To ask Her Majesty’s Government why the UK-Rwanda asylum partnership arrangement was concluded by a Memorandum of Understanding and was not therefore subject to parliamentary scrutiny requirements under the Constitutional Reform and Governance Act 2010.
My Lords, the UK has entered into a memorandum of understanding with Rwanda, which has now been published on GOV.UK, for the provision of an asylum partnership arrangement and to address the shared challenge of illegal migration. The duty to lay before Parliament under the Constitutional Reform and Governance Act 2010 applies only to treaties. However, the safety, security and dignity of and respect for those relocated is assured through the agreement and will be subject to monitoring. We comply fully with our legal and international obligations.
The agreement will not be a treaty and it will not be enforceable. Given that the deal would end the Government’s legal obligation to certain refugee claimants and therefore reduce their rights, surely such a significant international agreement should be disclosed, debated and agreed by Parliament. Why have the Government tried to slip this agreement out as a memorandum of understanding, hindering Parliament’s ability to scrutinise it adequately? Does the Minister accept that important MoUs such as this with Rwanda that affect human rights should be routinely disclosed and debated by Parliament under the terms of the Ponsonby rule?
My Lords, as your Lordships’ House does, there will be ample opportunity to discuss the aspects of this agreement. It complies with our international and other obligations. There will be ongoing monitoring of the agreement, and there is nothing in the United Nations refugee convention that prevents this happening.
Does my noble friend confirm that, in the face of legal challenge, the Government have withdrawn their turnabout policies? Does this not suggest that the legal advice from the Home Office that the Rwanda policy accords with our international obligations should be treated with a degree of caution?
My Lords, this provision has been in place since 1999. I do not know if it has been challenged before, but it is certainly a long-standing provision that we think meets our international obligations.
My Lords, the Government have clauses in the Nationality and Borders Bill to enable offshoring, which this House continues to oppose. If this legislation is necessary, why have the Government signed a memorandum with Rwanda before Parliament has approved it? If it is not necessary, why did the Government put it in the Bill in the first place?
I think I have explained the provisions in the Bill. They are underpinned by legislation going back over 20 years but, as I explained to the House during the passage of the Bill, it is the certification process that is now in play in the Bill.
If, as they say, the Government see the need for new and innovative means of dealing with the migration crisis now, did they have any contact with any of the other signatories to the refugee convention about these new and innovative methods before taking action on their own?
No, absolutely not. This Bill has been going through both Houses of Parliament for some time. I am sure that noble Lords have observed that people are dying at sea because of the actions of criminals facilitating journeys to the UK.
My Lords, are the Government accountable to Parliament or not? If they are, why should an issue as important as this, the deporting of asylum seekers to a third country, not be subject to an affirmative vote in each House of Parliament?
My Lords, I am just going on what has been the convention over many years. Usually, the CRaG Act process that the noble Baroness, Lady Hayter, talked about is for treaties.