Border Security, Asylum and Immigration Bill

Debate between Baroness Lawlor and Lord Oates

Committee stage
Monday 8th September 2025 Lords Chamber

[Baroness Lawlor (Con)]

My Lords, I will just intervene on this interesting exchange between the noble Lord, Lord Pannick, and my noble friends on Amendment 203A. The question this raises—I say this really as a question—is: is it not the case that people in this country who want our borders strengthened and immigration controlled may perhaps consider that convicted offenders from overseas who are not British citizens should not enjoy the same rights, privileges and protections after a conviction as a UK citizen should?

I understand that we are bound by international regulations and international law. None the less, as my noble friend has said, there have been derogations from the law, not least by Germany, which has in fact withdrawn legal aid from those appealing. The French Government, in defiance of their own courts, very often deport overseas offenders. Therefore, although it is a very persuasive intervention by the noble Lord, Lord Pannick, there is a wider context in which this group of amendments is being spoken to.

[Lord Oates (LD)]

My Lords, I will speak very briefly in support of the comments by the noble Lord, Lord Pannick, and shall give one example as to why automatic removal regardless of the circumstances is so wrong. The noble Lord, Lord Harper—whom I was lucky to work with many years ago in the coalition Government and am glad to see here—raised a point that a number of other Lords have also mentioned: people who have come to this country and have been afforded protection by it should understand the consequences if they breach the law. That is an understandable point to make.

However, I will give one example. Take a small child who came to the UK, whose parents became British citizens and who had assumed that they were in fact a British citizen, who had committed a crime and was sentenced to prison—and, under this amendment, was therefore subject to automatic removal—but the national referral mechanism competent authority later found that they were a victim of modern slavery for the purpose of forced criminality. That person would have no right of appeal, none of the circumstances of the case would be considered and they would be deported automatically to a country that they have never been to and where people speak a language that they do not understand. It would be wholly wrong for that to happen without any mechanism for a court or tribunal to consider it. I very strongly support the noble Lord, Lord Pannick, and oppose these amendments.