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UK PARLIAMENT · SITTING

Stephen Kinnock

MP for Aberafan Maesteg · Labour · United Kingdom

IN THEIR OWN WORDS

I thank the shadow Secretary of State for her kind words and look forward to our exchanges across the Dispatch Box. I am ready to engage with her on getting the maximum benefits for the people of Wales.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank the right hon. Lady and look forward to working with her. My understanding is that there were challenges around the helicopter capability. Decisions were taken by Natural Resources Wales some time ago to change the way that the tendering for helicopter capability works. We certainly need to look at that.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank my right hon. Friend for his question. Like him, I pay tribute to all those involved in the collective and heroic response to the wildfires.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I thank the right hon. Lady for her question. Many of the ideas coming forward for devolving power right across our United Kingdom, beyond Cardiff Bay and Holyrood, are very exciting, and I look forward to exploring them with her.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

Just to be clear, this is not about staying out of the issue; it is about respecting the devolution settlement, but being prepared to work constructively where we can in partnership with the Welsh Government. The hon.

STRENGTHENING THE UNION · 2026-09-02 · READ IN HANSARD

I know about and welcome the right hon. Gentleman’s strong connections to Wales. I recognise the connectivity benefits that WSMR’s proposal could deliver, particularly for passengers in Wales and the west midlands.

CROSS-BORDER RAIL LINKS · 2026-09-02 · READ IN HANSARD

The complete record

Every one of 5,341 lines we hold for Stephen Kinnock, in date order, each linked to its source. Free to read, in full, without an account. Page 48 of 107.

  1. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  2. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  3. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  4. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  5. 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?

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  6. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  7. 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”.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  8. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  9. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  10. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  11. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  12. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  13. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  14. 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.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  15. Gentleman that I do not think this Bill will be treated in any way differently from any other piece of legislation that would go to the other place, at least from the point of view of my colleagues there.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  16. I apologise if I did not fully understand the hon. Gentleman’s point in his question to me when I was making my remarks. It was specifically about the other place. What I would say to him is that Labour Members of the other place will give this Bill the scrutiny that it deserves and will hold the Government to account. The Illegal Migration Act 2023 ended up going through and getting Royal Assent in spite of very severe and serious reservations, but of course we recognise not only that in the other place we have the duty to scrutinise but that we are responsible for ensuring the proper functioning of Parliament across the board. I say to the hon.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-17 · READ IN HANSARD

  17. The Conservatives like to accuse us of opposing everything that the Government are doing to stop the Tory small boats chaos, but that is simply not the case. We on the Labour Benches fully support measures such as the deal with Albania, because that is the sort of sensible, pragmatic action that can make a tangible difference. We have repeatedly made our support for that course of action crystal clear, if only the Conservatives would care to listen. However, the Labour party will never support any proposal that is unaffordable, unworkable or unlawful.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  18. I rise to speak in favour of amendments 35 and 37 and new clause 6, tabled in my name and the name of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow home Secretary. I start by reminding the Committee and anyone watching at home that the Labour party is opposed to this Bill in its entirety, for the simple reason that we are opposed to the Rwanda scheme in its entirety. We have been clear that we need to stop the Conservative small boats chaos and we need to fix our broken asylum system, but those aims can only be achieved by way of measures that are based on common sense, hard graft and international co-operation, as opposed to headline-chasing and government by gimmick from those on the Conservative Benches.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  19. In order for a deterrent to be effective, it must be credible. Surely even the most ardent supporter of this policy would acknowledge that such a tiny chance of being sent to Rwanda will never deter someone who has risked life and limb and crossed continents to escape persecution and violence.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  20. My hon. Friend is absolutely right: it is quite remarkable that a party that used to pride itself on being the party of fiscal rectitude is throwing £400 million of taxpayers’ money at the Government of Rwanda for precisely nothing. So far, all they have got for it is that they have sent three Home Secretaries to Rwanda, but not a single asylum seeker. The Rwanda plan is all of the above: it is unaffordable, it is unworkable and it is unlawful. It is unaffordable to the British taxpayer because a truly staggering £400 million of our taxpayers’ money is on the way to the Rwandan Government without a single asylum seeker landing in Rwanda. It is unworkable because we know that the Rwandan authorities are capable of taking less than 1% of the 30,000 who crossed the channel in small boats in 2023, according to the Court of Appeal.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  21. The hon. Lady is right. The Afghan schemes are a case in point. The Afghan relocations and assistance policy has more or less collapsed, the Afghan citizens resettlement scheme is not working at all, and which nationality is always in the top two or three that are crossing on small boats? The Afghans. It is pretty straightforward. We oppose the Rwanda policy because it is not a deterrent; it is a distraction. It would be far better, as the shadow Home Secretary, I and others have set out many times in this Chamber, to redirect the vast quantities of taxpayers’ money being wasted on the Rwanda scheme into a new cross-border police unit and a new security partnership with Europol that can smash the criminal smuggler gangs upstream.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  22. We find ourselves in the utterly extraordinary position of debating a Government policy that has been found to be unlawful by the highest court in our land. Amendment 35, which I will come to shortly, reflects that very fact. We find ourselves confronted by a Government who are seeking to legislate for an alternate reality. Although Ministers appear to believe that they can pass a Bill that determines that the sky is green and the grass is blue, that does not make it so.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  23. My hon. Friend is absolutely right. If we accept that international co-operation with our European partners and allies must be at the heart of dealing with the gangs, as he so eloquently sets out, the possibility of that co-operation is fundamentally undermined when our Government are flagrantly prepared to break international law, which should underpin the trust that is a prerequisite for all such co-operation. Co-operation based on joint working and intelligence-sharing with our partners and allies is possible only if Britain is deemed a trustworthy partner. That brings me to the third reason for our opposition to the legislation and the amendments tabled by so many Conservative Members.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  24. Of course Parliament is sovereign, and of course we in this place are sent here to make laws, but we must make those laws with restraint; we must make them while respecting the judicial function. The separation of powers is fundamental to our identity as a liberal democracy, so although the hon. Gentleman very often talks about the sovereignty of Parliament, it is vital that his comments are always founded on the principle of separation of powers and the checks and balances that it gives us.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  25. Well, that is an interesting one; I did not have talking about the sub-postmasters scandal on my bingo card today. Parliament is free to legislate in any way it wishes, but it has to do so in full recognition of the view of the courts. I know that a number of eminent legal experts have raised concerns about the Government’s proposed approach on the sub-postmasters. We have to see precisely how the detail looks, and it is our duty in this Parliament to scrutinise it carefully to ensure that we are not setting dangerous precedents. I would argue that there is no doubt whatsoever that the Bill before us would set a profoundly dangerous precedent because it seeks to directly overturn the findings of the highest court in our land, and that is a toxic approach.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  26. It is mark of a liberal democracy that courts are independent of Parliament and the Executive. We on the Labour Benches believe passionately that that separation of powers is a fundamental and immutable element of what makes us proud to be British. Not only are we opposed to the specifics of the Bill, but we are deeply troubled by what it represents in a broader sense.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  27. The co-operation with France is to be welcomed. The problem is that it is too far downstream. We need far better co-operation upstream, which is about sharing data and fixing the issue with the databases—the shadow Home Secretary and the Leader of the Opposition visited Europol recently to come forward with very practical and detailed plans around getting the data-sharing right. That may address the issue of the falling number of prosecutions of criminal smuggler gangs on this Government’s watch and the number of returns and removals falling by 50% since 2010. Again, we go back to the point about putting more energy and resources into the pragmatic and sensible things that can actually make a difference, as opposed to being distracted by this madcap Rwanda scheme.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  28. It is an assault on our country’s constitutional conventions, which require the legislature to respect the essence of the judicial function. Moreover, there is a staggering hypocrisy at the heart of the Bill when we consider it in the context of the treaty that has been signed with Rwanda. The purpose of that treaty is to bind the Rwandan Government into respecting the rule of law, and in particular the principle of non-refoulement. How on earth can Ministers hold the Rwandan authorities to account on these matters if they themselves are so blatantly and egregiously failing to practise what they preach?

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  29. I thank the former Immigration Minister for his comments. I enjoyed opposing him and, on some occasions, working with him. Look at the Ukraine scheme. That is an example of offshore processing: people’s applications were processed in Poland before they came to our country. Look at the Hong Kong scheme. There are plenty of ways of doing upstream and offshore processing. To coin a phrase, what matters is what works. What is absolutely clear is that it is difficult to imagine any scheme that could be more expensive than the Rwanda policy. I will now make some progress. I cite the view of the Bingham Centre for the Rule of Law and countless other legal experts, who have stated that the Bill is contrary to the rule of law because it amounts to a legislative usurpation of the judicial function.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  30. The Bill in its current form is already an assault on our reputation as a country that upholds the separation of powers and the rule of law, and the majority of the amendments tabled by Government Members would take us even further away from those basic democratic principles. Let me be clear: Labour Members will proudly be voting against the amendments that are being promoted by Conservative Members, because the Government’s Rwanda policy is unaffordable, unworkable and unlawful; because the Bill is an affront to the values that we hold dear; and because we will always stand up for the separation of powers, the rule of law, and ensuring that we can stand tall in the world.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  31. Our new clause 6 therefore addresses that unacceptable position by placing the monitoring committee on a statutory footing, making it judiciable and thus, by definition, more transparent and accountable. We see no reason why Government Members and Members across this House should oppose the principles of transparency and accountability on which our new clause 6 is based, and we hope they will join us in the Aye Lobby later. Turning briefly to the amendments tabled by Government Members, I would point out that even one of their own colleagues, the right hon. Member for Ashford (Damian Green)—the chair of the One Nation group—has described many of those amendments as “authoritarian” and a betrayal of Conservative values. He is right.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  32. I turn now to our new clause 6. The new treaty states that Rwanda is committed to addressing concerns that are laid out in the Supreme Court judgment, including refoulement. New clause 6 would help to ensure that Rwanda can be held accountable on its treaty commitments by placing the monitoring committee for the Rwanda treaty on a statutory basis, and by placing conditions on when the classification of Rwanda as safe can be suspended in accordance with the material conditions and/or non-compliance with obligations under the treaty. As things stand, the Government could vary the operating principles of the monitoring committee without it being possible for such changes to be challenged in our domestic courts.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  33. It states that the Bill “does not permit a decision-maker to consider any matter, claim or complaint to the extent that it relates to the issue of whether the Republic of Rwanda will or may remove or send the person in question to another State in contravention of any of its international obligations (including in particular its obligations under the Refugee Convention).” However, as the Government have previously acknowledged, the facts on the ground can change, and decision makers should therefore be able to make their own judgments based on the latest court rulings. As such, we see no reason not to let decision makers do their jobs and make decisions based on all the knowledge available to them as the situation evolves, as opposed to the frankly absurd idea that Rwanda can be defined as safe in perpetuity.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  34. In 2018, 12 Congolese refugees were shot dead by Rwandan police for protesting against food shortages. Our amendment 35 therefore permits British courts and tribunals to recognise and deal with the specific risks of refoulement associated with Rwanda by removing the relevant text from clause 2 of the Bill. Likewise, our amendment 37 makes clear that decision makers must be able to take the risk of refoulement into consideration when processing asylum claims. The Bill designates Rwanda as a safe country, and therefore makes clear that “Every decision-maker must conclusively treat the Republic of Rwanda” as such.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  35. In December, the Government signed a treaty with the Rwandan Government that says that refoulement is prohibited, and that anyone removed to Rwanda from the UK must be allowed to stay in Rwanda. Indeed, the only country to which people can be transferred from Rwanda is the UK, which under the deal must also accept some of Rwanda’s most vulnerable refugees and offenders sent back from that country. That in itself tells a story. The fact that the UK Government and the Rwandan Government have agreed that Britain might need to take some Rwandan refugees is a stark admission that Rwanda is not a safe country for many people. Indeed, since the first £120 million payment by the British Government to Rwanda, six Rwandans have been granted safety and refuge in the UK. Then there is the tragic fact that Ministers are simply too afraid to address.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  36. It ruled unanimously that the Rwanda policy was unlawful, because there were substantial grounds to believe that people transferred to Rwanda could be sent to countries where they would face persecution or inhumane treatment if Rwanda rejected their asylum claims, a practice known as refoulement. The reason for those concerns relates to an issue that I first raised at this Dispatch Box back in April 2022, when the Rwanda plan was first announced. When Israel signed its deal with Rwanda in 2013, many of the asylum seekers who were sent from Israel to Rwanda were routinely moved clandestinely to Uganda, and in three cases, refoulement to Eritrea via Kenya was prevented only by the UNHCR intervening. It is little wonder that the Israeli Supreme Court ruled the scheme unlawful in 2018, and it was closed down.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  37. There has been a 30% drop since 2010 in convictions of criminal smuggler gangs, and a 50% drop since 2010 in removals. I would be very happy to write to the hon. Gentleman with clear details of those facts—we have the receipts. It is against that fundamentally flawed and farcical backdrop that we seek to modify the legislation that is before us today. Our amendments are an attempt at damage limitation—an effort to moderate the most egregious aspects of this nonsensical and counterproductive Bill. Our amendment 35 acknowledges that, in November of last year, the Supreme Court upheld the Court of Appeal judgment.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  38. Just think of the vast amounts of political capital that the Prime Minister has squandered on a policy that he does not actually believe in, that his Home Secretary has privately pooh-poohed—if you will pardon the pun, Chair—and that has left his leadership in tatters. The legislation before us is a sham, but in the interests of damage limitation, I urge Members to get behind Labour’s amendments today. Of course, most crucially, I urge them to vote down this Bill on Third Reading, and get behind Labour’s plan to deliver the security partnership and cross-border police unit that will smash the criminal gangs, defeat the people smugglers, and stop the Tory boats chaos once and for all.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  39. I thank the right hon. Member for that intervention. I do not think I could have made it any clearer that we believe in the rule of law and the judicial function, and when the Supreme Court of our land rules that it is not safe to send asylum seekers to Rwanda, we on the Labour Benches absolutely agree with that position. We have seen some pretty bizarre stuff emanating from the Conservative Benches over the decades, but when the history books of the past 14 years are written, the Conservatives’ psychodramas over this Rwanda policy will surely take centre stage. Just think of the astonishing amount of Government time that has been ploughed into this unaffordable and unworkable nonsense, when Ministers and officials could have been focused on the design and delivery of the sorts of sensible, practical measures that I mentioned earlier.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  40. The Minister is simply misrepresenting the purpose of new clause 6. Its purpose is to put the monitoring committee on a statutory footing so that it can potentially be subject to our domestic courts. I do not know whether he thinks that our domestic courts should be lower down the pecking order than the courts of Rwanda.

    SAFETY OF RWANDA (ASYLUM AND IMMIGRATION) BILL · 2024-01-16 · READ IN HANSARD

  41. It appears to have gone the way of most recommendations that are “accepted” by the Department, which is to say put in a drawer and forgotten about. Perhaps my cynicism is unjustified, in which case the Minister is more than welcome to correct me and tell me exactly when the fabled strategy on illegal working will be published. As with the other statutory instrument that we will be discussing, there is a risk of these higher fines feeling like another case of the Government running out of ideas and just making things that are already illegal a bit more illegal.

    DRAFT IMMIGRATION ACT 2014 (RESIDENTIAL ACCOMMODATION) (MAXIMUM PENALTY) ORDER 2023 DRAFT IMMIGRATION (EMPLOYMENT OF ADULTS SUBJECT TO IMMIGRATION CONTROL) (MAXIMUM PENALTY) (AMENDMENT) ORDER 2023 · 2024-01-15 · READ IN HANSARD

  42. The party that the Minister represents claims to be pro-business, yet it appears not to have consulted with business on this important change. If the Minister can provide an explanation for the lack of consultation with business, I am sure hon. Members will be happy to hear it. More broadly, the draft order represents a missed opportunity on the Government’s part to set out a clear, comprehensive and effective strategy for combating illegal working across the board, including through the use of the civil penalty scheme. The failure of Ministers to do so is all the more disappointing in view of the fact that a review was promised by the Home Office following a recommendation from the independent chief inspector of borders and immigration back in 2019.

    DRAFT IMMIGRATION ACT 2014 (RESIDENTIAL ACCOMMODATION) (MAXIMUM PENALTY) ORDER 2023 DRAFT IMMIGRATION (EMPLOYMENT OF ADULTS SUBJECT TO IMMIGRATION CONTROL) (MAXIMUM PENALTY) (AMENDMENT) ORDER 2023 · 2024-01-15 · READ IN HANSARD

  43. However, I am sure that the Government do not want to impose burdensome regulations on small businesses just for the sake of it. That can be avoided easily enough, provided that the Government consult with employers on the potential impact of any changes and take action to mitigate any undue burdens or unintended consequences for the businesses affected. Not for the first time, the Home Office has fallen short of what might reasonably have been expected of it. The only reference in the explanatory memorandum to any consultation with employers is in a terse paragraph that confirms that none has taken place. Given the magnitude of the proposed changes—a tripling of penalties from £15,000 to £45,000 per worker for first offences—the failure to consult is surprising and disappointing.

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  44. It is a pleasure to serve under your chairship, Mr Dowd. I will first respond to the Minister’s comments on the illegal working penalties and then address the draft order that relates to rental accommodation. Labour supports the principle of prohibiting those with no legal right to be in the UK from undertaking paid employment here. Indeed, it was a Labour Government who in 2006 enacted legislation that first established civil penalties for employers who fail to comply with those restrictions. For the restrictions to have teeth, civil penalties must be set at a level that is onerous enough to deter employers from knowingly and deliberately breaking the law. With that goal in mind, it is right that the maximum fines for employers should be kept under review and, where necessary, increased.

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  45. I look forward to hearing a clear commitment to that effect from the Minister.

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  46. In doing so, Ministers said that clear guidance to landlords was available in the case of any doubt as to what they are or are not required to do. In the Minister’s view, is the guidance sufficiently clear? More importantly, has the guidance been made known to landlords so that any risk of unintended discriminatory consequences is minimised as far as is practically possible? To be clear, the Opposition are not saying that the right-to-rent system is inherently unworkable or unacceptable, but it is incumbent on Ministers to set out what specific steps the Government will take both to mitigate any adverse effects on lawful migrants and citizens and to ensure that any evidence of discrimination that is brought to Ministers’ attention is swiftly acted on with appropriate remedies and safeguards.

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  47. Evidence published by the Minister’s own Department shows that; as early as 2014, when the scheme was first piloted, research showed that landlords, out of an abundance of caution, reacted to the new rules by favouring would-be tenants who were white and who could produce a UK passport on request—and even, in 27% of cases, those who did not have “foreign-sounding” accents or names. As was all too common with the old hostile environment policies, at least as much of a burden seems to be being placed on lawful migrants and British-born citizens as on the unlawful migrants the policy is supposed to target. The problem is not that the Home Office was not aware of this evidence; the problem is that it simply dismissed it.

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  48. If so, what steps would be taken to mitigate any harm to those who are here perfectly legally? I do not think the Minister mentioned this in his comments—my apologies if he did; I may have missed it—but I am sure he is aware that there is evidence that lawful residents, including British nationals, have faced significant barriers to securing accommodation as a result of landlords’ fears of being penalised for even unintended breaches of the right-to-rent requirement.

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  49. Members might have expected Ministers to put forward stronger evidence to support the policy and to support that link, yet they have not done so. Again, it feels rather as if the Government are running out of ideas and resorting to making illegal things more illegal. It feels fairly unlikely that channel crossings would be deterred if only immigrants could see that it would be hard to rent a home on arrival in the UK. If there is genuine evidence to support the effectiveness of these penalties in deterring irregular migration, I am sure hon. Members would be very grateful if the Minister pointed it out. For the sake of argument, let us say that penalties on landlords do serve as a deterrent. The question the Government then have to answer is whether there could be any unintended consequences of the proposed increase.

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  50. I thank my right hon. Friend for that excellent intervention. The debate around identity cards has been raging, one could say, for a very long time. It is something that needs to be looked at very seriously, but as he knows, the whole project was kiboshed at the time. It is certainly something that merits further discussion. I turn to the right-to-rent checks and the civil penalties for non-compliance. These are a means of supporting the objective of tackling and deterring illegal migration. On that basis, the argument goes, the higher the penalties imposed on landlords for letting to migrants who are in the UK illegally, the stronger the deterrent against further unlawful migration. Given how emphatically the Government draw a direct link between these higher penalties and tackling illegal migration, hon.

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