Bills – Page 20 – The Church of England in Parliament

Safety of Rwanda (Immigration and Asylum) Bill: Bishop of Chelmsford moves amendment introducing sunset clause to bill

On 19th February 2024, the Bishop of Chelmsford tabled her her amendment 91 to the Safety of Rwanda (Immigration and Asylum) Bill, which would insert a sunset provision for the Bill to expire two years after commencement unless Parliament decides that it should remain in force and the Government has produced a report containing evidence that the Rwandan government is fulfilling its Treaty obligations:

The Lord Bishop of Chelmsford: My Lords, in moving Amendment 91 I am grateful to my friends the noble Lords, Lord Scriven and Lord Blunkett, for their support. The noble Lord, Lord Scriven, is in his seat and the noble Lord, Lord Blunkett, was in touch with me today to apologise for not being able to be here this evening.

I want to keep my comments as short as possible, given the hour and the fact that some of the issues have already been debated in Committee. However, there is merit in discussing the value of a sunset provision, now that each of the Bill’s clauses has been scrutinised.

The fundamental issue, which I fear has not yet been fully addressed by the Government Benches, is that we are being asked to make a permanent judgment on the safety of Rwanda on the basis of the yet to be implemented arrangements outlined in the treaty. This is, of course, against the opinion of our highest court. Furthermore, it is simply not arguable on any rational basis that Rwanda is safe at present, when, as the Minister himself has conceded, Rwanda is moving towards having the required protections in place.

Safety of Rwanda (Immigration and Asylum) Bill: Bishop of Chelmsford speaks in support of amendments protecting unaccompanied children

During a debate on the Safety of Rwanda (Immigration and Asylum) Bill on 19th February 2024, the Bishop of Chelmsford spoke in support of two amendments tabled by Lord Dubs which sought to prevent the erroneous relocation of unaccompanied children to Rwanda:

The Lord Bishop of Chelmsford: My Lords, I too support Amendments 54 and 55, to which I have added my name. I thank the noble Baroness, Lady Lister, and the noble Lord, Lord Dubs, for giving us the opportunity to ensure that the voice of the child is heard in this debate. For we should never forget that both accompanied and unaccompanied children, and those who may well be found to be children, are in the scope of the Bill, which the Government cannot confirm is compatible with convention rights under the ECHR. I spoke earlier in Committee on the universality of human rights, but to remove children from their reach is simply unforgivable. For this reason, I repeat the noble Baroness’s request that a children’s rights impact assessment be published as a matter of urgency.

Safety of Rwanda (Immigration and Asylum) Bill: Bishop of Chichester supports amendments on role of the courts in asylum system

On 19th February 2024, the House of Lords debated the Safety of Rwanda (Immigration and Asylum) Bill in committee. The Bishop of Chichester spoke in the debate, in support of two sets of amendments on the jurisdiction of the courts, pointing out the practical issues associated with offshoring of asylum seekers:

amendments tabled by Baroness Chakrabarti restoring the jurisdiction of domestic courts “by rendering the future safety of Rwanda (evidenced by UNHCR advice) a rebuttable presumption and restoring the ability for UK courts and tribunals to grant interim relief…”
amendments in the name of the Archbishop of Canterbury and Baroness Chakrabarti which would seek to ensure that that proper regard is given to interim measures of the European Court of Human Rights in accordance with international law

The Lord Bishop of Chichester: My Lords, my noble friend the most reverend Primate the Archbishop of Canterbury regrets that he cannot be in his place today to speak to the amendments in this group tabled in the name of the noble Baroness, Lady Chakrabarti, and the noble and learned Baroness, Lady Hale. I wish to associate my remarks with theirs and to emphasise how important the restoration of the jurisdiction of the domestic courts is in considering also UNHRC evidence and the ability to grant interim relief. This is no mere technicality. This jurisdiction might make the difference between sending an asylum seeker to Rwanda while their claim, or an aspect of their claim, is pending or not doing so.

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of St Edmundsbury and Ipswich supports amendment challenging disapplication of the human rights act

On 14th February 2024, the House of Lords debated the Safety of Rwanda (Asylum and Immigration) Bill in committee. The Bishop of St Edmundsbury and Ipswich spoke in support of amendment 36 to the bill, on behalf of the Archbishop of Canterbury. The amendment would leave out clause 3 of the bill, in order to “limit the Bill’s disapplication of the Human Rights Act to immunising the Secretary of State from challenge of his decision to lay positive UNHCR advice.” The Bishop also pointed out the risks associated with disapplying the universal principle of human rights to asylum seekers:

The Lord Bishop of St Edmundsbury and Ipswich: My Lords, it is a pleasure to follow the noble Lord from Suffolk. The most reverend Primate the Archbishop of Canterbury regrets that he cannot be in his place to speak to Amendment 36, tabled in the name of the noble Baroness who has just briefly left, and to which he has added his name. I will speak briefly and again repeat the moral point.

The amendment leaves out Clause 3, where the Bill disapplies large chunks of the Human Rights Act and replaces it instead with one very limited disapplication of the Act to allow the Secretary of State to lay positive UNHCR advice before Parliament. This seems a necessary corrective to the wider issues in the Bill and supports the other amendments tabled by the noble Baroness, Lady Chakrabarti, to Clause 1 of the Bill, to give the UNHCR a role in providing positive advice on the safety of Rwanda before any asylum seekers can be sent there.

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Chelmsford points out importance of equality before the law

On 14th February 2024, the Bishop of Chelmsford spoke in a committee debate on the Safety of Rwanda (Asylum and Immigration) Bill, in support of amendment amendment 33 to the bill, which specified the route to be taken by Parliament if a court declares the bill incompatible with the Human Rights Act 1998:

The Lord Bishop of Chelmsford: My Lords, I support Amendment 33 from the noble Lord, Lord Kirkhope of Harrogate, to which I am a signatory. I am grateful to the noble Lord for the amendment and I welcome the opportunity to discuss the role of Parliament if a higher court were to declare this legislation to be incompatible with the convention right, or indeed a number of rights.

We should not forget that the Government have been unable to make a statement in the Bill that it is compatible with convention rights. As the Government nevertheless wish Parliament to proceed with the Bill, it seems prudent to probe what the role of Parliament would be in determining how any potential incompatibility should be addressed. In fact, the Attorney-General has said in the Government’s own legal position paper that it should be for Parliament to address any determination of incompatibility by the courts. The noble Lord, Lord Kirkhope, has eloquently set out the motivation for this amendment, and I agree that what it does is simply to expound what parliamentary sovereignty would look like in this context.

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Leeds raises concerns over indefinite declaration of Rwanda’s safety

The Bishop of Leeds spoke in a debate on the Safety of Rwanda (Asylum and Immigration) Bill on 14th February 2024, pointing out the need for demonstration of Rwanda’s safety, and the risks associated with the country’s safety being declared indefinitely:

The Lord Bishop of Leeds: My Lords, I will be very brief. I endorse the speech by the noble Lord, Lord Deben. I want to question slightly the use of truth because there is a difference between truth and factuality. Something can be not factual, but it can be true. Let us look at a parable, for example. We have not even got as far as factuality when we are talking about truth. To put it very simply—I am in terrible danger of evoking Immanuel Kant here, but I will try to avoid that—if I say I am a banana, it does not make me a banana. There has to be some credible questioning of that. I am not a banana. A country does not become safe because someone says it is, even if a Government say that. That has to be demonstrated, and it has to be open to question, particularly, as has been said many times, because the word “is”—we are getting very Clintonesque in his impeachment hearings when we get into the meaning of “is”—has a permanence about it that does not allow for the possibility of change. I fail to see rationally how this is such a problem for the Government, other than that there is an ideological drive in this which is not open to argument.

Hansard

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Bristol supports amendments related to implementation of UK-Rwanda Treaty

On 14th February 2024, during a debate on the Safety of Rwanda (Asylum and Immigration) Bill, the Bishop of Bristol spoke in support of amendments 19, 21, 25 and 28 to the bill on behalf of the Bishop of Manchester, relating to the proper implementation of the Rwanda Treaty, and introducing further safeguards relating to verifying Rwanda’s safety:

The Lord Bishop of Bristol: My Lords, my right reverend friend the Bishop of Manchester regrets that he cannot be here today to speak to Amendments 19, 21, 25 and 28 in the name of the noble Lord, Lord Carlile of Berriew, to which he has added his name. I am grateful to the noble Lord, Lord Anderson of Ipswich, for setting out the case clearly, and I am particularly grateful to follow the noble Lord, Lord Clarke of Nottingham, as he has made the case so powerfully.

My right reverend friend and I are concerned, not as lawyers but as citizens, about the constitutional precedent the Bill sets. The role of the judiciary as distinct from the Government and Parliament must not be infringed. Parliament creates laws but judges and juries are responsible for the finding of facts. Where the Supreme Court has ruled that Rwanda is not safe, it is an abuse of Parliament’s powers, as we have just heard, for it to attempt to declare otherwise.

We are concerned that the Bill represents a dangerous step. The amendments in the name of the noble Lord, Lord Carlile, therefore attempt to preserve the important principle that facts should be considered by the courts. We must surely be able to take into account credible evidence that Rwanda is not a safe country.

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Bristol speaks in favour of amendments protecting armed forces workers and victims of modern slavery

On 14th February 2024, the House of Lords debated the Safety of Rwanda (Asylum and Immigration) Bill in committee. The Bishop of Bristol spoke in support of amendment 75 to the bill, which would introduce an exemption clause to prevent those who had worked with UK armed forces or the UK government overseas, or their families, from being sent to Rwanda. She also spoke in support of amendments 70, 73, and 85, on the issue of protecting victims of modern slavery from removal to Rwanda:

The Lord Bishop of Bristol: My Lords, I am grateful to all those supporting Amendment 75 and for the speeches on it. I am further grateful to the noble Lords, Lord Kerr and Lord Alton, and the noble Baroness, Lady Chakrabarti—they are all helping us to delve deeper into the legal and moral issues in these amendments. I am particularly grateful to the noble and learned Baroness, Lady Butler-Sloss, who has set out her Amendments 70, 73 and 85, to which I have subscribed my name.

This issue is close to my heart, as I speak on behalf of the Church of England on human trafficking and modern slavery issues. I do so from the city of Bristol, with its history of slavery and its current commitment to prevent human trafficking and slavery, including domestically—we train our lay officers to spot the signs of those hiding in plain sight—and to provide refuge for those on their journey through the NRM. I was also particularly grateful to the noble Lord, Lord Deben: I think that I will miss church downstairs, so I am grateful that he has brought church upstairs in his Ash Wednesday words to us about the deep moral issues in our debate today.

Safety of Rwanda (Asylum and Immigration) Bill: Bishop of Southwark queries timeline for legislation relating to Rwanda treaty

During a debate on the Safety of Rwanda (Asylum and Immigration) Bill on 12th February 2024, the Bishop of Southwark spoke in favour of a group of amendments centred around ensuring that Rwanda not be considered safe until the full implementation of the UK-Rwanda treaty, querying when a new Rwandan Asylum bill required by the treaty would be published and made operational:

The Lord Bishop of Southwark: My Lords, I will speak in favour of this group, particularly Amendments 6, 14 and 20, but I wish to avoid the circularity, as the noble Baroness, Lady Chakrabarti, was saying, that has been inevitable on something so interconnected.

The Home Secretary has said that

“we will not operationalise this scheme until we are confident that the measures underpinning the treaty have been put in place; otherwise, the treaty is not credible”.

Safety of Rwanda (Asylum & Immigration) Bill: Bishop of Lincoln supports amendments stipulating automatic right of return to the UK for refugees

During a debate on the Safety of Rwanda (Asylum & Immigration) Bill on 12th February 2024, the Bishop of Lincoln spoke in support of amendment 8 to the bill, which would insert a stipulation that those granted refugee status have automatic right of return to the UK into the bill, explaining his experience of Rwanda and urging that the UK not place a burden on the Rwandan people that the country may not be able to cope with:

The Lord Bishop of Ely: My Lords, I rise to speak because I suspect I am in a minority as one of the very few Members of this House who have had direct contact with Rwanda, having had 10 years’ engagement with the diocese of Kigali, the capital city, and the great joy of visiting the country and seeing life outside in the countryside. One of the most moving things of my nearly 40 years of ministry was praying at the national memorial for the holocaust in Kigali with a local bishop who had lost so many members of his family. He was still so distraught that I had to find the words for our prayer together.

I put on record that I have come across so many wonderful Rwandans who would be hugely great examples to us individually of the practice of forgiveness and trying to make life beautiful again after a terrible tragedy. I can think of one instance where I met a priest; most of his family had been murdered, and in an act of forgiveness he took the murderer of his loved ones into what was left of his family, because he felt there was a requirement upon him to demonstrate and show forgiveness in this terrible situation.

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