Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I understand the point the noble Baroness is making; it is a very valid point. But what deduction should one draw? One of the tasks of the legal advisers in the Foreign Office is to lead on the development of international law. I do not argue that international law is set for all time, fossilised and ossified. Where are the proposals from the noble Baroness and her friends for the future development of international law? Why does she simply say that we must pull out of the bits we do not like? Where are the ideas for reforming and advancing? That is where the hem of history is going.

[Lord Murray of Blidworth (Con)]

My Lords, tempted though I am to engage with the noble Lord, Lord Kerr, on that very interesting philosophical question, that might be beyond the ambit of this particular amendment.

I will speak in particular to Amendment 33, which I oppose because it has no purpose. I remind the Committee that Section 4 of the Human Rights Act provides to the courts, at High Court level and above, a power to make a declaration of incompatibility, but the section itself is clear. Section 4(6) of that Act sets out in crystal clear terms:

“A declaration under this section (‘a declaration of incompatibility’) … does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and … is not binding on the parties to the proceedings in which it is made”.


In those circumstances, the noble Baroness, Lady Chakrabarti, said that this amendment is required to preserve some sort of responsibility belonging to this Parliament. That seems to be a misreading of Section 10 of the Human Rights Act, which provides a power to take remedial action. The important part in Section 10(2) says:

“If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility”.


It is therefore clear that, if there is a declaration of incompatibility, the default setting is that the law continues as passed by this Parliament. Therefore, there is no need for the amendment proposed by my noble friend Lord Kirkhope because it is clear that, if no remedial order is laid, the law remains as it is.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Committee stage
Monday 12th February 2024 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for giving way. Does he agree that the divisional court in the Rwanda proceedings upheld the principle of remote, third-country processing—that it was lawful in UK law—and that decision was upheld in the Court of Appeal and was not appealed further to the Supreme Court? So I think the noble Lord would agree that it is unquestionably and entirely lawful.

[Lord Kerr of Kinlochard (CB)]

It is a breach of international law. The noble Lord made the same point when we had the same debate at Second Reading. It is at variance with the refugee convention and with the European Convention on Human Rights Articles 2, 3 and 13. It may be that in the UK domestic courts it is not seen as a problem; it certainly does not seem to be seen as a problem by the noble Lord, Lord Murray. For me, it is a problem. For a country which purports to support the international legal system, it should be a problem.

Asylum Applications Backlog

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

No is the short answer. The Home Office is committed to ensuring that the asylum system is not open to abuse. By promptly withdrawing asylum claims from non-compliant individuals, we are ensuring that decision-making resources are concentrated on those who genuinely wish to continue with their asylum claims within the UK. Asylum seekers can withdraw their claim, should they no longer wish to claim asylum in the UK, and may do so for a variety of reasons, including that they want to leave the UK or have permission to stay on another basis. Asylum claims may also be withdrawn where the individual fails to comply with the asylum process or absconds before a decision is made on their claim.

[Lord Kerr of Kinlochard (CB)]

Following the question from the noble Lord, Lord Ricketts, will the Minister confirm that, as reported in today’s press, it will no longer be possible to charge to the aid programme the costs of asylum seekers whose claims are deemed inadmissible under the Illegal Migration Act?

[Lord Murray of Blidworth (Con)]

I have not seen the article to which the noble Lord refers. I will of course look at it and reply to him in due course.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Consideration of Commons amendments
Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, His Majesty’s Government cannot accept any of the proposed amendments. I shall deal first with the matter raised by the noble Lord, Lord Kerr, in relation to his Motion B1 and his amendment concerning a proposed subsection (3C) where subsection (3) would not apply

“if the reason that the person has not been removed from the United Kingdom can be attributed to the actions of that person”.

I suggest that that phrase would generate a tidal wave of litigation were this amendment to be accepted. It would make the statute wholly uncertain and, I suggest, open a very large loophole in the scheme of the Bill.

I turn to the points raised by the noble and learned Baroness, Lady Butler-Sloss, and the right reverend Prelate the Bishop of Bristol in relation to the provisions concerning the responsibility in respect of children. I can reassure both the noble and learned Baroness and the right reverend Prelate that we are working closely with DfE on the implementation of this Bill, but I am afraid that I cannot accept the other propositions that they advanced.

Finally, in response to the noble Lord, Lord German, it is not our intention to “lock up children”, as he put it, under this Bill. It is our intention to have the power to do so should that be necessary in very rare circumstances. For those reasons, I invite the House to reject these amendments in the event that they are not withdrawn.

[Lord Kerr of Kinlochard (CB)]

The Minister said at the outset that Motion B1 contained no substantive change. He has now asserted that it contains a change that would be unworkable, wrecking and mammoth. He ought to make up his mind; but I hope the House’s mind is made up that we are not prepared to see sine die incarceration. I ask to test the opinion of the House.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Report stage
Wednesday 28th June 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, as the noble Baroness, Lady Chakrabarti, has set out, Amendment 5 seeks to replace Clause 1 with a new clause that provides that nothing in this Bill requires an act or omission that conflicts with the five international agreements specified in the amendment. This includes the European Convention on Human Rights. Amendment 4, tabled by the noble and learned Lord, Lord Hope, is focused on compatibility with the ECHR. As I have repeatedly said in the debates on the Bill, and to reassure my noble friends Lady Helic and Lord Cormack, the Government take their international obligations, including under the ECHR, very seriously, and there is nothing in the Bill that requires any act or omission that conflicts with UK international obligations. Amendment 5 is therefore, on one level, unnecessary. But what might be viewed as a benign amendment takes a wrecking ball to our long-established constitutional arrangements, with uncertain consequences, as outlined by my noble friend Lord Wolfson.

Along with other countries with similar constitutional arrangements to the UK, we have a dualist approach, where international law is treated as separate to domestic law and incorporated only by domestic law passed by Parliament through legislation. We have, of a fashion, reproduced in domestic law aspects of the text of the ECHR through the Human Rights Act 1998, but that is not generally the case with other international instruments listed in the amendment.

The effect of this amendment would be to allow legal challenges based on international law in the domestic courts. As my noble friend Lord Wolfson has eloquently explained, this amendment would incorporate these instruments into our domestic law by the back door, thereby making substantive changes to the Bill. I therefore have to disagree with the noble and learned Lord, Lord Etherton, on the effect of Amendment 5. As my noble friend said, this is wrong in principle and far from being an academic point for the lawyers. There is a legitimate case to be made for incorporation but this is not the Government’s intention, and we should not make such a fundamental change to our domestic law on the basis of a two-hour debate in Committee and a rather shorter one again today.

The noble Baroness, Lady Fox of Buckley, hit the nail on the head in her insightful contribution in Committee. In the Bill we are legislating to prevent and deter the small boats by putting in place a scheme that makes it unambiguously clear that if you arrive in the UK illegally, you will not be able to stay; instead, you will be detained and returned to your home country or removed to a safe third country. That is the proposition we are seeking to put on the statute book. That is the proposition which Parliament will have endorsed and, having done so, that is the proposition that our courts should give effect to. As the noble Baroness said, we risk undermining the reputation of this place and the elected House if the clear intent of Parliament can be unravelled by this misguided amendment.

On the amendment in the name of the noble and learned Lord, Lord Hope, the Government have published two memoranda addressing issues arising under the ECHR, and I remain unpersuaded of the case for statutory guidance on how the Bill’s provisions are to be implemented compatibly with convention rights. It will undoubtedly be necessary to provide Home Office staff and others with appropriate guidance to support the implementation of the Bill. In the Government’s view, it would not be appropriate for such routine operational guidance on the implementation of a particular Act to be subject to parliamentary approval.

Amendments 13 and 16, in the name of the noble and learned Lord, Lord Etherton, would strike out Clause 4(1)(d), which makes it clear that the duty on the Home Secretary to make arrangements for the removal of a person who meets the conditions in Clause 2 applies regardless of any judicial review challenge to their removal. The noble and learned Lord’s explanatory statement for Amendment 13 describes it as consequential on Amendment 5. It may well be the noble and learned Lord’s intention to provide for judicial review challenges to removal—whether on ECHR grounds or otherwise—to be suspensive of removal, but that is not the Government’s stance, and I do not accept that his amendment is consequential on Amendment 5. We need a scheme that will enable removals in days and weeks, not, as now, in months and years. Clause 4(1) is critical to achieving that objective and I cannot support its evisceration.

Finally, as regards Amendments 1 to 3, I simply remind the noble Baroness, Lady Chakrabarti, that it is an offence to knowingly enter the United Kingdom without the required leave or to arrive without valid entry clearance or electronic travel authorisation. That being the case, Clause 1(1) quite properly refers to “unlawful migration” and “illegal routes”.

In response to the point raised by the right reverend Prelate the Bishop of Chelmsford, I point out that the refugee convention is clear that states can still operate controls on illegal migration. Under Article 31, it is indeed expressly permitted to disadvantage those who have arrived illegally from safe countries, which is true of all who come from France. This embodies the first safe country principle, in the sense that Article 31 protections apply only to those who have come directly from unsafe countries. The first safe country principle is widely recognised internationally, including in the common European asylum system, which is a framework of rules and procedures operated by the EU countries together, based on the refugee convention.

These amendments, particularly Amendment 5 but also Amendment 13, go to the heart of the workability of the Bill. Your Lordships’ House has a choice: either we can continue to accept the status quo, which could see the £3.6 billion spent on supporting asylum seekers in 2022-23 mushroom to £11 billion a year, or £32 million a day, by 2026, or we can back the Bill, retain Clause 1 and Clause 4(1)(d), and stop the boats. The House should be in no doubt that these are wrecking amendments. I therefore invite the noble and learned Lord, Lord Hope, not to press his Amendment 4, and ask the noble Baroness, Lady Chakrabarti, not to press her amendment. However, were she to do so, I would have no hesitation in inviting your Lordships’ House to reject the amendment.

[Lord Kerr of Kinlochard (CB)]

With reference to what has just been said about the first safe country principle, I would point out to the Minister and to the House that the UNHCR is on record from last week as authoritatively, formally saying that there is no requirement in international law for an asylum seeker to seek protection in the first safe country they reach. We may not like what the umpire says, but he is the umpire.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Committee stage
Wednesday 14th June 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Lister, for her clarification of the statistic used in the earlier debate on age assessments.

Turning to the remarks of the right reverend Prelate the Bishop of Durham, I am heartened to hear, and indeed I entirely agree with him, that this group particularly highlights a point on which all across the Chamber are agreed—that there should be safe and legal routes—and the question is about the mechanics of that safe and legal route and how it fits with the scheme in the Bill to deter people embarking on dangerous journeys across the channel. It is in the spirit of that consensus that I conclude this debate.

Before I turn to the amendments, it may assist the Committee if I say a little about Clauses 58 and 59, not least as this will provide important context for the examination of the amendments. This Bill will introduce for the first time a cap on the number of people entering the UK through safe and legal routes based on local authority capacity. Clause 58 sets out how that cap will be developed and agreed. In answer to the question posed by the noble Baroness, Lady Chakrabarti, the cap is being introduced in recognition of the limited capacity that local authorities have to house and support through integration and local services, such as health and education, those in need of resettlement in the UK, a point well made by the noble Lord, Lord Green.

In recent years, following the fall of Kabul and the war in Ukraine, we have welcomed and provided sanctuary to larger numbers of people than we could comfortably manage because it was the right thing to do, and I appreciate the remarks that the noble Baroness, Lady Chakrabarti, made in relation to that. Going forward, it is right that both Houses have the opportunity to debate and approve through the affirmative procedure—which I can confirm to the noble Lord—the numbers to be admitted to the UK each year through safe and legal routes. That is the purpose of Clause 58. Local authorities have been required to provide accommodation for these large cohorts and subsequently there is no longer sufficient capacity in our system for our UNHCR-referred global settlement schemes to function in the way in which they were intended.

At this point, I wish to clarify this route for the benefit of the noble Lord, Lord Purvis. The UK’s global resettlement schemes do not involve an application process. Instead, those who have sought sanctuary in the first safe country should on arrival register with the relevant authorities as a person in need of international protection. The UNHCR is expertly placed to help the UK authorities identify and process vulnerable refugees who would benefit from resettlement in the UK and has responsibility for all out-of-country casework activity relating to our resettlement schemes.

I remind the Committee, especially my noble friend Lady Helic, that even under our current constraints between 2015 and March 2023 the UK resettled more than 28,400 individuals under UNHCR resettlement schemes, around half of whom were children. I should be clear that the cap does not remove any routes or change our willingness to help. However, consulting on capacity and developing the cap figure based on the response is the right way to continue offering resettlement pathways to the UK for those in need of our protection as part of a well-managed and sustainable migration system.

[Lord Kerr of Kinlochard (CB)]

I apologise for missing the start of this debate as I was in a committee. Will the Minister explain why Clause 58 imposes a cap on the maximum number of people who may enter the United Kingdom, not the maximum number of asylum seekers, using safe and legal routes—in other words, tourists, businessmen, or whatever? They tend to come by safe and legal routes. I do not understand the drafting. Secondly, will the Minister consider the cart and horse problem? He has said more than once—I hope I have got it correctly—that once illegal immigration is under control the Government will create new safe and legal routes. However, the way of getting the illegal immigration problem under control is by creating safe and legal routes. Will he address that point?

[Lord Murray of Blidworth (Con)]

I appreciate that the noble Lord was unable to be here at the beginning of the debate. I hope that Clause 58(1) makes it clear that the regulations must specify

“the maximum number of persons who may enter the United Kingdom annually using safe and legal routes”.

There is a cross-reference to subsection (7), where noble Lords will see that “safe and legal route” is a defined term. It means

“a route specified in regulations made by the Secretary of State”.

Those regulations will clarify what that term means.

[Lord Kerr of Kinlochard (CB)]

I understand the Minister’s point, but it does not answer the question that I asked: why does the clause talk about “persons” rather than asylum seekers?

[Lord Murray of Blidworth (Con)]

It is because that is the structure of the legislation, and it simply makes for good parliamentary drafting. There it is. Forgive me: I shall make some progress because we have a lot of groups to deal with.

Clause 58 provides for the Home Secretary to consult local authorities, and any other organisation or person deemed suitable, to understand their capacity. The cap figure, and by extension the routes to be covered by the cap, will be considered and voted on in Parliament through a draft affirmative statutory instrument. The cap will not automatically apply to all current and new safe and legal routes that we offer or will introduce in the future. The policy intention is to manage the accommodation burden on local authorities, and my officials are currently considering which routes are most suitable to be included within the cap.

Alongside the cap on safe and legal routes, Clause 59 further requires the Home Secretary to publish a report on existing and any proposed new safe and legal routes. In response to the right reverend Prelate, we will continue to work with the UNHCR and other organisations as the Secretary of State considers appropriate in devising proposed additional safe and legal routes.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

In due course— I am very grateful. All these questions make it clear that bringing up legal migration is irrelevant to the Bill, a point that relates to comments made by the noble Lord, Lord Paddick. The issue for the Bill is that the UK Government and local authorities have limited capacity to provide or arrange accommodation, hence a sensible cap is needed. There are other questions we need answers to. Are these safe passage visas to be given to young single men at the expense of those in more pressing need of sanctuary in the UK?

[Lord Kerr of Kinlochard (CB)]

I hope the Minister will reflect before Report on the point made by the noble Lord, Lord Winston. I do not recall a cap on Czechs in 1968 or on Hungarians in 1956. There was no cap on Germans and Austrians in 1938 and 1939. The reputational damage to this country done by the idea of a cap would be considerable. It could be defused if the Government would consider an amendment to Clause 58(3) which made it clear that a change of international circumstances, as well as a change of domestic circumstances, could create the need to change the number. To me, the horror is that we are doing this all endogenously, as if needs have nothing to do with what happens exogenously in the world out there—so if something awful happens in the world, we will pay no attention because we will be concerned about the consultation we had with local authorities about houses.

[Lord Murray of Blidworth (Con)]

I am not sure the noble Lord and I actually differ on the points raised by the noble Lord, Lord Winston. It seems to me that the impact on the national reputation of Britain is not relevant, given the provision for the cap to be varied in the event of an international emergency such as he outlined. As he will see, Clause 58(3) states:

“the Secretary of State considers that the number needs to be changed as a matter of urgency”.

He can provide that regulation to both Houses of Parliament without consulting, and therefore the matter will be capable of discussion and approval and the cap lifted. In reality, I do not think there is any risk to our national reputation as a place which takes its obligations of international protection seriously.

[Lord Kerr of Kinlochard (CB)]

My Lords—

[Lord Murray of Blidworth]

Forgive me, I have taken an awful lot of interventions, and I am very conscious of the time. I ask the noble Lord to keep this intervention until the end and allow me to make some progress.

I will return to the amendment. If, on the other hand, some numerical limit is envisaged, these schemes will not stop the boats and they are not an alternative to the Bill. Those who do not qualify for a safe passage visa will continue to be exploited by the people smugglers, all too ready to continue to take their money on the false promise of a new life in the UK.

As I have set out, we are ready to expand existing safe and legal routes as we get a grip on illegal migration, and the Bill already provides for this. That is the way forward, not amendments which exacerbate the current challenges. I commend Clauses 58 and 59 to the Committee and invite the right reverend Prelate to withdraw his amendment.

[Lord Kerr of Kinlochard (CB)]

I was very encouraged by the answer the Minister gave. He seems to be saying that the needs referred to in Clause 58(3) could be exogenous as well as endogenous: that the cap could be raised in response to an urgent need even if that need had nothing to do with housing here but something to do with massacre or war abroad. If that is the case, could that not be made clear in the Bill by a government amendment to Clause 58(3)?

[Lord Murray of Blidworth]

I can certainly think about that. I will take it away, but I do not think we are terribly far apart.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am afraid I cannot do more than say that the impact assessment will be published in due course.

[Lord Kerr of Kinlochard (CB)]

The Minister really should say whether an impact assessment was produced. I apologise for reverting; I was the one who raised the question of the impact statement. I am not terribly happy with the message that the Minister is conveying. The noble Baroness, Lady Lister, put her finger on it. Presumably the Government did their own assessment of the impact of the policy that is reflected in the Bill; therefore, an impact assessment of some kind existed. If it did not exist, I do not know how the Government could have decided to adopt this policy. If it does exist—I am sure it does, in some form or another—the noble Lord, Lord Cormack, and the noble and learned Baroness, Lady Butler-Sloss, are surely right. We are being asked to take a decision without knowing its effect. We do not know—other than breaking humanitarian law and international commitments—what practical effect the Bill will have. Therefore, before we finish Committee, the Minister should change his line and let us have it.

[Lord Murray of Blidworth (Con)]

I am afraid that I must disagree with the noble Lord. The point about the Bill is that we know that deterrence has effect, and we have seen that, as the Prime Minister announced this morning, in relation to the effect of our returns agreement with Albania.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

To my mind, I have set out the detail, but of course I will go back and give it further thought.

[Lord Kerr of Kinlochard (CB)]

The Minister made a slightly unconvincing effort to persuade us that what is envisaged is in the best interests of the child. It rested on a couple of planks. One was that the safest route for the child will be to stop in the first safe country they come to. Hundreds of thousands of them do. If you go to look at the camps in Turkey, Greece or the Lebanon, you see that there are hundreds of thousands of unaccompanied children who have fled from conflict zones and are there. I am not sure that it is in their best interests to be there. There is a minuscule number who come here, perhaps because they speak English and not Greek or Turkish, perhaps because they have family or connections here, or perhaps they have the possibility of a home here. I cannot see why it is in their best interests to go into the camps in the first safe country they come to you and not come to their connections, family or prospects in this country.

[Lord Murray of Blidworth (Con)]

I know that the noble Lord and I do not agree, but the international law position is that children, and indeed asylum seekers, cannot be selective about where they wish to seek asylum. It is not an evaluative decision that an applicant can make. That is not the way the refugee convention works and, as we made clear at Second Reading, and as I think was widely accepted across the House, we sadly cannot take everyone who would want to come here—and that, I am afraid, is almost the logical corollary of what the noble Lord suggested.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am afraid that I again find myself at odds with the noble Lord. The reality is that the UN itself relocates refugees to Rwanda. As I say, there is no suggestion that people’s asylum claims will not be dealt with under this scheme; their asylum claim will be dealt with in Rwanda once they are removed, and that is entirely compatible with the convention. There is no requirement on a member state of the convention to determine asylum claims within its own territory. That is abundantly plain.

[Lord Kerr of Kinlochard (CB)]

The Minister says there is no requirement in the convention for a convention state to handle an asylum request on its own territory, but surely the deal with Rwanda rules out our ever hearing these cases. In Rwanda, people are allowed to apply for asylum in Rwanda, but their case for asylum in the United Kingdom will never be admitted. Is that not correct?

[Lord Murray of Blidworth (Con)]

That is entirely correct, yes. Their asylum claim will be determined by the Government of Rwanda. That is the system that the High Court found to be entirely lawful in December.

If Amendment 7 were agreed, removing the third condition, the duty to remove would also apply to those who had come directly from a country where their life and liberty were threatened, and I am sure that is not what the noble Lord would want.

Amendment 8 in the name of the noble Lord, Lord Cashman, also relates to the third condition. I put it to the noble Lord that the wording in Clause 2(4), referring to threats by reason of a person’s race, religion, nationality, membership of a particular social group or political opinion, reflects the definition of a refugee in Article 1 of the refugee convention. We have heard a lot today about adherence to the refugee convention and other international treaties. There may be a case for amending the definitions in the convention to reflect the world of today rather than what it was in 1951, but we should not put the cart before the horse and insert wording in the Bill at odds with the current wording of the convention.

I add that the reference to membership of a particular social group may, on the facts of a particular case, cover a person fleeing persecution on the basis of their gender, sexual orientation or gender identity. Lastly, it is not right to suggest, as the noble Lord does, that the Bill removes individualised assessments. It does not. Officials will make assessments and those can be challenged, including by way of suspensive claims, as we have already discussed.

Amendment 9 tabled by the noble Baroness, Lady Hamwee, would remove subsection (7). This ties in with the fourth condition, which is that a person requires leave to enter or remain in the UK but does not have it. We will have a fuller debate about unaccompanied children later in Committee, but subsection (7) recognises that the duty to remove does not apply to unaccompanied children, and where they are not to be removed under the power conferred in Clause 3, the expectation is that they will normally be provided with temporary permission to remain in the UK until they are 18 years old under provisions to be made in the Immigration Rules. If subsection (7) is removed from Clause 2, an unaccompanied child given this temporary permission to remain would not then satisfy the fourth condition, thereby undermining our approach to unaccompanied children. As I say, we will have a fuller debate on this issue when we get to Clause 3, which feels like some time away.

The noble Baroness, Lady Hamwee, also has Amendment 10, requiring the Home Secretary to inform people when it has been decided that the duty to remove applies to them. Such information would include providing details of any evidence relied upon to make that decision. We have already provided, in Clause 7(2), for a person to be issued with a removal notice detailing, among other things, their right to make a suspensive claim. It is implicit in these provisions that the issue of a removal notice follows a determination that the person satisfies the four conditions in Clause 2. The four conditions relate to issues of fact. A person in receipt of a removal notice will themselves know, or ought to know, whether the conditions apply. If they have compelling evidence that the Home Secretary has made a mistake of fact, they can submit a factual suspensive claim to challenge the removal notice. We will return to those provisions, too, in due course in Committee.

Amendment 11 was spoken to by the noble Lord, Lord Coaker, and others. As we will come on to in later clauses, we have made particular provision for potential victims of modern slavery who are co-operating with law enforcement agencies, and it is necessary for them to remain in the UK in furtherance of such co-operation. In later debates, we will address the wider issue of the progress being made by the NCA and others in tackling the criminal gangs that are not perpetuating human trafficking but are engaged in people smuggling. It is worth also noting, in response to the noble and learned Baroness, Lady Butler-Sloss, that if an individual who had been trafficked came forward, they would be sent only somewhere where they would be safe—whether their own home country, if it was safe, or a safe third country. In all cases, they would no longer be in the control of their trafficker.

A key purpose of the Bill is to break the business model of the people smugglers. That will not happen if we undermine the central tenet of the Bill: that if you come here illegally you cannot stay, and instead you will be liable to detention and promptly removed. If we build exceptions and loopholes into the fabric of the Bill, it will be undermined and will not work. If those coming over on small boats have information that will assist in the investigation of people-smuggling offences, they can provide it, but this cannot be a reason to delay removal. Any co-operation with law enforcement agencies can, if appropriate, continue from abroad. If the experience of the pandemic has taught us anything, it is that a lot can be achieved remotely. Indeed, our domestic courts and law enforcement are well used to this by now.

Finally, Amendment 12 in the name of the noble Baroness, Lady Ritchie of Downpatrick, deals with the issue of entry into the United Kingdom over the Irish land border. We discussed this at length during the dinner break business yesterday in relation to the recent SI on electronic travel authorisation. I note that this is a probing amendment relating to the concerns that have been raised regarding tourists and other people who inadvertently arrive in the UK from the Republic of Ireland via the land border with Northern Ireland. As is currently the case, tourists from countries requiring visas to come to the UK as visitors should obtain these before they travel. That is as it should be. That said, I recognise the issue she has raised and accept that some individuals may, entirely unwittingly, enter the UK without leave via the Irish land border, as I said yesterday.

We are examining this issue further. I would point the noble Baroness to the regulation-making power in Clause 3, which will enable us to provide for exceptions to the duty to remove where it would be appropriate to do so.

The noble Baroness, Lady Finlay, asked me about the status of a child born in the UK to a woman who meets the conditions in Clause 2. The short answer is that the child will not satisfy the conditions in Clause 2, but I will write to her with a more detailed explanation.

The noble Baroness, Lady Ludford, asked about compatibility with article 2 of the Windsor Framework. There is a later amendment to which she has added her name, Amendment 137, on this very issue. We will come on to that later in the Committee.

As I indicated at the start, this clause provides the foundations for the Bill as a whole. It is fundamental to the effective operation of the scheme and my fear is that the amendments put forward would serve only to weaken the effectiveness of the scheme. On that basis, I invite the noble Lord, Lord Carlile, to withdraw his amendment.

Illegal Migration Bill

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Wednesday 8th March 2023 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

Last year, 50% of those who crossed the channel came from only five countries—Afghanistan, Eritrea, Syria, Sudan and Iran. If I were a young woman in Iran being hunted by the authorities for demonstrating and had relatives in this country, how could I come here? What safe and legal route is open to me? I believe that there is none. If we want to put the smugglers out of business, as of course we all do, the way to do it, contrary to what the Minister has just said, is to open safe and legal routes. It is absurd to suggest that a flow of 100 million would come in; that is just wild and ridiculous talk.

Has the Minister considered the likely cost of this policy? It seems to have three defects: first, it wrecks our reputation; secondly, it will not work because it will not put the smugglers out of business; and, thirdly, it could have considerable economic costs. Has the Minister considered Article 692 of the trade and co-operation agreement with the EU? If the EU believes that we have broken the European Convention on Human Rights—and the Home Secretary says in the Bill, as the noble Lord, Lord Coaker, pointed out, that she cannot confirm that we have not—and if it turns out that we have, as I believe we have, the Commission has the right to denounce the trade and co-operation agreement. I do not know how much of that it would denounce, but it has been in the press this afternoon that a commissioner contacted the Home Office today. Could the Minister tell us what assessment he has made of the form of action that the Commission would ask the European Union to take against us, and what economic cost that would have?

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his questions. First, I can reconfirm that safe and legal routes exist. As I have repeatedly told the House—

Asylum Seekers

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Tuesday 17th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The 1951 convention describes the categories of people who might seek protection from their native country, and, as a result, they are entitled to make a claim for asylum. There is nothing in the text of the convention which limits the receiving nation state’s obligation to consider applications from various classes of nations. That is why we have international agreements; for example, when we were members of the European Union, there was an agreement that other European Union member nations were not able to lodge asylum claims within the United Kingdom.

[Lord Kerr of Kinlochard (CB)]

Would the Minister agree that it would be better if those waiting in that internal queue were able to work—better for them, the Exchequer and the country?

[Lord Murray of Blidworth (Con)]

I am afraid that I must disagree with the noble Lord. It is clear that one of the major pull factors for people crossing the channel is that they hope to work in Britain. Legally allowing people to work would increase the pull factors for them to embark on dangerous and illegal journeys across the channel.

Migration and Economic Development Partnership with Rwanda

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Tuesday 20th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The judgment about which these questions are being asked relates to those removed to Rwanda. Of the 40,000-odd people who have crossed the channel illegally during the past 12 months, 13,000 have been Albanians, and a large proportion of them have been single young men. It is the Government’s intention, following the recent agreement with the Government of Albania and decisions taken in such cases, to return them to Albania in the light of the assurances provided by the Albanian Government. Clearly it is cheaper to remove to Albania than it is to Rwanda. I should note that Albania is not only a NATO member but an EU accession country and a signatory to the European convention against trafficking. It is our hope to use both devices to bear down on illegal crossings of the channel.

[Lord Kerr of Kinlochard (CB)]

My Lords—

UK Asylum and Refugee Policy

Debate between Lord Kerr of Kinlochard and Lord Murray of Blidworth

Friday 9th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

My apologies; he is the only Sikh on the Labour Benches.

I also share the sentiment of both the noble Lord, Lord Sahota, and the right reverend Prelate the Bishop of Leicester in hoping that their elevation will be an omen for the success of the English football team on Saturday.

I will make one further point, as a fairly recent entrant to the House myself. The three new Members will have noticed that there is a tendency in the House for noble Lords to make speeches in Question Time when they should be asking questions, and for them to ask questions in debates when they should be making speeches. So I ask for the House’s indulgence, as I will not be able to answer all the questions that noble Lords have asked me today, but I will endeavour to answer as many as possible. I am sure that those I do not answer will be converted into Written Questions in due course.

I also thank my noble friend Lady Nicholson for her heart-rending history of the Yazidi position, and welcome her special guest to the House today.

It is no secret that the UK’s asylum system has, of late, come under severe strain. This year, we have seen around 40,000 people arriving by small boats. Around 100,500 individuals are currently on asylum support. The cost of accommodating asylum seekers in hotels has reached more than £5 million a day. Clearly, something has got to change.

The Government have been clear on their priorities; namely, first, tackling small boat irregular arrivals by encouraging claims to be made in the first safe country and deterring unnecessary, dangerous journeys to the UK; secondly, alleviating pressures on accommodation, including by tackling lengthy stays in processing centres, while of course taking the safety and welfare of those in our care extremely seriously; thirdly, delivering our migration and economic development partnership with Rwanda; and, finally, providing safe and legal routes for people in need of protection and combating the asylum application backlogs. In doing that, we will seek to streamline the asylum decision-making process.

On safe and legal routes, while we are clearly grappling with significant challenges, the UK has maintained our long and proud record of welcoming refugees and people in need of protection through various resettlement schemes. Under the 1951 convention, people should claim asylum in the first safe country which they reach—that is the fastest route to safety. While we know that many people are in difficult situations around the world, the UK cannot possibly accommodate everyone who might wish to come here, as the most reverend Primate identified.

We have adopted a proactive stance in responding to world events. In the wake of Russia’s appalling aggression, we introduced the Ukraine Family Scheme and the Homes for Ukraine scheme. Since January 2022, those schemes have received a total of 220,225 applications, of which 85.8%—that is, 189,131—were granted. I thank the noble Earl for commending the efforts of the department in relation to those schemes.

We continue to welcome people through the existing global UK resettlement scheme, community sponsorship, mandate resettlement scheme and the Afghan resettlement schemes. The Government’s refugee resettlement schemes are focused on those with the greatest need as determined by the UN Refugee Agency. The UNHCR has well-established procedures and submission categories for identifying and resettling the most vulnerable refugees. The UK’s refugee resettlement schemes aim to do exactly what my noble friend Lord Horam has pointed out: to bring those to the UK who are considered refugees as per the UNHCR’s criteria.

Since its expansion in September 2015, a total of 20,103 people have been resettled in the UK through the vulnerable persons resettlement scheme, or VPRS, across more than 300 local authorities. Alongside the VPRS, we ran the gateway protection programme, which has resettled more than 9,939 people. The VPRS closed in February 2021 and is succeeded by the global United Kingdom resettlement scheme, which has since its creation settled some 1,882 people. We have also resettled more than 800 through the community sponsorship scheme since it began in 2016.

The noble Baroness, Lady Hamwee, asked what the actual number of Afghans assisted is. The Afghan citizens resettlement scheme, or ACRS, was formally opened in January of this year, with pathways 2 and 3 launched in June. This will provide support for up to 20,000 people affected by events in Afghanistan. This is in addition to those coming under the Afghanistan relocation and assistance package. Operation Pitting was the largest UK military evacuation since the Second World War and saw around 15,000 individuals evacuated to the UK, some of whom were the first to be settled under the ACRS.

In the year following the evacuation, around 6,000 people had arrived in the UK via neighbouring countries under a combination of ARAP and the ACRS pathway 1. The number of vulnerable and at-risk individuals granted leave under pathway 1 now stands at over 6,300. Therefore, to say we have not welcomed anyone through the Afghan citizens resettlement scheme and the Afghan relocation and assistance policy is simply not true.

In addition to these routes, the Government provide a safe and legal route to bring families together through their family reunion policy. This allows a partner or spouse and dependent children to join their refugee family members in the UK if they formed part of the family unit before the sponsor fled their country.

On asylum decision-making, which has been a topic of many speeches in your Lordships’ House, we agree with the point that many have made today that it is unacceptable that there are so many outstanding claims awaiting a decision. The asylum system has been under mounting pressure for several years. Increased and sustained intake and a growing number of people awaiting a decision have led to significant delays in concluding asylum claims. Current efforts are focused on deciding older claims, high-harm cases, and cases with extreme vulnerability such as mental health, child cases, new claims and those in receipt of support since the Nationality and Borders Act came into force on 28 June of this year.

I thank my noble friend Lord Horam for his insightful comments about the impact of excessive immigration on communities. Prioritisation is the answer. We cannot favour those who can afford to pay the people smugglers over other asylum seekers. I also thank the most reverend Primate for his suggestion of triaging asylum claims and removing those who are not going to be granted asylum immediately in order to speed up decision-making, an idea also canvassed by the noble Lord, Lord Carlile of Berriew. In practice, however, while we endeavour to remove individuals as quickly as possible, delays to removal occur due to legal barriers such as fresh claims, further representations, modern slavery claims and judicial reviews, all of which must be considered before removal.

[Lord Kerr of Kinlochard (CB)]

Before the Minister leaves consideration of how to improve the working of the system, can he tell us what has happened to the recommendations from the reviewer in the independent review of 13 months ago?

[Lord Murray of Blidworth (Con)]

Those considerations are being studied in the department and will feed into future policy on this issue.

Where an individual’s claim is unsuccessful, they would need to be removed to their country of citizenship or another destination where they would be accepted.

It was apparent that there was a tension between the suggestion of the most reverend Primate the Archbishop of York and the most reverend Primate the Archbishop of Canterbury on whether we should extend our Ukrainian policies to all nationalities. As the most reverend Primate the Archbishop of Canterbury rightly noted, it is of course not immoral to have a limit or restrictions on immigration. While we sympathise with the many individuals who are in difficult situations around the world, the United Kingdom simply cannot help everyone who may like to come to this country.

We have introduced the asylum transformation programme, which aims to bring the system back into balance and to modernise it. It focuses on increasing productivity by streamlining, simplifying and digitising processes to speed up asylum decision-making and increase efficiency and output. Since the programme was established in the summer of 2021, a number of positive steps have been taken. More decision-makers have been recruited, alongside steps to keep experienced staff in post.

We have also tested a range of initiatives aimed at reducing the time it takes to interview and decide asylum claims. Changes in recent trials have doubled the number of decisions made per week; we are looking to roll these initiatives out nationwide as a result. This is undoubtedly a significant task, but I assure the House that efforts to address the backlog and alleviate the current pressures will continue in earnest. I hope this assures my noble friend Lord McInnes that the changes we are making will fix the issues with the asylum decision-making process.

Many of those arriving in the UK claim to be children and do not have clear evidence, such as a passport, to back this up. Decision-making is very challenging, and the current process is very subjective and can be disputed in long and expensive legal proceedings. The United Kingdom typically receives more than 3,000 asylum claims from alleged unaccompanied asylum-seeking children per year. Many of those arriving in the UK who claim to be children do not have evidence. Between 2016 and September 2022 there were 7,357 asylum cases in which age was disputed. In the subsequent resolution, some half—3,696 individuals—were in fact found to be adults. If there is doubt whether a claimant is an adult or a child, they are referred to a local authority social services department for a careful, case law-compliant age assessment. They will be treated as a child until a decision on their age is made. I do not need to remind noble Lords that one of the consequences of an adult being treated as a child is that this has the potential to expose those in local authority care to risk.

Beyond our domestic reforms, we are working closely with our international partners to deter small boat arrivals and put an end to the practices of people smuggling and clandestine travel into the United Kingdom. I entirely agree with the comments from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, who pointed out the nonsensical position that Albanians can prioritise themselves by crossing the channel in a small boat and, on that basis, effectively jump the queue. It is incumbent on us to prevent that sort of self-selection and queue jumping. The noble Baroness, Lady Prashar, and others overlook the basic fact that not all those who claim to be refugees are actually refugees. It is not immoral to point this out. As my noble friend Lord Robathan stated, we must be sensible and not naive about this.

While legal challenges are ongoing, we remain committed to delivering the migration and economic development partnership between the United Kingdom and Rwanda to address the shared international challenge of illegal migration and break the business model of the people-smuggling gangs. This policy does not subcontract or outsource our responsibilities to Rwanda. Instead, the United Kingdom and Rwanda working together will help make the immigration system fairer and ensure that people are safe to enjoy the new opportunities to develop. It is by reforming the asylum system and taking bold international action to address the global migration crisis that we can keep providing protection for those who need it through safe and legal routes.

I would like to respond to the assertions of the noble Lord, Lord Browne of Ladyton, on our assessment that found Rwanda to be

“a fundamentally safe and secure country with a track record of supporting asylum seekers.”—[Official Report, 14/6/22; col. 1518.]

This is set out in the relevant country policy and information notes available on GOV.UK. These assessments are kept under review and updated periodically to reflect any significant new issues or evidence. We regularly monitor and review the situation in Rwanda and are working closely with the Foreign, Commonwealth and Development Office.

Last month the United Kingdom and France signed a new agreement further to bolster our combined efforts to prevent dangerous channel crossings, including through strengthened operational co-operation and investment in cutting-edge surveillance technology. The UK remains committed to addressing illegal migration with France via our enduring relationship. We continue to engage with our French friends at all levels, political and operational, supporting the meeting of our shared strategic aims with the provision of technology and sharing of intelligence. France and other EU countries are safe countries and, like the UK, have asylum systems that provide protection to those who need it.

[Lord Murray of Blidworth (Con)]

I hear what the noble Baroness says. I commend to her the excellent Policy Exchange paper From the Channel to Rwanda: Three Essays on the Morality of Asylum. On page 14 of that excellent paper, Professor Finnis reminds us that

“the Rwanda scheme does not sub-contract anything. The UK as a founding party to the Refugee Convention, did not undertake to receive or process or admit refugees. Its contractual undertaking and obligation is (a) to give certain rights and privileges to those refugees whom it has chosen to admit and given leave to stay, and (b) not to deport anyone to an unsafe country.”

[Lord Kerr of Kinlochard (CB)]

The difficulty with that argument is that the refugee convention imposes on us the duty to hear the claim. If we deport someone to Rwanda on the basis that even if their claim were justified, that will not be established and they will not be allowed to return. They will be investigated in Rwanda to see whether they may have asylum in Rwanda, but they will be unable to pursue their claim to asylum in this country. That is clearly contrary to the refugee convention.

[Lord Murray of Blidworth (Con)]

Hesitate as I do to disagree with the noble Lord, that matter is currently before the High Court, and the Government’s position is clearly at odds with his assessment.

I crave the indulgence of the House to carry on for a few more moments, if I may.