It’s been nearly two years since the collaboration with Rwanda was initiated and the Nationality and Borders Act was enacted, providing the government with the authority to relocate asylum seekers who enter the UK unlawfully to process their claims in secure third countries such as Rwanda.
In my role as the Home Secretary overseeing the efforts to send illegal migrants to Rwanda in accordance with our Migration and Economic Partnership, I cannot stress enough the importance of implementing this policy to deter perilous channel crossings. This policy is crucial for saving lives, preventing tragic incidents like the recent loss of life, and disrupting the operations of criminal gangs profiting from human suffering.
Embed from Getty ImagesAfter the passage of these laws, the Home Office detained numerous illegal migrants for removal to Rwanda. With no legal right to be in our country, removal notices were issued, and their appeals and claims were rejected by our domestic courts. The plane was poised on the runway, ready to depart.
However, on June 14, 2022, the European Court of Human Rights issued a last-minute Rule 39 injunction, halting the plane’s takeoff. This setback was a blow to border security and common sense, undermining our parliamentary democracy and sovereignty.
Now, eighteen months of court hearings later, we find ourselves having to legislate once again to prevent courts from obstructing essential actions required to control our borders, save lives, and combat crimes.
The Safety of Rwanda Bill, presently before Parliament, unequivocally states that Rwanda is a safe country for processing asylum claims. The treaty with Rwanda assures that individuals will not face persecution, providing additional safeguards.
The UN already operates refugee schemes in Rwanda, demonstrating its safety as a trusted partner for refugees and asylum seekers. There should be no grounds for Strasbourg to intervene again. However, given its political nature, the government must be prepared to disregard a Rule 39 injunction if issued in response to a future challenge.
Clause 5 of the Rwanda Bill, up for debate tomorrow, is pivotal. It asserts that only Ministers have the authority to ignore Strasbourg and prevents UK courts from overturning that decision.
The government should go further, ensuring that the civil service code cannot be exploited by officials to obstruct decisions. International law decisions should be the purview of democratically elected ministers, not the courts or civil service.
The Rwanda Bill empowers ministers to decide on Rule 39 compliance, and the government must ensure the civil service supports their use to implement robust plans against illegal migration.
This would instil confidence in MPs across party lines that the Prime Minister’s commitment to preventing foreign court interference holds steadfast. Now, eighteen months after the plane was grounded, we must unite as a party to pass this Bill, removing all potential obstacles, including bureaucratic hindrances.
Our partnership with Rwanda may be unconventional, but as a former Home Secretary, I am convinced it is the only way to make people understand that illegal entry will not guarantee staying here.
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