. That is why my right honourable friend the Member for Witham signed our ground-breaking migration and economic development partnership with Rwanda in April last year. That agreement allows individuals who arrive in the UK through dangerous, unnecessary and illegal routes to be relocated to Rwanda for the consideration of their asylum claims and to build a new life there.
I visited Kigali in March, meeting with Rwanda’s President and Foreign Minister and signing an update to our memorandum of understanding that would bring it in line with our Illegal Migration Bill. Rwanda has reiterated its commitment and capacity to receive thousands of individuals, process their claims and provide them with excellent care before they are transitioned to longer-term accommodation, with all the necessary support and services.
That is why, under the terms of that agreement, we attempted our first relocation flight to Rwanda—to demonstrate that if you come here illegally, you will be removed to a safe third country for your claim to be processed. We did so under a far-reaching and innovative agreement with Rwanda, a country where the UNHCR itself operates an emergency transit scheme for migrants from Libya and with which we have a robust agreement to protect asylum seekers from risk of harm. That first relocation flight was unfortunately frustrated by last-minute measures from the European Court of Human Rights in Strasbourg, which had the effect of pausing flights while our domestic legal proceedings are ongoing.
In December, the High Court comprehensively upheld the lawfulness of the partnership, confirming that Rwanda was a safe country. That judgment was appealed to the Court of Appeal, which heard the appeal in April and handed down its judgment earlier today. I respect the court and welcome the fact that it unanimously found in the Government’s favour on the vast majority of the appeals brought against the policy.
Unanimously, the Court of Appeal confirmed that removing asylum seekers to a safe country is entirely consistent with the refugee convention, including Article 31. Indeed, the court found that it is lawful in principle for the Government to relocate people who come to the UK illegally to a safe third country; that the Government can designate countries as safe; and that our processes for determining eligibility for relocation were fair.
Unfortunately, two of the judges were of the view that there were deficiencies in the Rwandan asylum system that risked there being a breach of Article 3 of the ECHR. Importantly, their concerns were not that conditions for individuals while in Rwanda would be unsafe but that there was a possibility that they could be returned to other countries from Rwanda where they may suffer ill-treatment. It is therefore simply incorrect to say that the court has found that conditions in Rwanda make it unsafe for individuals there. The Court of Appeal has merely ruled that there is a risk of refoulement from Rwanda to other countries.
The Lord Chief Justice took a different view. Agreeing with the High Court, he held that there was no real risk of individuals being sent to unsafe countries. He cited the strong assurances given by the Rwandan Government, the fact that Rwanda does not have returns agreements with those countries and the powerful protections provided by monitoring arrangements that would be in place.
The result is that the High Court’s decision that Rwanda was a safe third country for the purposes of asylum relocation is reversed. We have a strong relationship with Rwanda and both sides remain committed to the policy. Rwanda is a signatory to the United Nations conventions and has a strong track record of supporting refugees—including for the UNHCR.
This is a disappointing judgment, and we will seek permission to appeal it. We hope that the process can be swift. I am glad that the Court of Appeal has recognised, in paragraph 16 of its summary of the judgment, that it is important that consideration of this should be timely. It is a disappointing judgment for the majority of the British public that has repeatedly voted for controlled migration; and for all those who want to see us deliver on our moral and democratic imperative to stop the boats.
I am sure that all Members of this House would agree that the British public are compassionate, reasonable and fair minded. Since 2015, they have welcomed half a million people in need from all over the world via our global safe and legal routes, as well as via our country-specific routes encompassing Ukraine, Hong Kong, Afghanistan and Syria.
But they are not naive. While our compassion to help people may be infinite, the public understand that our capacity to do so is finite and therefore precious. The British people will no longer indulge the polite fiction that we have a duty or infinite capacity to support everyone in the world who is fleeing persecution, nor anyone who would simply like to come here to improve their lot and succeeds in making it to our shores.
That abuse is unfair on local communities forced to absorb thousands of illegal arrivals and the pressure on public services and social cohesion that this entails. It is unfair on taxpayers who foot the hotel bill currently running to £6 million a day—that could rise to £32 million a day by 2026—for people who have broken into this country. It is unfair on those who play by the rules and who want to see an asylum system that is fit for purpose that our current system is exploited and turned against us by those with no right to be in the UK to thwart their removal. It is unfair on those most in need of protection—in particular women, children and those without the money to pay people smugglers—that our asylum system is overwhelmed by fit young men who have paid criminals thousands of pounds to smuggle them into the UK. It is unfair on people and our partners in the developing world that we in the West continue to maintain an asylum system so open to abuse that it incentivises mass flows of economic migration into Europe, lining the pockets of people smugglers and turning our seas into graveyards, all in the name of a phony humanitarianism.
This is madness. It must end. That is why we on this side of the House are committed to doing whatever it takes to stop the boats. The Government remain resolute that we will do exactly that, in partnership with Rwanda, and through changes to our law. That is the only way we will break the business model of the people smugglers, save lives and stop the boats. I commend this Statement to the House.”