Cleverly Pledges to Upgrade Rwanda Deal to Treaty Status to Appease Supreme Court

The home secretary, James Cleverly, has pledged to soldier on with the Rwanda policy and says changes will be made to get it passed the UK Supreme Court.
Cleverly Pledges to Upgrade Rwanda Deal to Treaty Status to Appease Supreme Court
James Cleverly, secretary of state for Foreign, Commonwealth and Development Affairs arrives for a cabinet meeting at 10 Downing Street in London, England, on Oct. 17, 2023. Dan Kitwood/Getty Images
Chris Summers
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The home secretary, James Cleverly, has refused to dump the government’s controversial Rwanda policy following a UK Supreme Court ruling that it was unlawful and has said he plans to upgrade it to a treaty, “as soon as possible.”

On Wednesday five UK Supreme Court judges unanimously agreed with the Court of Appeal ruling that the policy was unlawful in its present state.

In the ruling, Lord Reed, the president of the Supreme Court, said the “legal test” was whether there were “substantial grounds” for believing asylum seekers sent to Rwanda would be at “real risk” of being sent back to the countries they came from where they originated and where they might face “ill treatment.”

The home secretary said the Supreme Court ruling was based on facts which were 15 months out of date.

But Mr. Cleverly told MPs on Wednesday: “Nothing in the Supreme Court judgment today dims our commitment. The Supreme Court has said there are issues with Rwanda’s asylum system which could create the possibility of someone being returned to a country where they could face persecution.”

‘We Anticipated This Judgment’

He said the government had a plan to address the Supreme Court’s concerns and added, “We anticipated this judgment as a possible result and for the last few months have been working on a plan to provide the certainty that the court demands.”

Mr. Cleverly said, “We have been working with Rwanda to build capacity and amend agreements with Rwanda to make clear that those sent there cannot be sent to another country than the UK.”

He said the government intended to upgrade the agreement one of his predecessors, Priti Patel, agreed with the Rwandan government in April 2022, to a treaty as soon as practicable.

“That will make it absolutely clear to our courts and to Strasbourg that the risks laid out by the court today have been responded to, will be consistent with international law and ensure that Parliament is able to scrutinise it,” Mr. Cleverly added.

The Hope Hostel in Kigali, Rwanda on June 14, 2022. (PA)
The Hope Hostel in Kigali, Rwanda on June 14, 2022. PA

The home secretary reiterated, “We have a plan to deliver the Rwanda deal and we will do whatever it takes to stop the boats. Illegal immigration is a huge global challenge and that challenge is growing.”

But the shadow home secretary, Yvette Cooper, said the Rwanda policy was a “complete failure” and should be scrapped.

She welcomed Mr. Cleverly to his new role but took great pleasure in pointing out he was the, “eighth Conservative home secretary in eight years.”

Labour Says Cleverly has Inherited a ‘Mess’

Ms. Cooper said: “What a mess he has inherited. The court conclusions today are damning. It exposes the complete failure of the prime minister’s flagship Rwanda policy, exposes a complete failure of the prime minister’s judgment in making it the central part of his policy, and the complete failure of the Conservatives to get the most basic grip of their boats and asylum chaos.”

She said: “The court outlined the catalogue of problems with the policy, but ministers knew all about them. When it was first announced 18 months ago, I raised the problems with the Israel-Rwanda deal. They were warned many times about failures and weaknesses in the Rwanda asylum system but they just pressed on.”

Ms. Cooper said £140 million of taxpayers’ money had been “wasted” on the Rwanda agreement, money which was not refundable.

President Donald Trump and Rwanda's President Paul Kagame holding a bilateral meeting on the sidelines of the WEF in Davos, on Jan. 26, 2018. (Nicholas Kamm/AFP/Getty Images)
President Donald Trump and Rwanda's President Paul Kagame holding a bilateral meeting on the sidelines of the WEF in Davos, on Jan. 26, 2018. Nicholas Kamm/AFP/Getty Images

Mr. Cleverly’s predecessor, Suella Braverman, wrote a letter to the prime minister, Rishi Sunak, on Tuesday in which she was heavily critical of him and accused him of not having a “credible Plan B” in the event the Supreme Court ruled against the government on the Rwanda policy.

Ms. Braverman wrote: “Your magical thinking—believing that you can will your way through this without upsetting polite opinion—has meant you have failed to prepare any sort of credible ‘Plan B.'”

But Downing Street has brushed aside Ms. Braverman’s comments and a spokesman for the prime minister said he had spoken to Rwanda’s President Paul Kagame on Wednesday morning in the wake of the Supreme Court ruling.

The Downing Street spokesman said, “He thanked President Kagame for his government’s work over the last 15 months and the extra assurances we have already agreed as they said they would continue to work together to address the court’s concerns.”

“Both leaders reiterated their firm commitment to making our migration partnership work and agreed to take the necessary steps to ensure this is a robust and lawful policy, and to stop the boats as soon as possible,” he added.

PA Media contributed to this report.
Chris Summers
Chris Summers
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Chris Summers is a UK-based journalist covering a wide range of national stories, with a particular interest in crime, policing and the law.
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