Safety of Rwanda (Asylum and Immigration) Bill

I beg to move, That the Bill be now read the Third time.

I of course echo the tributes to Sir Tony.

The Prime Minister, the Government and I have been clear that we will do whatever it takes to stop the boats, and we have of course been making progress on that pledge, reducing small boat arrivals by over a third last year, but to stop the boats completely and to stop them for good we need to deter people from making these dangerous journeys—from risking their lives and from lining the pockets of evil, criminal people-smuggling gangs.

The new legally binding treaty with the Government of the Republic of Rwanda responds directly to the Supreme Court’s concerns, reflecting the strength of the Government of Rwanda’s protections and commitments. This Bill sends an unambiguously clear message that if you enter the United Kingdom illegally, you cannot stay. This Bill has been meticulously drafted to end the merry-go-round of legal challenges; people will not be able to use our asylum laws, human rights laws or judicial reviews to block their legitimate removal. And the default will be for claims to be heard outside of this country. Only a very small number of migrants who face a real and imminent risk of serious and irreversible harm will be able to appeal decisions in the UK.

As things stand, can the Home Secretary confirm that if this Bill receives Royal Assent it will not breach international law; yes or no?

My right hon. Friend raises an important point and it gives me an opportunity to be unambiguous and clear. As drafted, as we intend this Bill to progress, it will be in complete compliance with international law. The UK takes international law seriously and the countries we choose to partner with internationally also take international law seriously.

The previous intervention was extremely apposite. Will the Foreign Secretary be kind enough to give me the advice as to why he said what he just did about no breaches of international law?

My hon. Friend will know that the Government do not make their legal advice public. We have put forward, of course, an explanation of our position but I am absolutely confident that we will maintain our long-standing tradition of being a country that not just abides by international law but champions and defends it.

Under our new legislation migrants will not be able to frustrate the decision to remove them to Rwanda by bringing systemic challenges about the general safety of Rwanda.

Can the Home Secretary assure us that if this Bill is passed tonight there will be a system in place that accurately tests its success, month by month and week by week, so that we know that all this anger, all this frustration, all this work is not for nothing?

The hon. Gentleman certainly speaks for a number of Members in the House, although maybe not too many on his own Benches, because it sounds as if he wants this to work, whereas plenty of Opposition Members have tried to frustrate our attempts to deal with illegal migration. But we will of course want to assess the success because we want to be proud of the fact that this Government, unlike the Opposition parties, actually care about strengthening our borders and defending ourselves against those evil people smugglers and their evil trade.

To be clear, we will disapply the avenues used by individuals that blocked the first flight to Rwanda, including asylum and human rights claims. Without that very narrow route to individual challenge, we would undermine the treaty that we have just signed with Rwanda and run the very serious risk of collapsing the scheme, and that must not be allowed to happen. But if people attempt to use this route simply as a delaying tactic, they will have their claim dismissed by the Home Office and they will be removed.

The Bill also ensures that it is for Ministers and Ministers alone to decide whether to comply with the ECHR interim measures, because it is for the British people and the British people alone to decide who comes and who stays in this country. The Prime Minister said he would not have included that clause unless we were intending and prepared to use it, and that is very much the case. We will not let foreign courts prevent us from managing our own borders. As reiterated by the Cabinet Office today, it is the established case that civil servants under the civil service code are there to deliver the decisions of Ministers of the Crown.

The Bill is key to stopping the boats once and for all. To reassure some of the people who have approached me with concerns, I remind them that Albanians previously made up around a third of small boat arrivals, but through working intensively and closely with Albania and its Government, more than 5,000 people with no right to be here have been returned. The deterrent was powerful enough to drive down arrivals from Albania by more than 90%. Strasbourg has not intervened, flights from Rwanda have not been stopped and the House should understand that this legislation once passed will go even further and be even stronger than the legislation that underpins the Albania agreement.

We obviously support the Albania agreement, but will the Home Secretary confirm that only 5% of Albanians who have arrived in the country over the past few years on small boats have been returned or removed? What has happened to the other 95%?

As I have said, it is about deterrence, and the deterrent effect is clear for anyone to see, with a more than 90% reduction in the number of Albanians who have arrived on these shores.

I am glad that the shadow Home Secretary chose this point to intervene, because it reminds me that the Labour party has no credible plans at all to manage our borders. The Opposition have tried to obstruct our plans to tackle illegal migration over and over again—more than 80 times. They even want to cut a deal with the EU that would see us receive 100,000 extra illegal migrants each and every year. [Interruption.] They cheer. The shadow Home Secretary is pleased with the idea that we are going to receive an extra 100,000 every year. They can laugh, but we take this issue seriously, because it is not what our country needs and it is not what our constituents want.

We are united in agreement that stopping the boats and getting the Rwanda partnership up and running is of the utmost importance. Having a debate about how to get the policy right is of course what this House is for. That is our collective job, and I respect my good friends and colleagues on the Government Benches for putting forward amendments in good faith to do what they believe will strengthen the Bill. While my party sits only a short physical distance from the parties on the Opposition Benches, the gulf between our aspiration to control our borders and their blasé laissez-faire attitude to border control could not be more stark. Stopping the boats is not just a question of policy; it is a question of morality and of fairness. It is this Government—this Conservative party—who are the only party in this House taking this issue as seriously as we should. I urge this House to stick with our plan and stop the boats.

May I first add my tributes to Tony Lloyd? He did such wonderful work in policing, as well as in this place.

What a farce. Today and yesterday have been more days of Tory chaos and carnage. We have a Prime Minister with no grip, while the British taxpayer is continually forced to pay the price. Former Tory Cabinet Ministers and deputy chairs from all sides have been queueing up to tell us it is a bad Bill. They say it will not work, it will not protect our borders, it will not comply with international law and it is fatally flawed. The only thing that the Tories all seem to agree on is that the scheme is failing and the law will not solve it. The Prime Minister is failing, too, and they know it.

We have a failing Rwanda scheme that is costing Britain £400 million, that sent more Home Secretaries than asylum seekers to Kigali and that will only apply to less than 1% of those arriving in the UK. This is the third Tory law on channel crossings in two years. It will get through tonight, just like the previous two Bills did—even though they failed. Just like the last two, it is a total con on the British people. This chaos leaves the Prime Minister’s authority in tatters. He is in office but not in power. No one agrees with him on his policy, and the real weakness is that he does not even agree with it himself. The Prime Minister is so weak that he has lost control of the asylum system, lost control of our borders and lost any control of the Tory party.

Sixty Tory MPs have voted against the Government, two deputy chairs were sacked, a Home Secretary and Immigration Minister have formerly been lost, and Cabinet Ministers have been briefing openly that they do not support the Bill. The Home Secretary himself thinks it is “batshit”, the Prime Minister tried to cancel it and yet is so weak that they are still going ahead.

Under the Tories, we have seen border security weakened while criminal gangs take hold, because they have not taken the action that we need. The backlogs soar; the budget bust. Criminal smuggler convictions have dropped by 30%, and returns have halved. That is instead of the practical plans that Labour set out to set up the new returns and enforcement unit to stop the Home Office from just losing thousands of people that it cannot keep track of, to stop the halving of the returns unit, to set up the new security powers to go after the criminal gangs and stop the 30% drop in criminal gang smuggler convictions, and to have the additional cross-border police unit that we could be investing in if we were not spending so much money on this failing Rwanda scheme.

The Prime Minister did also lose his Immigration Minister as part of the chaos of the last few weeks and months—I give way to the former Immigration Minister.

If the shadow Home Secretary does not like the Rwanda policy, why did she brief The Times over the Christmas holidays that she was in favour of an offshore processing scheme, which everyone knows is more expensive than a scheme like Rwanda and has far less deterrent effect? It seems that everything she does not like is her plan, except she did not have the guts to put her name to it, so she briefed The Times anonymously.

Nice try with total nonsense from the former Immigration Minister, who has a history of making things up. It is not clear that there is anything on the planet more expensive per person than the Government’s Rwanda scheme: £400 million to send nobody to Rwanda and to totally fail. I give the former Immigration Minister credit for exposing the Government and the Prime Minister’s real plan—in his words, to try and get a few “symbolic flights” off before a general election, with a small number of people on them.

Not to worry about handing over a small fortune to another country, or the fact that all this focus on one small, failing scheme means that the Government are failing to go after the gangs. They have lost thousands of people the Home Office should be tracking. Not to worry that this new law is so badly drawn up that, frankly, the Government may be ordered by the courts to bring people back, at further huge cost to the British taxpayer, turning the whole thing into an even bigger farce.

This is not a workable policy; it is a massive, costly con. The Government are trying to con voters and con their own party, but everyone can see through it. A £400 million Rwanda scheme for a few hundred people is like the emperor’s new clothes. The Prime Minister and his Immigration Ministers have been desperately spinning the invisible thread, but we can all see through it. The Home Secretary is wandering naked around this Chamber, waving a little treaty as a fig leaf to hide his modesty behind. I admit, he does not have much modesty to hide.

There are things that the Home Secretary and I agree on. We agree on working with France. We agree on the deal with Albania. We agree on the importance of stopping dangerous boat crossings that are undermining border security and putting lives at risk. I think he probably agrees with us about the failings of the policy he is trying to defend today. We need stronger border security and a properly controlled and managed asylum system so that the UK does its bit to help those fleeing persecution and conflict, and those who have no right to be here are returned. We need Labour’s plan for the new security powers, the new cross-border police, the new security agreement, the new returns and enforcement unit, the clearing of the backlog, the ending of hotel use, and keeping track of the thousands of people the Home Secretary has lost.