Border Security, Asylum and Immigration Bill

Debate between Baroness Hamwee and Lord Pannick

Committee stage
Monday 8th September 2025 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I too wish a swift and full recovery to the noble Baroness, Lady Jones of Moulsecoomb. Her colleague has ably set out the thinking behind this amendment. I suspect I am more sympathetic to it than some members of the Committee, but I suggest the following additional observation on a point that it demonstrates, even to those who feel very anti anyone who has committed a crime ever being able to stay in the United Kingdom.

The amendment demonstrates that Article 8 of the convention is broadly drawn, so there is room for considerable debate about where the line should be drawn on what is a necessary and proportionate interference—for example, to prevent crime or for the purposes of immigration control. A great deal of latitude has always been allowed to signatory states as to where, in the first instance, democratic politics and the elected Government of the day think that discretion should be framed. For many years, Governments of both persuasions have attempted to structure that discretion—just as the noble Baroness, Lady Jones, is doing in one direction in this amendment—by a combination of primary legislation, Immigration Rules and policy. So, anybody who says that one needs to resile from the European Convention on Human Rights because of Article 8 is either misguided or not misguided at all and is doing this for various political reasons.

I have been a lawyer for only 31 years, but my understanding is that there have been only four removal cases since 1980 in which the UK Government have been found in violation of Article 8. So, if people are upset about the way domestic courts are drawing the line in particular cases, I suggest that that is something for domestic legislation—primary or secondary legislation, rules, guidance and so on. It is in no way a justification for some of the toxic debates about international human rights that we have heard in recent days, weeks, months and years.

[Lord Pannick (CB)]

I too send my best wishes to the noble Baroness, Lady Jones of Moulsecoomb. We shall miss, for a temporary period, her distinctive contribution to this House.

I am puzzled by this amendment, essentially for the reasons my noble friend Lady Chakrabarti mentions. Article 8 of the European Convention on Human Rights is part of our law. There are suggestions that proposals may be brought forward in relation to its application, but it remains part of our law. The Minister will tell me if I am wrong, but there is nothing in the Bill that purports to remove Article 8.

Article 8 requires adjudicators, tribunals and courts to have regard to family law issues and the interests of children and parents—families—and that seems entirely appropriate. There is a balance to be struck in these cases. We are talking about the deportation of criminals. Sadly, there are people here on a temporary basis who commit serious crimes and who need to be removed. It is right and proper that the interests of families are taken into account, but that already happens. I do not see the need for the amendments.

[Baroness Hamwee (LD)]

My Lords, I am sure the noble Lord is aware that there are particular statutory provisions on additional considerations in cases involving foreign criminals, and it is those that I understand the noble Baroness is seeking to amplify.