Let us not beat abound the bush: this Bill is in retaliation and is a crass payback for the Supreme Court’s decision on 15 November that the Government’s Rwanda asylum plan was unlawful. It sets a dangerous precedent. It undermines the democratic contracts of the state while also undermining what constitutes the truth. Declaring something to be true does not make it fact. Evidently, this Bill also undermines the UK’s international treaties and conventions, including the European convention on human rights, with which the Home Secretary has stated that this Bill might not comply. Sections 2, 3 and 6 to 9 of the Human Rights Act 1998 are also disapplied.
The UK Government are acting hypocritically by requiring the Rwandan Government to abide by the standards of international law while disapplying them for themselves. This Bill does reputational damage to the UK at home and abroad. The Government may say that others have set a precedent for this Bill, but that argument is flimsy. The UN Committee against Torture
has expressed concerns about Denmark’s intentions to move refugees elsewhere. Israel abandoned its agreement to send Eritrean and Sudanese asylum seekers to Rwanda and Uganda, having been halted temporarily after legality challenges.
This legislation faces a series of hurdles, each likely to bring it down, and it comes at an unforgivable price—it has reportedly cost £240 million so far, with another £50 million agreed. Then we heard from the Secretary of State that there will be another £50 million and then yet another £50 million on top. It is in no way possible to justify this, given the cost of living crisis that we face.
No matter what the UK Government believe, Rwanda has been proven not to be a safe country for people seeking asylum. The Bill fails to address key issues raised by the Supreme Court, including human rights issues. Refugees have historically been ill treated after expressing criticism of the Government, with new provisions, such as the appeal body, untested. Fifteen Rwandan nationals have been granted protection since 2020, and this Bill excludes Rwandan nationals from its scope. How is that compatible with any definition of a safe country?
Under this Bill, anyone who arrives in the UK without a legitimate visa and has travelled via a “safe country” would be subject to removal, but what about people fleeing conflict zones who are unable to access documents such as passports and visas as embassies close down? What about the many Afghan men and women who were a crucial resource to the UK Government, and who have been left stranded and in peril? Where are the safe and legal routes?
This Bill is an affront to Plaid Cymru’s values and Wales’s aim of being a true nation of sanctuary. We are proud to be on the side of equality and want every person to have the same opportunities and the same access to justice, resources and services. We want to end recourse to public funds conditions, and allow all migrants and people seeking asylum access to the public services they require. How that is found to be contentious by the UK Government is beyond belief. Instead of engaging in electioneering and distraction policies, the Government should be expanding safe routes to ensure that fewer people decide to take the tortuous journey across the channel and at the mercy of smugglers.
To close, I refer to a model that Professor Emyr Lewis of Aberystwyth University uses when he is teaching public law. It illustrates the legislative supremacy of the UK Parliament through an imaginary potential Act: the Location of Aberystwyth (On the Moon) Bill. If an MP were to promote such a Bill and the Government were to support it, it would become law and no court in England or Wales could overturn it, but the reality of the location of Aberystwyth would remain utterly unchanged. When we are talking about the potential of the Bill to change the reality, I think we would do well to learn the lesson of Professor Emyr Lewis.
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