Safety of Rwanda (Asylum and Immigration) Bill – Committee of the Whole House Day 2

On Wednesday the 17 January 2024, there was a further debate on Safety of Rwanda (Asylum and Immigration) Bill and  the Third Reading of the Bill: 

Safety of Rwanda: Clause 3 stand part: I voted No and the result was: Ayes: 339 and Noes: 264
Disapplication of the Human Rights Act 1998

Safety of Rwanda: Amendment 23: I voted No and the result was: Ayes: 65 and Noes: 536
“(2A) The interim measure is not binding on the United Kingdom, and will have no effect on any provision made by or by virtue of this Act or the Illegal Migration Act 2023, and shall not prevent or delay the removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.”.
This ensures that the default position is that Rule 39 indications are not treated as binding on the United Kingdom and will not prevent removals to Rwanda, but to provide an optional discretion to Ministers.

Safety of Rwanda: Clauses 5, 6, 7 and 8 stand part: I voted No and the result was: Ayes: 340 and Noes: 263
Clauses 5 and 6 stand part.
Amendment 58, in clause 7, page 6, leave out line 18 and insert—
““safe country”—
(a) means a country to which persons may be removed from the United Kingdom in compliance with all of the United Kingdom’s obligations under international law, and
(b) includes, in particular, a country—
(i) from which a person removed to that country will not be removed or sent to another country in contravention of any international law, and
(ii) in which any person who is seeking asylum or who has had an asylum determination will both have their claim determined and be treated in accordance with that country’s obligation under international law.”.
This amendment is consequential on the removal of Clause 1 and restores to the Bill a different clarification of the meaning of “safe country” for the purposes of the Bill.

Clause 7 stand part.
Amendment 4, in clause 8, page 6, line 23, leave out “Scotland”.
The intention of this amendment is to prevent the Bill affecting the law in Scotland.
Amendment 5, page 6, line 25, after “within” insert “the rest of”.
The intention of this amendment is to ensure that any amendment made by any Act resulting from this Bill would affect only the rest of the UK, and not Scotland (see Amendment 4).
Amendment 32, page 6, line 25, leave out “the United Kingdom” and insert
“England and Wales and Northern Ireland.”.
This amendment is linked to Amendment 4 and is intended to remove the application of this Bill to Scotland.

Clause 8 stand part.
Amendment 53, in clause 9, page 6, line 38, leave out from “Act” to end of line 39 and insert
“shall only come into force only when each House of Parliament has come to Resolution on the following motion tabled by a Minister of the Crown: That the Agreement, done at Kigali on 5 December 2023, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the Provision of an Asylum Partnership Agreement to Strengthen Shared International Commitments on the Protection of Refugees and Migrants (CP 994), a copy of which was laid before Parliament on 6 December 2023, should not be ratified.”.
This amendment aims to remove the treaty section from the bill and ensure there’s a separate debate on the matter.

“, or the day on which a full economic impact assessment for the bill is published including any financial memorandum signed between Rwanda and the UK relating to the Rwanda Treaty, whichever is later”.

Safety of Rwanda: Amendment 36: I voted Aye and the result was: Ayes: 263 and Noes: 339
“, or the day on which a full economic impact assessment for the bill is published including any financial memorandum signed between Rwanda and the UK relating to the Rwanda Treaty, whichever is later”.

This amendment requires the publication of a full impact assessment on the costs involved in removals to Rwanda under the bill, including per-person removal costs and the confidential financial memorandum signed between the two countries, in advance of the Bill entering into force.

Safety of Rwanda: Clauses 9 and 10 stand part: I voted No and the result was: Ayes: 340 and Noes: 264
New clause 2—Monitoring and enforcement of conditions (No. 2)—

“(1) If the conditions of subsection (2) are met, then no provision of this Act shall have effect until such as time as each House of Parliament has passed a motion agreeing that the Act remain in effect.
(2) The conditions of this subsection are that the Monitoring Committee has—
(a) published a report noting that any provision of the UK-Rwanda treaty is not being adhered to by either party,
(b) published a report noting that the conditions under which asylum seekers are being held in Rwanda are materially different to those in place at the point where the UK-Rwanda treaty was signed, or
(c) published a report in the last six months confirming that neither (2)(a) or (2)(b) have in their view been necessary.
(3) For the purposes of this section, the Monitoring Committee refers to the Committee established by Article 15 of the UK-Rwanda treaty: provision of an asylum partnership.”.

Safety of Rwanda: New Clause 8: I voted Aye and the result was: Ayes: 264 and Noes: 338
Return of individuals due to serious criminal offences—

“(1) A Minister of the Crown must lay a statement before Parliament within 40 days if both of the following conditions are met—
(a) the Secretary of State has approved a request from the Republic of Rwanda to return to the UK a person previously relocated under the terms of the Rwanda Treaty,
(b) the person specified in (a) had their permission to remain in the Republic of Rwanda revoked owing to the person’s participation in serious crime.
(2) If Parliament is notified of the conditions being met as set out in section (1),—
(a) a motion must be moved by a Minister of the Crown to be debated on the floor of the House of Commons, and
(b) the motion must require the House to—
(i) consider the statement laid before Parliament under section (1), and
(ii) consider whether or not as a result of the contents of the statement, there should be a suspension of the Rwanda Treaty.
(3) For the purposes of this section—

“the Rwanda Treaty” means the agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the provision of an asylum partnership to strengthen shared international commitments on the protection of refugees and migrants, signed at Kigali on 5 December 2023;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”.

Safety of Rwanda: Third reading: I voted No and the result was: Ayes: 320 and Noes: 276