On a point of order, Mr Speaker. Further to the question asked by the hon. Member for Glasgow South West (Chris Stephens) and the announcement this morning by Sir Brian Langstaff that the infected blood inquiry report is now scheduled for publication in May, the hon. Member raised what Sir Brian said very clearly this morning. Sir Brian made the following recommendation in April 2023:

“My principal recommendation remains that a compensation scheme should be set up with urgency.”

The Prime Minister did not respond to what Sir Brian said this morning. I wondered, Mr Speaker, whether you had had any indication that there would be a statement from the Cabinet Office to set out what it will do about complying with the recommendations made by Sir Brian?

This is a very important issue and the right hon. Lady has campaigned all the way through to ensure that people recognise the suffering that has taken place and the tragedies in families. I am not responsible for the Prime Minister’s answer and I have been given no notice that a statement is forthcoming. What I know, however, is that I can rest assured that the right hon. Lady will not stop at the question she has just asked, but will pursue it through other avenues to ensure that it is answered.

Bill Presented

Outdoor Education Bill

Presentation and First Reading (Standing Order No. 57)

Tim Farron presented a Bill to require that every child be offered at least one outdoor education experience during primary school years and at least one such experience during secondary school years; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 June, and to be printed (Bill 147).

I beg to move,

That leave be given to bring in a Bill to establish the right to breathe clean air; to require the Secretary of State to achieve and maintain clean air in England; to involve the UK Health Security Agency in setting and reviewing pollutants and their limits; to enhance the powers, duties and functions of various agencies and authorities in relation to air pollution; to establish the Citizens’ Commission for Clean Air with powers to institute or intervene in legal proceedings; to require the Secretary of State and the relevant national authorities to apply environmental principles in carrying out their duties under this Act and the clean air enactments; and for connected purposes.

In 2013, the life of nine-year-old Ella Roberta Adoo-Kissi-Debrah was tragically cut short when she suffered a fatal asthma attack. Ella lived close to the heavily congested south circular in Lewisham, and, following an inquest in 2020, became the first person to have air pollution listed on her death certificate, with the coroner, Philip Barlow, concluding that Ella:

“Died of asthma contributed to by exposure to excessive air pollution.”

Next week would have been Ella’s 20th birthday, and I know that all our thoughts will be with her family at this time. I want to pay tribute to Ella’s mum Rosamund, who is in the Public Gallery today, for her incredible campaigning on air pollution, and to express my personal thanks to her for allowing this Bill to be called “Ella’s law” in memory of her daughter. It is an honour to be able to present it to the House today.

This Bill is needed because, to put it simply, the state of our filthy air is a public health emergency. Air pollution is associated with conditions such as asthma, heart disease and cancer, and has been shown to have an impact on our mental health too, leading to an increased risk of schizophrenia, depression and anxiety. Its impacts are not equally felt, however, with those on low incomes and from black and ethnic minority backgrounds far more likely to live in polluted areas. It is children’s health that is affected most of all. A study published just last week by the University of Dundee revealed an increase in the number of under-16s admitted to hospital for respiratory problems following periods of high air pollution, while a 2019 study conducted by King’s College London showed that living within 50 metres of a busy road could stunt children’s lung growth by up to 14%. Let me put that in context: it is estimated that in London a third of the population—about 3 million people—live near a busy road.

It is therefore profoundly shocking, but perhaps not entirely surprising, that the UK has one of the highest rates of asthmatic children across Europe, with one in 11 young people living with asthma. It has been calculated that cleaner air could prevent up to 43,000 avoidable deaths in the UK each year, and it could save the public purse billions as well. Estimates of the public cost of air pollution total as much as £20 billion each year, including the cost of the impact on social care and on our crumbling NHS. It could not be more urgent for the Government to take action to clean up our air and protect lives, both now and in the future, could not be more urgent, but, although their current approach is vastly insufficient, Ministers remain bullish in defending their efforts. Indeed, last year the Prime Minister himself told me:

“We are confident that the measures we are putting in place are not only legally binding but world leading in tackling air quality.”

He went on to say that the Environment Act 2021 provided

“the capability, accountability and ambition”

needed

“to make all the effective interventions to drive down air pollution.”—[Official Report, 1 February 2023; Vol. 727, c. 338.]

The reality is, however, that the Environment Act did very little to help deliver clean air, and it is certainly not “world leading”. The environmental target that did get made under it—to reduce levels of PM_2.5 to 10 micrograms per cubic metre—falls short of the new World Health Organisation guideline of 5 micrograms per cubic metre, and could certainly be achieved far earlier than the Government’s target date of 2040. Indeed, when Professor Frank Kelly of Imperial College London, an adviser to the World Health Organisation on health and pollution, recently gave evidence to the Environmental Audit Committee, he stated very clearly:

“Our studies showed that 99.8% of the UK could achieve a figure of 10 micrograms per metre cubed by 2030 and the 0.2% that could not were certain hotspots in London, which again if you took extra measures on you could probably eliminate those as well.”

Professor Sir Stephen Holgate from the University of Southampton, a special adviser on air quality to the Royal College of Physicians, subsequently wrote to the Committee to confirm that such a change would result in about 20 fewer infant deaths each year—20 fewer lives lost, and 20 families saved from unimaginable heartache.

Given that the Mayor of London has already committed himself to delivering on this more ambitious target, and given such significant benefits, it is incumbent on Ministers to explain why the current legal limit remains so unambitious. They must also set out, as a matter of urgency, how they will meet the new WHO guidelines, which have halved the limit for PM_2.5 to 5 micrograms per cubic metre in response to the marked increase in evidence showing how air pollution affects different aspects of our health. In the words of the chief medical officer, Professor Chris Whitty,

“We can and should go further—and it is technically possible to do so.”

The Clean Air (Human Rights) Bill, or Ella’s law, would set out an entirely new approach to delivering clean air in England. It would enshrine the human right to clean air precisely and explicitly in English law, thereby transforming decision making by public authorities by requiring them to consider clean air alongside other rights under the Human Rights Act. It would be a step towards incorporating the 2022 resolution adopted by the UN General Assembly, which recognises the human right to a clean, healthy and sustainable environment. It follows a “one air” approach that encompasses the health and environmental impacts of air pollution and greenhouse gases, and it would set standards based on advice from the Climate Change Committee and on the WHO’s new air quality guidelines and require the Secretary of State to achieve clean air within five years, with the possibility of postponement for up to a further five years per pollutant, subject to strict conditions. The Environment Agency and the Climate Change Committee would be required to review the pollutants and the limits annually and advise the Secretary of State if they needed tightening.

The Bill also covers air pollution, both outdoors and indoors, in public spaces, and where health and safety standards apply. The tragic death of two-year-old Awaab Ishak, brought on by “extensive” mould in his family’s flat, shone a spotlight on the significance of indoor air pollution. While I welcome the prompt action taken by the Secretary of State for Levelling Up in bringing forward Awaab’s law—a law that should now, frankly, also be applied to the private rented sector through the Renters (Reform) Bill—it is clear that legislation to address indoor air pollution must extend beyond the home too, especially since on average we spend around 80% of our lives indoors, whether for work, study or leisure. Finally, in order to ensure independent scrutiny and continuous improvement, the Bill would establish a citizens commission for clean air, which would review annually the Secretary of State’s compliance with the provisions of the Bill and advise the Secretary of State where improvement was needed.

This Bill has already undergone significant scrutiny in the other place, after my noble Friend and Green party peer, Baroness Jones of Moulsecoomb, topped the private Member’s Bill ballot in the previous parliamentary Session. It has already been extensively debated, amended and improved and it received cross-party support, including from Lord Randall of Uxbridge, a former environment adviser to the right hon. Member for Maidenhead (Mrs May) when she was Prime Minister. He said:

“We have waited too long for proper clean air legislation…I urge the Minister to take this back and say that it is a golden opportunity to do something really wonderful. The Government could take pride in being part of a world-beating Bill”.—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1133.]

He was absolutely right. By taking up Ella’s law, the Government have a real opportunity to genuinely lead the world in tackling this pressing public health emergency, and I urge them to take it.

Question put and agreed to.

Ordered,

That Caroline Lucas, Mr Barry Sheerman, Layla Moran, Ian Byrne, Dan Carden and Munira Wilson present the Bill.

Caroline Lucas accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 14 June, and to be printed (Bill 145).

I remind Members that in Committee they should not address the Chair as Deputy Speaker. Please use our names when addressing the Chair. Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable.

Clause 3

Disapplication of the Human Rights Act 1998

I beg to move amendment 11, page 3, line 21, after “Act” insert

“, and of the Illegal Migration Act 2023 insofar as they relate to the removal of persons to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

With this it will be convenient to discuss the following:

Amendment 12, page 3, line 22, after “disapplied” insert

“, in relation to both of those Acts in relation to the removal of a person to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 13, page 3, line 25, after “legislation),” insert—

“(ba) sections 4 (declaration of incompatibility) and 10 (power to take remedial action),”

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 14, page 3, line 27, leave out from “apply” to end of line 29 and insert

“in relation into provision made by or by virtue of this Act, the Illegal Migration Act 2023 and the Immigration Acts in relation to the removal of a person to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 15, page 3, line 30, at end insert

“, the Illegal Migration Act 2023 or the Immigration Acts”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 16, page 3, line 30, at end insert—

“(4A) Sections 4 and 10 do not apply in relation to provision made by or by virtue of this Act, the Illegal Migration Act 2023, or the Immigration Acts.”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 17, page 3, line 32, leave out paragraphs (a) to (c) and insert

“provision made in relation to the removal or proposed removal to Rwanda by or by virtue of this Act or the Illegal Migration Act 2023.”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 18, page 4, line 6, at end insert—

“(5A) This section applies only in relation to the removal or proposed removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.”.

This and other amendments to Clause 3 are intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA. The Immigration Acts are listed in section 61(4) of the UK Borders Act 2007, as amended.

Clause 3 stand part.

Amendment 7, in clause 5, page 5, line 12, leave out subsection (2).

This amendment would omit the provision that only a Minister of the Crown can decide whether the United Kingdom will comply with interim measures of the European Court of Human Rights.

Amendment 23, page 5, line 13, leave out subsection (2) and insert—

“(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.

Amendment 8, page 5, line 15, leave out subsection (3).

This amendment would remove the requirement that a court or tribunal must not have regard to the interim measure when considering any application or appeal which relates to a decision to remove the person to the Republic of Rwanda.

Amendment 51, page 5, line 15, leave out “not”.

This amendment would require court or tribunal to have regard to an interim measure of the European Court of Human Rights.

Amendment 24, page 5, line 19, leave out subsection (4) and insert—

“(4A) A Minister of the Crown, acting in person, may (but need not) determine that the duty to remove in section 2(1) of the Illegal Migration Act 2023 is not to apply in relation to a person to whom this section applies.”.

This amendment is linked to Amendment 23.

Amendment 52, page 5, line 22, leave out paragraph (b).

This amendment removes the definition in relation to Clause 5 of “Minister of the Crown” as a Minister of the Crown acting in person.

Amendment 38, page 5, line 23, after “person” insert

“in consultation with the Attorney General.”.

Explanatory note: This amendment ensures a Minister of the Crown making a decision on compliance with an interim injunction consults with the Attorney General.

Amendment 9, page 5, line 23, at end insert—

“(5) The Government must, within three months of this Act receiving Royal Assent, lay before Parliament a copy of a report setting out how this clause is compatible with Section 7A of the European Withdrawal Act and the UK’s obligations to citizens under the Good Friday Agreement.

(6) Within three sitting days of a report being laid under subsection (5) the Government must move in each House an amendable motion that that House has considered and approved the report which has been laid.

(7) Subsections (2) and (3) do not come into force until such as time as both Houses have passed motions under subsection (6) approving reports laid under subsection (5).”.

Amendment 25, page 5, line 23, at the end insert—

“(5) Section 55 of the Illegal Migration Act 2023 is amended as follows.

(6) In subsection (6) —

(a) omit “Where a Minister of the Crown does not make a determination under subsection (2)”, and

(b) after “applies” insert “in relation to the removal or proposed removal of a person to Rwanda”.

(7) For subsection (9) substitute —

“(9A) Where a Minister of the Crown has not made a determination under subsection (2) in relation to the removal or proposed removal of a person to Rwanda, section 4(2) of the Safety of Rwanda (Asylum and Immigration) Act 2024 applies.”

(8) After subsection (10) insert—

“(11) Section 8(18) applies to any decisions made in connection with this section or section 5 of the Safety of Rwanda (Asylum and Immigration) Act 2024.””.

This amendment 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.

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.

Amendment 59, page 6, line 38, leave out from “force” to end of line 39 and insert

“on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has been fully established (and see section (suspension of Act if Monitoring Committee not in operation))”.

This amendment makes commencement of the Act contingent on the establishment of the Monitoring Committee under Article 15 of the Rwanda Treaty.

Amendment 33, page 6, line 39, after “force” insert

“in England and Wales and in Northern Ireland”.

This is a paving amendment for Amendment 34.

Amendment 36, page 6, line 39, after “force” insert

“, 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.

Amendment 34, page 6, line 39, at end insert—

“(1A) This Act comes into force in Scotland on the day after the Scottish parliament grants its legislative consent to this Act.”.

This amendment would prevent the Bill coming into effect in Scotland until after it had been agreed to by the Scottish Parliament.

Clauses 9 and 10 stand part.

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.”.

New clause 3—Effect in Northern Ireland—

“The provisions of this Act shall have effect in Northern Ireland, notwithstanding Section 7A of the European Union (Withdrawal) Act 2018.”

New clause 4—Court of Session—

“Notwithstanding anything in this Act the supervisory jurisdiction and the nobile officium of the Court of Session are preserved.”

New clause 5—Monitoring Committee—

“(1) A Monitoring Committee overseeing removals to Rwanda must be established and maintained in accordance with Article 15 of the Rwanda Treaty.

(2) The Monitoring Committee must report to Parliament every 90 days from when it is first established to confirm that the obligations set out in the Rwanda Treaty are being complied with.

(3) If a report made under subsection (2) either (a) is not received within a 90-day period or (b) does not confirm that the relevant obligations are being complied with, the provisions of this Act relating to the removal of persons to Rwanda do not apply.

(4) Reports made under subsection (2) may be taken into consideration in proceedings of any court or tribunal.”

This new clause places the Monitoring Committee for the Rwanda Treaty on a statutory basis, requires regular reporting to Parliament, and ensures that their findings can be reviewed and can affect the operation of measures in the Act resulting from this Bill.

New clause 7—Reporting requirements—

“(1) Within 60 days of this Act receiving Royal Assent, and at every 90 days subsequently, the Secretary of State must provide a written report to Parliament setting out—

(a) the number of individuals relocated under the Rwanda Treaty,

(b) the current location and immigration status of any individuals relocated under the Rwanda Treaty, and

(c) the quarterly and total costs incurred to transfer individuals to Rwanda under the Rwanda Treaty, including processing costs.

(2) The Secretary of State must also notify Parliament within 10 days of any direct payments being made to the Republic of Rwanda under the terms of the Rwanda Treaty.”

This new clause requires the Secretary to report regularly to Parliament on the operation of the Rwanda Treaty, and to promptly notify Parliament of any payments made by the UK Government to the Republic of Rwanda under the terms of the Rwanda Treaty.

New clause 8—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.”.

New clause 9—Removals to Rwanda under the Illegal Migration Act 2023—

“Within 60 days of this Act receiving Royal Assent, the Secretary of State must lay before Parliament a statement referring to all individuals whose asylum claims have been deemed inadmissible since the granting of Royal Assent to the Illegal Migration Act 2023, confirming—

(a) the number of such individuals due to be removed to Rwanda under the Rwanda Treaty,

(b) the timetable for these removals, and

(c) the arrangements in place for any such individuals not due to be removed to Rwanda during the time period set out in the Rwanda Treaty.”.

This new clause requires the publication of a timetable for the Government’s plans to remove the 33,000 asylum cases accrued under the provisions of the Illegal Migration Act 2023 to Rwanda.

New clause 13—Suspension of Act if Monitoring Committee not in operation—

“(1) This Act ceases to have effect on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has (for whatever reason) ceased to function.

(2) The suspension of this Act under subsection (1) is terminated (and this Act accordingly resumes effect) on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has started to function normally after a period when it had ceased to function.”.

This new clause makes the operation of the Act resulting from this Bill dependent on the continued operation of the Monitoring Committee to be established under Article 15 of the Rwanda Treaty.

Amendment 39, in clause 1, page 1, line 2, leave out from “to” to “the” in line 3 and insert

“uphold the intention of Parliament to respect and abide by the Human Rights Act 1988 and International law (see subsection (6)) in respect of”.

This amendment rewords part of the declaratory Clause 1.

Amendment 40, page 1, leave out line 6.

Amendment 41, page 1, line 7, leave out paragraph (a).

This amendment aims to remove the treaty section from the bill and ensure there’s a separate debate on the matter.

Amendment 42, page 1, line 11, leave out paragraph (b).

Amendment 31, page 2, line 4, leave out subsection (4).

The effect of this amendment is to remove the reference to the sovereignty of parliament and the assertion that an Act is unaffected by international law.

Amendment 43, page 2, line 6, leave out “the validity of an Act is unaffected by” and insert

“Parliament of the United Kingdom will normally legislate with the intention of abiding by, complying with, and implementing, international law”.

Amendment 44, page 2, line 7, leave out subsection (5).

This amendment leaves out the definition for the purposes of this Bill of a “safe country”.

Amendment 54, page 2, line 9, leave out from first “Kingdom” to “and” in line 11.

This amendment would remove from the Bill text which suggests that Parliament can determine whether the UK is in compliance with international law.

Amendment 55, page 2, line 14, leave out from “country” to end of line 19.

This amendment would remove from the Bill text which suggests that Parliament can determine whether the UK is in compliance with international law.

Clause 1 stand part.

I know that the Minister for Countering Illegal Migration, my hon. and learned Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), said that he did not watch box sets, but here we are once again for the next episode of this drama. It is also the most important one of all, because this is likely to be the final opportunity for this House to consider the Bill. Does it work? Will we be able to stop the boats? Can we secure our borders? As Members in all parts of the House know, I feel passionately that illegal migration is doing untold damage to our country, and we have to make sure that the Bill actually does the job.

I want to speak to two amendments, but one in particular, and that is the one with respect to rule 39. Let me say at the outset of this debate that I do not believe that our membership of the European convention on human rights is sustainable. I think that that will become clearer and clearer to the British public in the months and years ahead, but that is not the purpose of my amendment today and it is not the subject of this debate. That is a discussion for another day. What we are discussing here is whether we believe it is appropriate for a foreign judge in an international court to impose a late-night judgment, often without the United Kingdom being able to give its own arguments or to hear the reasons for that judgment; whether we think that that really accords with the rule of law, particularly in relation to this policy; and whether we are willing to see the same thing happen again that happened in the summer of 2022, when a judge did just that, grounding the flight and preventing the policy, leading to months, indeed years, of legal action and tens of thousands of illegal migrants breaking into our country, costing our taxpayers billions of pounds, imperilling lives in the channel and perpetuating this challenge for years to come.

I am happy to support my right hon. Friend tonight on this amendment, as I did last night. I am on the Council of Europe, so I take quite a lot of interest in this. There is an established legal principle that, in fact, the judge was acting ultra vires in 2022 and that it was not in his powers to do that. There is also an established legal opinion that our Government could actually have ignored it. How does this relate to my right hon. Friend’s amendment?

I will come on to the exact points that my right hon. Friend is making; they are fair and important ones.

As night follows day, if we do not make changes in this respect, we will find ourselves in a few months’ time in exactly the same position that my right hon. Friend the Member for Witham (Priti Patel) was in as Home Secretary in the summer of 2022, wherein the Strasbourg Court could issue one, or potentially many, rule 39 interim measures. The decision about what to do will fall to a Minister—perhaps my hon. and learned Friend the Minister for Countering Illegal Migration—and other colleagues within Government. The courts will be involved and we will find ourselves in a very difficult, indeed intractable, situation. As I have said before, setting this scheme in train without knowing what we would do when that happens is a bit like pulling the pin out of a grenade but not being prepared to throw it. This is entirely foreseeable. Let us find a way through this challenge.

To answer the question from my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) and to address the legitimate challenge that is made to those like me who make this argument, we have to go back to the foundation of the Court. Many of my colleagues say, “Well, it was great Conservative and British jurists who were the authors of the European convention on human rights. Why would you want to alter what they created?” With respect, that is a misunderstanding of what was done when the convention was founded and the treaty signed. No one signed up to the Court being able to make binding injunctions. In fact, quite the opposite: it was considered at the time and rejected. The UK, like all other signatories to the European convention, expressly declined to give the Court the power to make binding interim measures. This was created by activist judges in 2005, in response to the Mamatkulov and Askarov v. Turkey case, whereby the Court conferred upon itself a power that was not given in the treaty. It is a mistake that the United Kingdom has for many years, by convention, gone along with the approach the Court has taken to itself.

At least the right hon. Gentleman has the strength to be vocal about what he actually believes, which is more than can be said for many other Conservative Members. He has made it clear that he could not care less about what the European convention on human rights says. Will he go further and openly say that this vile, dangerous and inhumane Bill has one purpose, which is to flout international law, and that his party could not care less about the human rights of the most vulnerable individuals?

It is a pity, but I cannot say I am surprised, that the hon. Gentleman sinks to those depths and does not present a proper legal argument. Had he been listening to me, he would have heard that I did not say anything of the sort. The case that I am advancing is far from an undermining of the European convention on human rights, although there are many who might wish to leave it. We are defending the original intent of the European convention on human rights, and the rule of law, because it is not sustainable for activist judges in Strasbourg to bend and change the original intent of the signatories to that convention, in ways that they would never have accepted, by inventing new powers. I want us to defend the rule of law, and in this case it is best defended by saying that the Court’s interim measures are not binding on the UK, either on the domestic plane or on Ministers. It is better that we simply return to the position before 2005. In fact, I think most of this happened under a Labour Government.

Is this British exceptionalism? Is the right hon. Gentleman making the case that the ECHR should no longer apply only to the UK? Or is he saying that it is not fit for purpose across the board and should be scrapped entirely?

It seems as if we are having a dialogue of the deaf, because that is not what I said at all. I said that the debate about the European convention is for another day, but the hon. Gentleman is saying that the decision of the Strasbourg Court in 2005 to confer upon itself, without seeking the consent of any of the signatories to the convention, the ability to impose binding interim injunctions on other countries is the right way forward and, indeed, that those injunctions should be able to be made at the eleventh hour, in the middle of the night, without giving reasons, without asking for our arguments and without even naming the judge behind the ruling. That poses very serious rule-of-law questions and is a reason why conventions such as the ECHR are increasingly out of step.

My right hon. Friend is, of course, right that it contradicts the long-established custom and practice that was the accepted basis for the rule of law in this country. He cites Lord Sumption and Lord Woolf, but he might also have cited the constitutionalist A. V. Dicey who, long ago, supported by Lord Denning and many others after, established that the relationship between the rule of law and this place is that a polity can make and change laws because it has the legitimacy to do so, conferred on it by the people. Frankly, that means this House is supreme. That in no way underestimates the significance of international agreements and treaties, but it affirms the significance and sovereignty of this House.

I entirely agree with my right hon. Friend.

As somebody who has served on the Council of Europe and was proud to do so because of the United Kingdom’s history of setting it up to protect citizens from overbearing Governments, I think it is worth looking at the data on interim measures. In 2019, 82 requests were made to the Strasbourg Court for interim measures against this Government and zero were granted; in 2020, 47 requests were made and two were granted; and in 2021, 51 requests were made against this Government and five were granted. That is just seven out of 180. Is the right hon. Gentleman really suggesting that this Government get things right all the time, so there should be no capacity to challenge them legally, even when irrevocable harm is on the agenda?

That is not the point I am making. Once again, the hon. Lady is not listening. The point I am making is not about the virtues or otherwise of our membership of the European convention on human rights, which I have said is a matter for another day. The discussion on the amendment is simply about whether we believe it is right that the Strasbourg Court should confer upon itself, without our consent, the ability to impose binding injunctions. There is a separate question, not unrelated, as to how those injunctions are made. I would like to believe that most of us agree that doing them late at night with an unnamed judge, without giving reasons, raises serious rule-of-law questions. Perhaps the hon. Lady disagrees with that, but the purpose of the amendment is to enable us to return to a previous position. [Interruption.] She now has her clip for social media, so the rest of the debate is largely irrelevant.

I want to address the point of law in respect of the Strasbourg Court. The difficulty with the right hon. Gentleman’s argument is that, under the scheme of the convention, the Court is the body that determines the meaning of the convention. Not just in the 2005 case but consistently thereafter, the Court has held that failing to comply with interim measures amounts to a breach of article 34 of the convention. That is the legal difficulty with his argument, is it not?

No. There may be a good-faith disagreement between the hon. and learned Lady and me, but I do not believe that international bodies and courts should be able to grow organically as a result of the decisions of activist judges. This is a matter of the rule of law and of parliamentary sovereignty. We in the United Kingdom chose to be a signatory to the European convention on human rights, and I do not think it is correct that the Court gave itself this power in 2005.

I return to how this matter relates to the policy. First, let us cast our minds back to the summer of 2022. A rule 39 interim measure was imposed by the Court to ground a flight and to prevent us from proceeding with the policy. Do we think that anything has changed in the months and years that have passed? My conjecture is no. We will be in exactly the same position in a few months’ time unless we take action.

We included a provision in the Illegal Migration Act that merely restated the orthodox constitutional and legal position that, in theory, it is at a Minister’s discretion whether to comply with a rule 39 interim measure. Underlying that was the Government’s legal advice—which I believe to be erroneous, for the reasons I have just described—that they would be in breach of international law not to do so. As far as I am aware, the Attorney General and the Government Legal Service therefore continue to advise Ministers and civil servants that a decision not to support a rule 39 interim measure would be illegal and in breach of the ministerial code.

My best recollection was that no Minister should give any indication that they would ignore a rule 39 interim measure. The Attorney General’s position, as I understand it, is that there is a very small number of cases in which it is conceivable that one could do so, but that is a vanishingly slim number of cases and situations. As night follows day, if that position were to continue, we would find ourselves in exactly the same situation as we were in during the summer of 2022. I do not want to be in that position. It would be a huge breach of trust with the British public if we knew that something was likely—if we watched this train not speeding down the tracks but moving slowly towards us—and had ample opportunity to resolve the issue, but chose to do absolutely nothing. We have kicked the can down the road and now there is no more road—at the end of the road there is a precipice. We are moving forward with a scheme, but we do not know how to implement it. We are pulling the pin out of the grenade, but we have not got the guts to throw it.

We need to resolve this and the way to do that is simple: the Government could accept the amendment that stands in my name and those of many others. To do so is not to say that we are leaving the European convention on human rights. There are respectable international law arguments behind the amendment, and I would wager that the Government would have no difficulty in finding senior King’s counsel and former judges in the other place who would support my position—and the Government’s position, should they choose to adopt it.

The Government could change some of the accompanying minor documentation, such as the civil service code and the ministerial code. I would not place too much emphasis on those. At the end of the day, this is not about civil servants; it is about Ministers and the law. A good captain does not blame his sailors. It is on us: we have the power to fix this and we have the responsibility. So let us use the opportunity we have today with the amendment to resolve this situation. If we do not, we will be here in two months’ time, the Strasbourg Court will impose a rule 39 measure and the Government will be scrambling around trying to resolve the situation, and they will have no one else to blame.

I am here to help the Government, to ensure that this policy works, because I, like everyone, at least on this side of the Committee, believe passionately that we have to make this policy work and to stop the boats. So I strongly encourage my hon. and learned Friend the Minister, and indeed the Prime Minister, to support the amendment, and I encourage everyone else on both sides of the Committee who shares my determination to fix this problem to do exactly the same.

I call the shadow Minister.

It is a pleasure to serve under your chairship again, Dame Rosie.

Here we go again: it is day two in Committee for the third asylum Bill in less than two years, and day 643 of the Rwanda psychodrama that the Conservative party continues to inflict on our weary and baffled nation. Let us not forget that the Rwanda saga started off as Operation Save Big Dog, that desperate and, thankfully, doomed attempt to save the skin of Boris Johnson. But then, for some bizarre reason known only to Conservative Members, it did not fade away once Mr Johnson exited stage right—quite the opposite. It took on a life of its own, evolving into an article of faith for the Conservative party, a purity test that has come to define whether or not someone is a true believer, so vast quantities of political capital and untold amounts of Government time, resources and energy have been squandered on a policy that, at most, might one day enable the transfer of a few hundred asylum seekers to Rwanda. It truly is an absolutely extraordinary state of affairs.

We have heard that before, but let us address the narrow legal point. Does the hon. Gentleman think that it was right for a Strasbourg judge to impose an injunction in the night, on his own, without giving the British Government the chance to make their case?

What we are seeing is complete shambolic incompetence in the asylum system, and if cases are not made clearly and are open to legal appeal, legal appeals will come and, in some cases, will succeed. On the broader point, the UK is party to a number of international agreements and conventions. That reality is extremely important to our national interest. In many cases, it strengthens our sovereignty, not weakens it. So Labour Members are clear that politics is about choices, and when we look at the bigger picture of our country’s place in the world, it is absolutely clear that our sovereignty and national interest are strengthened, not weakened, by being party to these international agreements and conventions.

It is deeply troubling that every day seems to bring a new example of the tail wagging the dog. We now hear that the Prime Minister is assembling 150 judges and 1,000 staff to fast-track Rwanda cases through our courts. Sorry—what? Does he not know that under his leadership and on his watch, the Crown court backlog in this country is at a record high of 65,000? Victims of serious crimes regularly wait more than two years for their day in court, so that they can seek justice against the perpetrator. The system is completely broken because of 14 years of Tory incompetence and indifference, yet the Prime Minster clicks his fingers and, glibly, is apparently able to magic up 150 judges and 1,000 staff. Where on earth have those 150 judges been hiding all this time? Are they going to be new recruits or are they currently working? If it is the latter, are they going to be told to drop everything and transfer to dealing with asylum cases? I trust the Minister will be able to answer those questions today, but I am not holding my breath.

Regardless of the operational issues, imagine the impact the Prime Minister’s glib announcement yesterday would have on you if you were a rape victim who has been languishing for years in our broken judicial system. Imagine the anger and disgust you would feel at the spectacle of a Conservative Prime Minister sacrificing your fight for justice on the altar of his desperate attempt to cling to power by appeasing his Back Benchers. What an utterly shameful and shabby way for the Prime Minister of our country to behave.

On the point the shadow Minister made about political choices, he is valiantly opposing the Bill and he voted against it on Second Reading, just as I did, but does he recognise that given that this is the last Session of this Parliament, the Parliament Act cannot be engaged and plenty will take place in the other place, so the only way the Bill will become law is if Labour makes the political choice to say that fighting and frustrating it any longer is not in its interest?

I thank the hon. Gentleman for his comments, but we have made it absolutely clear that the Bill is unaffordable, unworkable and unlawful. The Opposition will never support any piece of legislation that is guilty of those three sins—that is as clear as crystal to us. With pride we voted against the Bill on Second Reading, with pride we voted against the amendments that would only make it even worse, and with pride we will vote against it on Third Reading.

My hon. Friend is right about the purpose of the Bill, which is one of the most flagrant attempts to directly flout international human rights law that we have seen. Does he agree that that is the only purpose of the Bill before us today?

I thank my hon. Friend for his powerful intervention. It is difficult to determine the true purpose of the Bill these days, because it has become embroiled in various Tory internal wars, fights between factions and certain people’s leadership ambitions, but we know it will not stop the Tory small boats chaos. It is that chaos that has to be stopped. The people smuggler gangs are trading in human misery and must be stopped, but we need practical, sensible, pragmatic measures, rather than the headline-chasing gimmicks we have seen from this Government over the last years and months.

The irony of the announcement yesterday about the judges was that, by definition, it is an admission of failure, because it recognises that the Bill will fail to prevent the legal challenges and appeals that the judges will be working on. The Prime Minister’s announcement yesterday was further evidence of the profoundly troubling way in which the Government are prepared to disregard and disrespect our judiciary. I urge Members on all Benches to take careful note of what Sue Carr, the Lady Chief Justice, told the Justice Committee yesterday:

“I’m afraid that this headline draws matters of judicial responsibility into the political arena…matters of deployment of judges, the allocation of work for judges and the use of courtrooms is exclusively a matter for the judiciary and, more specifically, a matter for myself and the senior president of the tribunals. It’s really important that people understand that clear division.”

There speaks a true democrat.

The shadow Minister knows that our view on the Government Benches is that the problem cannot be comprehensively tackled without a deterrent; I cannot think of any examples around the world where it has been tackled without a deterrent. The shadow Minister has spoken before about safe and legal routes, and I have asked him questions about whether the numbers using those routes should be capped or uncapped, so has he thought about what the cap level would be? What would be the number?

It is clear that in order to stop the Tory small boats chaos, we have to smash the criminal smuggler gangs. That will be done through enhanced co-operation with European partners and allies. The shadow Home Secretary and the Leader of the Opposition visited Europol recently. It is hugely important that we get better data sharing and co-operation with European authorities, such as Europol and Frontex, in order to be able to smash the criminal gangs upstream. As I will go on to say in my remarks, the more we jeopardise co-operation with our European partners and allies by threatening to leave the European conventions, the more difficult we make it to have that European co-operation and the more we undermine our own ability to deter the criminal smuggler gangs. If someone were looking for a definition of counterproductive legislation and policies, this would be the one they would go for.

The shadow Minister makes a good point about co-operation. He is right that the only way to tackle the problem is through a suite of measures under an umbrella policy but, as my hon. Friend the Member for Ipswich (Tom Hunt) just described, an important part of that is deterrence. The brand and the marketing message of the criminal gangs is that people will get to Britain and never leave. Sadly, that has too often been the case, has it not?

As I said yesterday, there are pragmatic, sensible things the Government have been doing that we support. For example, the Opposition fully support the Albania deal. The fact that removals to Albania are facilitated by that deal has acted as a deterrent and led to a clear decrease in the number of Albanians trying to come over. Why do the Government not do more of that? They should do the pragmatic, sensible stuff rather than being sucked into endless bun fights about the Rwanda deal, which is unaffordable, unworkable and unlawful. I say to the right hon. Gentleman that it is a question of priorities: the Government have limited time, resources and energy, so they should focus it on the stuff that works rather than on the headline-chasing gimmicks.

The mantra has been clear for many months from the Opposition Benches, including from the shadow Minister himself, about the need for safe and legal routes. Can we have some indication of what level of immigration through safe and legal routes would be needed to address the problem? I put it to him that as soon as that cap is reached, the rest will come by boat unless there is a deterrent.

On safe and legal routes, as a priority I would look at things like the Afghan schemes, which are completely and utterly broken. The Afghan relocations and assistance policy has collapsed and the Afghan citizens resettlement scheme never really worked. Which nationality is always in the top three or four nationalities crossing the channel? The Afghans. We need to get the schemes that are currently in place working properly, and then we need to look at international co-operation, working with our European partners and allies, to create a dynamic whereby the United Kingdom does its bit, as part of ensuring that those trying to cross the channel in small boats do not do so.

To draw the shadow Minister back to the amendments and the interim measures of the Strasbourg court, and to build on the question asked by my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), am I right in understanding that the Labour party’s position is that it does not want to see reform of rule 39 interim measures? I find that surprising, given that the UK is working in concert with many, perhaps all, signatories of the European convention on human rights to do just that. Most of our friends and allies in Europe consider there to be serious rule of law issues arising from the so-called pyjama injunctions and, like them, we want to see them reformed. Would the Labour party abandon that piece of work?

When we enter Government, as I hope we will, everything we do will be based on a test: is it affordable, is it workable and is it legal? The legal piece has to be based on compliance with our international legal obligations. However, if one cherishes something, one also has to be open to changing and improving it. It is clear that a global conversation and a European conversation are required about the immigration position in which we find ourselves. If we, in concert with our international partners and allies, can find ways to improve the system, of course Labour would look to do that. Unfortunately, we cannot negotiate that deal from Opposition, but we will certainly prioritise that as and when we come into Government.

rose—

If the hon. Gentleman does not mind, I will make a little more progress and then come back to him.

Order. It is the convention that any Member wishing to intervene should have been in the Chamber from the start of the speech. I know that the hon. Gentleman came into the Chamber a little after the start of Stephen Kinnock’s speech.

Thank you, Dame Rosie. It is against the backdrop of chaos, confusion and “party before country” that we consider the amendments before us today. I wish to start by commenting on the amendments in the name of the former Immigration Minister, the right hon. Member for Newark (Robert Jenrick).

This Bill is riddled with shamefully anti-democratic clauses that undermine the rule of law and seek to undermine the conventions and values that we on the Labour Benches hold dear. Perhaps the most egregious example of this is the admission in the Bill that its provisions may not comply with the United Kingdom’s obligations under international law. Indeed, clause 3 explicitly disapplies international agreements, including the 1951 refugee convention and the 1984 convention against torture. The leader of the more moderate Conservative caucus, the one nation group, described this approach as “authoritarian” and “a betrayal” of who we are as a nation. He was absolutely right on both points. Our liberal democratic nation is founded on the rule of law and our respect for the judicial function; our international standing is founded on our commitment to human rights and international law; and our proud history is founded on the delivery of those principles, including, indeed, Winston Churchill himself helping to establish Britain as a founder of the 1951 convention.

I made the point yesterday—I will make it again now—that it is not for politicians to interfere with court judgments, and it is not for the Government to respond in a knee-jerk manner to court rulings that they dislike. That is the behaviour of an autocracy, not a democracy. How on earth can our country be the international standard bearer for the rule of law in the face of, for example, Putin’s barbarism or an increasingly belligerent China if we are breaking our own international obligations? Indeed, how can we even hold Rwanda to account on its commitment within this new treaty if we are not practising what we preach? Then there is the real and present danger that this Bill represents to the international agreements that Britain is party to, all of which are central to our national interest.

Those who are worried about social media may also find it useful to use their phones in the Chamber to double-check those international obligations, and indeed the original text of the European convention on human rights, which states explicitly:

“The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.”

From the start, it was intended that there was a check—[Interruption.] I listened to the right hon. Member for Newark (Robert Jenrick); I hope that he will accord the same respect and courtesy to me. Does my hon. Friend agree that, from the start, it was envisaged that it was an important check and balance to involve the courts in decision making?

My hon. Friend makes a very good point. As we have also seen in the letter that Nathalie Loiseau sent to her about the potential risks that there are to the trade and co-operation agreement, and to a range of other commitments, it is absolutely clear that it is in our national interest to pool our sovereignty with other nations through these conventions in order to strengthen our own national sovereignty. I agree absolutely with her on that point.

Let us look at some of these agreements. First, the European convention on human rights is woven integrally into many different parts of the Good Friday agreement. The political settlement in Northern Ireland should not be taken for granted, so disapplying the ECHR in British legislation would be playing with fire in that regard. The Prime Minister’s very own Windsor framework, which sought to resolve the issues around trade and Northern Ireland post-Brexit, was agreed on the basis of the UK’s full commitment to the Good Friday agreement. I am sure that the Prime Minister would not want to accidentally set fire to his own carefully crafted negotiations.

The EU-UK trade and co-operation agreement includes clauses on important mutual security co-operation, which are reliant on Britain’s commitment to the European convention on human rights. Under articles 1 and 692 of the TCA, UK withdrawal from the ECHR entitles the EU to immediately suspend or terminate the entirety of section 3 of the TCA. Therefore, introducing notwith-standing clauses into the Bill means that the Government would also be dicing with the risk of jeopardising security co-operation with our European partners and allies.

The irony here is that this very security co-operation and data sharing is of pivotal importance when it comes to smashing the criminal gangs that are behind the small boat crossings. This Bill, which is designed to deal with the issue of the small boat crossings and the criminal gangs, could undermine the very co-operation that is supposed to be smashing those gangs—you literally could not make it up. I do not believe that such legislative belligerence is in the interests or the traditions of the Conservative party, and I certainly do not believe that it is in the interests or traditions of our own proud nation. The amendments that have been tabled by the former Immigration Minister would, I am afraid, simply increase all the risks that I have described, so we on the Labour Benches will be opposing them.

Let me turn now to Labour’s amendments. Again, I stress that we reject the Bill in its entirety and that our amendments are designed to limit the damage of this unaffordable, unworkable and unlawful piece of legislation. A major concern of ours is the way the Government are handling the entire Rwanda saga from the point of view of transparency—everything from costs and the processing capacity of the Rwandan Government, to Ministers trying to hide the fact that criminals will be sent from Rwanda back to the UK, and the fact that the UK may have to take some refugees from Rwanda.

Our amendment 36 and new clauses 7 and 8 are all part of an attempt to force the Government to shed more light on the less clear aspects of the scheme, and to introduce more accountability. Amendment 36 would require the Government to publish a full impact assessment, setting out the costs per person for the removal scheme, and the confidential financial memorandum already agreed between the two countries. We believe that the cost per person is far higher than the £169,000 already acknowledged by the Government, and we want Ministers to come clean on that point.

New clause 7 would require the Secretary of State to report to Parliament on a regular basis—every 90 days, as with the monitoring committee—on the operation of the scheme, including data on the number of people relocated to Rwanda and the costs incurred by the UK Government. Similarly, new clause 9 would require regular reporting on the number of asylum seekers declared inadmissible under the Illegal Migration Act 2023 from the point of its entry into force—whenever that may be—and the number of such asylum seekers who were subsequently removed to Rwanda.

New clause 8 would impose further reporting requirements on the Government, including on the number of individuals involved in criminal activity who have been transferred from Rwanda to the UK. In the event of any such transfers, the Government would be required to table a debateable motion in Parliament, so that MPs could consider whether, in the light of the transfers, the operation of the treaty should be suspended. It is important that the British public understand just how many foreign criminals the Conservative Government will be importing back into our country as part of this Rwanda deal.

Further amendments relate to the monitoring committee—a central part of the new treaty, which both sides are required to set up in order to oversee the operation of the removal scheme, and to provide a mechanism for individual asylum seekers to lodge confidential complaints directly with the committee. The Supreme Court raised initial concerns about the capacity of the committee to review complaints in its judgment. Our amendment 59 would make the establishment of this committee a necessary precondition for the commencement of this Act. New clause 5 would place the committee on a statutory footing. The monitoring committee would be required to report to Parliament every 90 days, confirming that all the relevant obligations set out in the treaty are being fully complied with.

In the event that the monitoring committee either fails to meet the 90-day requirement or reports to Parliament that Rwanda is not in full compliance with any provision of the treaty, this Act would effectively be suspended from being in force until any issues with timing or compliance have been resolved. Linked to this, new clause 13 stipulates that the operation of this Act should be suspended at any time when the monitoring committee “is not in operation”.

Finally, new clause 5 states that it is for a Minister of the Crown, and that Minister only, to decide whether to comply with any “interim measures” issued by the ECHR for the purposes of blocking a person’s removal to Rwanda. Amendment 38 stipulates that, in making such a decision, the Minister in question must consult the Attorney General.

The Conservative psychodrama of the past 24 hours only goes to serve the old political adage: if a Prime Minister is incapable of managing his own party, he must be utterly incapable of running the country. The resignation of not one but two deputy chairs last night, followed by a 60-strong rebellion, illustrated the level of utter incompetence at the heart of his Administration. We know what they say: to lose one deputy Chair could be down to misfortune; to lose two in one night looks like sheer carelessness. At least we might see a bit more of them on their GB News show, discussing days of yore while spoon-feeding each other cold baked beans, which was my personal television highlight of 2023. It also explains quite a lot about the amount of hot air emanating from the Government Benches. I certainly hope to see and hear more from them in this election year.

In all seriousness, what on earth is going on? The country is looking on, baffled that the Prime Minister could pay the Rwandan Government £400 million for nothing, yet place such little focus on strengthening our security co-operation with Europe to stop the boats in the first place, and he has spent little time improving our broken public services or helping our struggling households during the cost of living crisis. They are perplexed that the Conservatives are spending so many hours on a piece of legislation that is not really meant to stop the boats; it is about the Prime Minister getting a single plane in the air, with a handful of asylum seekers on it, so that he can say, “Look, I did it! I delivered the Rwanda plan and removed a few refugees.” He thinks the British people will deliver something to him on that basis.

We are perplexed because this is not the behaviour and politics we can afford to expect from a British Prime Minister. These are not the serious policies that will fix our asylum system and make our country a better place—all the headline-chasing gimmicks over hard graft and getting a grip. That is not what the British public voted for. Indeed, nobody—not even his own party—voted for him at all.

This plan is a con. This Bill is a sham. I urge all hon. Members to get behind Labour’s amendments to limit the damage and to vote against the Bill on Third Reading. It is unworkable, unaffordable and unlawful. If we are to stop the Tories’ small boats chaos and end expensive asylum hotel use, which costs £8 million a day, this Conservative psychodrama needs to end. We need Labour’s five-point plan to end this chaos, starting with going after the criminal gangs upstream in a new security partnership with Europol. We need a Government that put country before party, and we need a general election this spring.

It may be helpful if I clarify a few things. First, if colleagues wish to intervene, it is important that they are present from the start of the relevant speech. It is also important that they remain to the end of the speech.

Secondly, I intend to give priority to those who have amendments down on the selection list—I will then come to others. In addition to the fact that we are discussing amendments, I should explain that, because we are also discussing clause stand part, the debate can range slightly more widely than would be normal, but it is not a Third Reading debate. There will be a Third Reading debate—an hour has been put aside for that—just in case colleagues prefer to speak at that stage. I know that Sir Jeremy Wright has an amendment, so I call him to speak.

Thank you, Dame Rosie. In fact I have two amendments—amendments 54 and 55—on which I wish to focus my remarks. We all understand that the purpose of the Bill is to allow this Parliament to designate Rwanda as a safe country so that people can be removed to it lawfully. In order to achieve that, of course, we require a definition of what a safe country is. The Bill does that in clause 1(5)(a), which describes a safe country as

“a country to which persons may be removed from the United Kingdom”.

So far, so good. It seems to me that that is an essential part of the Bill’s inherent purpose.

The part of that subsection (a) that concerns me, and on which my amendment is focused, is where it says that that is

“in compliance with all of the United Kingdom’s obligations under international law that are relevant to the treatment in that country of persons who are removed there”.

In other words, the Bill seems to say that the United Kingdom, by saying that Rwanda is a safe country, can also deem itself to be in compliance with a set of its international law responsibilities. I do not think that can be correct.

I work closely with my right hon. and learned Friend in a number of ways, as he knows, and I am well aware that he is a former Attorney General. If he were right that it is not for the Government or this House to determine whether measures are compliant, why on earth would they seek and get the Attorney General’s advice on just that?

My right hon. Friend knows that the Attorney General is consulted on a variety of different legal questions, both domestic and international. He would not expect me to disclose any of the advice I have previously given, but I can tell him that the Attorney General does give advice on whether the Government’s actions may or may not be in compliance with international law, but neither the Attorney General, nor, I think the Government, expects to be the ultimate arbiter of that question. The advice is given as to whether it is likely that that action would be in compliance with the law. I will come in a moment to what I think the Bill and the Government can properly do in relation to international law responsibilities, but it seems to me that what they cannot properly do is set themselves up as judge in their own cause on questions of international law. This House would be wrong to pass a Bill that suggested that they could. That is really where my amendments are focused.

As I say, there is a good practical reason why we should be nervous about this: because we do sometimes rely on international law to discharge our own policy intents and purposes. Not more than 48 hours ago in this place, we were doing exactly that. We were saying that it is important to criticise the actions of the Houthis in the Red sea because they contravene principles of international law. We were saying too that we justify our own response to that because it is in accordance with the principles of international law, and quite right, too. We would not have accepted the Houthis’ unilateral declaration that they were in compliance with international law when they did what they did, nor should we have, and we would not of course accept a Russian legislative Act to say that the invasion of Ukraine by Russia was in compliance with Russia’s international law responsibilities.

Let me make it clear that I am not, of course, suggesting that what the Government have in mind here is in any way comparable to those two examples, but it seems that the point here is that to arrogate to oneself the right to declare one’s own compliance with international law runs the risk of, first, other states finding comfort in our example and, secondly, undermining our own messages in other situations. That makes this not just bad law, but bad foreign policy.

I am pleased to hear what the right hon. and learned Gentleman has to say on the question of international law. Does he share my concern—and I fully accept that I am not as legally qualified as him—that the Government’s own legal advice says that by stating that the Bill is incompatible, it makes it compatible? Is that not worthy of the mad March Hare when it comes to consistency in standing up for the rule of law?

I suspect that what the hon. Lady is referring to is the statement of incompatibility with the convention on human rights and the Human Rights Act 1998 at the beginning of the Bill. Of course, that provision is there for a reason: to allow the Government, if they so choose, to act in defiance of those responsibilities. That is perfectly proper, and I will come on to explain why I think that is something the Government can properly do.

I am concerned about something a little different. Instead of saying, “We don’t think this is in compliance with international law, but we’re going to do it anyway.”, the Bill is saying, “We think this is in compliance with international law; it is down to us to decide that, and we have so decided.” That feels to me like something that we could not and should not do. It would be concerning enough, in my judgment, if this Bill only tried to deem the UK’s compliance with international law, but it also seems to say that we can deem Rwanda’s compliance with international law.

That is set out in clause 1(5)(b), which goes on to say that, for the purposes of this Act, a safe country includes, in particular, a country

“from which a person removed to that country will not be removed or sent to another country”.

So far so good; that is essential, to me, to doing what the Bill seeks to achieve. However, it goes on to say,

“in contravention of any international law”.

Again, it cannot lie in the hands of this Parliament to decide whether or not a person may be removed to another country in contravention of any international law. It goes on in sub-paragraph (b)(ii) to say that a country would be a safe country

“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 obligations under international law.”

It seems to me that the Bill is seeking to say that, if we deem it so, not only is the UK in compliance with its international law responsibilities, but Rwanda is going to be as well. That feels to me not valid and somewhat over-ambitious.

Does my right hon. and learned Friend, who has great experience as a former Attorney General, agree that the deeming provisions under the European Union (Withdrawal) Act 2018 create a rather similar situation, because we deemed EU law to be UK law? Therefore, on the analogy he has just given, I imagine he would argue—though I think he might even have been Attorney General at that time—that that did exactly the same sort of thing, although I am listening with great interest to the more precise point he is making about the relationship with international obligations, on which I will speak later.

I am grateful to my hon. Friend for his intervention. I know, Dame Rosie, you would not want me to abuse the privilege you have given us to range slightly more widely in this debate to range quite that widely, so I will not. He is right that I am making a fairly precise point about what this language appears to me to say. I stress that I do not think it is necessary to include this language in order to achieve the objective that the Government have set in this legislation—with which I have some sympathy, although their methods make me nervous, and I make no bones about that. Worse than unnecessary, it presents some dangers that I do not think we need to present in order to achieve the Government’s objectives.

I suspect my hon. and learned Friend the Minister will tell me in a few moments’ or hours’ time that I do not need to worry about any of this. He may give two reasons for that. First, he may say that the Bill does not mean what I think it means. You will forgive me for saying this, Dame Rosie, but I am increasingly troubled that in this place we answer points such as mine by saying, “Yes, well, it doesn’t really mean that, and we don’t really mean that by it.” We should be concerned as legislators with what the language we are passing into law actually says, not what we meant to say. I am concerned that what this language says is not in accordance with what I am sure the Minister wants to do or what the Government want to do, but it might none the less have that effect, or be taken by others to mean the things that I am concerned about.

When the Bill says what a safe country is, it is potentially confusing two different things. One is deeming our own compliance with international law, which I do not think any country should be able to do, and the other is saying that Parliament resolves to do something even if it contravenes the UK’s international law obligations, which, going back to the previous intervention by the hon. Member for Walthamstow (Stella Creasy), I do think the British Parliament can do. We as a legislature can resolve to do that if we so choose.

We have to decide whether that is a wise and sensible thing to do, with all the ramifications it might bring, but as a matter of law it seems to me that the UK Parliament can, if it wishes, pass a law to say, “Despite or irrespective of our international responsibilities, this is none the less what we want to do.” That is not the same as deeming our own compliance with international law, which I worry this language almost certainly seems to do.

The point I make about the UK Parliament being able to do things even when they contravene its international responsibilities is already in the Bill and reflected in the language of clause 1(4)(b), which points out that

“the validity of an Act is unaffected by international law.”

Quite right. We can, if we so choose, deem a country a safe country for the purposes of domestic decision making if we want to. What I do not think we can or should do is legislate to say that we comply with our international law responsibilities when we do not—and when, crucially, to achieve the objective of this Bill we do not need to.

The second reason the Minister may give for why I do not need to worry myself about all this is that he may say that domestic and international law exist on different planes, and that this legislation is only targeted in any event at domestic authorities, so the Bill could not, even if it chose to try, deem our compliance with international law in actual fact. I would agree with that. It is perfectly true that domestic law and international law operate on different planes, and it is not likely that this Bill could determine any question of international law before any international tribunal.

If that is so, though, why include the language? If it does not have any meaning or legal effect, it does not serve any purpose, but I fear it may send a damaging political signal to other states. The language I am concerned about, which amendments 54 and 55 would remove, is either offensive or otiose, and in either respect the Bill would be better without it.

It is a pleasure to follow the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright). I find myself in agreement with much of what he said, and he made his points very forcefully.

I rise to speak to amendments 32, 33 and 34 and new clause 4 in my name and amendments 4 and 5 in the name of my hon. Friend the Member for Glasgow North (Patrick Grady), and to support the amendments in the name of my hon. Friend the Member for Glasgow Central (Alison Thewliss). I also want to comment on clause 3 and clause 5 stand part and the amendments that have been put forward, particularly by the right hon. Member for Newark (Robert Jenrick), in my capacity as Chair of the Joint Committee on Human Rights.

I turn first to my amendments, which relate to the impact of this Bill in Scotland, and in which respect I am speaking in a personal capacity. My amendments and those of my hon. Friend the Member for Glasgow North deal with the extent of the Bill, its extension to Scotland and the date of its commencement in Scotland. We both seek to prevent this Bill’s extending to Scotland and, in the event that we are not successful in doing that, my amendments seek to ensure that the Bill will not extend to Scotland without the legislative consent of the Scottish Parliament and that nothing in it will interfere with the supervisory jurisdiction of the Court of Session or its nobile officium. I will explain what that means later.