Illegal Migration Bill

Lord Dubs Excerpts

Report stage
Wednesday 28th June 2023 Lords Chamber

Moved by

[Lord Dubs]

14: Clause 4, page 6, line 11, after “2” insert “and does not fall within the exceptions in section 3”
Member’s explanatory statement
This amendment would make asylum and human rights claims admissible from unaccompanied children, who are exempted from the duty to remove by Clause 3. This would continue current policy under which unaccompanied children’s asylum claims are not subject to the inadmissibility regime.

[Lord Dubs (Lab)]

My Lords, I am grateful to the noble Lord, Lord Scriven, the noble and learned Baroness, Lady Butler-Sloss, and the right reverend Prelate the Bishop of Durham for supporting this amendment.

The issues are pretty clear and I shall be ever so brief. We have been over these arguments in principle both in Committee and, implicitly, in some of the earlier amendments on Report. The clear point is this: the impact of the Bill will be that children claiming asylum in the UK will automatically be turned away, based on the method by which they have travelled and arrived in the UK. That, in effect, will mean that children will be refused an application for asylum, regardless of their need for protection as child refugees.

This is in the light of the most recent figures, which show that, of all the unaccompanied children who arrived and whose cases were determined, 86% were given refugee status. Therefore, we are saying no to the equivalent children who will be coming in the future. We are dealing with some of the most vulnerable of all refugees. We know that. Even the Minister said in Committee:

“We recognise the particular vulnerabilities in relation to unaccompanied children”.—[Official Report, 5/6/23; col. 1168.]


There has been virtually nothing in the impact assessment about children. At Question Time the other day, the noble Lord, Lord Hannay, referred to the United Nations Committee on the Rights of the Child. Earlier this month, the committee expressed concerns about the potential impact of the Illegal Migration Bill on children and went on to specify in detail how it would work.

The Government seem to think that, by having this, somehow children will stop coming over. I do not believe there is any evidence to support that. I have talked to some of the children in the Calais area. Those who get to Calais are absolutely determined to continue their journey.

The Government seem to think that most of the world’s refugees should claim asylum in the first safe country they reach. Most of the world’s refugees, in any case, are in countries adjacent to the one they fled. We know that the majority of children who reach France claim asylum there; it is a minority who claim asylum in this country.

What we are doing with this Bill is shutting the door on some of the most vulnerable human beings on earth: refugee children. These are children who have escaped the most appalling situations. The Government was wobbly even in the Commons during Report on this issue, and the right thing would be for them to accept this amendment. There is absolutely no argument why they should turn their backs on children, the most vulnerable refugees that there are. I beg to move.

[Lord German (LD)]

My Lords, I will speak to the second amendment in this group, which is in my name and the name of the noble Lord, Lord Kerr. I declare my interests as set out in the register. I obviously support the amendment from the noble Lord, Lord Dubs, as an absolutely important amendment.

The amendment I am proposing has two purposes. The first is to provide a route out of the limbo which thousands of people could fall into if they were not removed from this country and had to remain here without any opportunity to make their case. The second purpose is to provide a backstop for the Government so that they can bring matters to a conclusion where there is no conclusion in this Bill.

This amendment provides a backstop for the Government if, for whatever reason, an individual cannot be removed within six months. It means that the Government do not have to indefinitely support them. The Government can consider their asylum claim in the UK which, if successful, means they can get on with their life in the United Kingdom. If it is unsuccessful, they can be removed to their country of origin. Without this amendment, the Government are unable, because of the powers in the Bill, to consider their asylum application in the United Kingdom. So, if a safe third country cannot be identified for a person’s removal, the Home Secretary has no way to discharge the responsibility to them.

The economic impact assessment of the Bill assumes that people will be detained for 40 days before removal. In fact, I will quote the Minister at the beginning of today’s debate. He said:

“We need a scheme that will enable removals in days and weeks, not … in months”.


If that is the case, and the Government are true to their meaning, this backstop will never apply. But it is a backstop in case it does not work. We have not seen the evidence that it might work. The backstop will ensure that taxpayers’ money is not tied up in supporting thousands of people indefinitely. It is not a commitment to spend additional money but a financially prudent course of action that will help planning for both national Government and local authorities in this country.

This amendment also recognises the human dignity of each individual. Keeping them in a state of limbo, unable to support themselves and their families, and dependent on the state, is not healthy for any society. It has the great risk of fuelling exploitation in the United Kingdom.

The migration and economic development partnership with Rwanda is currently the only removal agreement that the UK has in place that includes third country nationals. The legal and practical challenges faced by that scheme are well documented and, even if it becomes operational, it will not be possible to remove to Rwanda all of the thousands of people whose claims are deemed inadmissible. That is why this backstop clause for the Government is so important.

--- Later in debate ---

For these reasons, I invite the noble Lord, Lord Dubs, to withdraw his amendment.

[Lord Dubs (Lab)]

My Lords, obviously I find the Minister’s reply disappointing. He dangled an incentive that there might be some regulations in the future that might do something to ameliorate the provisions of the Bill—but that is not good enough. We are dealing with very vulnerable people, and if the Minister wants to threaten them by saying that we will treat them badly, because that will stop them wanting them to come, there is no point dangling some regulation for the future that might change that. That does not seem logical to me.

I wish the Minister had been with me when I was talking to a young man who came to this country when he was 15 or 16, but who would not have been able to come here under the provisions of the Bill. He was so excited to be here. He was in education and wanted to be an athletics instructor, and he was jolly good at it.

Finally, I was talking to a young Syrian outside the Palace a few years ago—again, he was 14 or 15. This may not be a very telling argument, but I will describe it anyway. He pointed at this Palace and asked me, “You know what I want to do in life?”. I said no and asked him to tell him. He said, “I want to become an MP”.

These are the sorts of people who would benefit from the amendment. It is only humane that we should pass the amendment. I wish to test the opinion of the House.