The UK Government's "Safety of Rwanda Bill" passes second reading

What does the UK Government's "Safety of Rwanda Bill" mean for human rights in the UK? 

19 December 2023

Photo of the Houses of Parliament and Big Ben, taken from Westminster bridge, with a bright blue sky.

On Tuesday 12th December 2023, MPs came together to debate and vote on the Safety of Rwanda (Asylum and Immigration) Bill (“Safety in Rwanda Bill”). The second reading of a Bill (proposed law) is the first opportunity for MPs to debate its main principles. At the end of the debate, the House of Commons voted with 313 MPs voting for the legislation and 270 against, giving the UK Government a majority of 43, meaning that the Bill will progress to the next stage of the law-making process. There are a number of stages to making a Bill a law, which we discuss in our explainer, How are laws made?

What is the Safety of Rwanda Bill?

The stated purpose of this Bill is “to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by enabling the removal of persons to the Republic of Rwanda for under provisions [in the] Immigration Acts.” The Bill “seeks to confirm the safety of the Republic of Rwanda as a safe third country, thereby enabling the removal of persons who arrive in the UK.” This piece of domestic law is to address the Supreme Court's Rwanda policy decision from 15 November, which said that the Rwanda scheme was unlawful because Rwanda is not a safe country. It is separate to the treaty between the UK and Rwanda.

What is the Treaty between the UK and Rwanda?

The Home Secretary signed the treaty with Rwanda on 6 December in order to strengthen the UK and Rwanda’s migration partnership. The joint treaty sets out the details of the plan for removing people seeking asylum from the UK to Rwanda. A treaty is an agreement between governments that is legally binding on the two countries under international law.

The treaty contains significant new safeguards and assurances about how people removed from the UK to Rwanda will be treated, and how their claims to asylum will be handled. As explained by Institute for Government, “it provides that Rwanda cannot send a relocated individual (even if not granted refugee status) to any other country – except back to the UK, if the UK so requests. There is also to be an independent monitoring committee, a joint committee to discuss best practice, and a new appeal body.”