My Lords, I think I just did. I will go over it again. As I said, the Home Secretary, cannot say that it is more likely to be compatible than not. That is not the same as the question that the noble Baroness just asked me. This is the consequence of it being an ambitious and novel Bill. There is nothing improper or unprecedented about pursuing ambitious and innovative ways of solving such issues. We believe that it is lawful and we are acting in compliance with our international obligations.
The Supreme Court’s judgment was made on the basis of the facts in June 2022 when the case was brought. It made clear that, while it had concerns about the arrangements in place in June 2022, changes to safeguard against risks “may be delivered in the future”.
The UK’s treaty with Rwanda responds comprehensively to the court’s concerns. It provides a binding guarantee in international law against refoulement and provides guarantees about the treatment of relocated individuals in Rwanda. It reflects the work that we and the Rwandan Government have completed in the 18 months since June 2022 and, once ratified, it ensures that no one will be sent into a position where they would face a real risk of harm.
As the noble and learned Lord, Lord Goldsmith, noted, it is unprecedented for the House of Lords to place conditions on an international treaty in this way. Never in the history of the Constitutional Reform and Governance Act 2010 has either House forced a vote to try to delay the ratification of a treaty until its provisions have been implemented.