Illegal Migration Bill
Lord Murray of Blidworth ExcerptsWednesday 12th July 2023
(10 months, 1 week ago)
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Lord Murray of Blidworth
That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, in moving Motion A, I will, with the leave of the House, also speak to Motions D, S, T, U and V.
The Lords amendments do significant damage to the scheme provided for in the Bill. The Bill will only prevent and deter illegal migration if persons who meet the conditions in Clause 2 are swiftly returned to their home country or removed to a safe third country. For that to happen, we must end the cycle of late, repeated and spurious legal challenges. The Lords amendments will perpetuate that cycle.
Motion A relates to Lords Amendment 1, which would replace Clause 1 with a new clause that sets out that nothing in the Act shall
“require any act or omission that conflicts with the obligations of the United Kingdom under”
the five international agreements specified in the amendment.
As I have set out throughout the passage of the Bill, 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 the UK’s international obligations. The only way to break the business model of the criminal gangs and to deter illegal migrants is if it is abundantly clear that the only outcome of illegal entry is not a new life in the UK. Therefore, it is essential that we take bold steps. Although some of the provisions in the Bill are novel, the Government are satisfied that the Bill can be implemented in line with convention rights.
As my noble friend Lord Wolfson set out on Report, Lords Amendment 1 is also objectionable from a constitutional perspective. In the United Kingdom, we follow a dualist approach, whereby international law is integrated into domestic law solely through parliamentary legislation. The Government are often criticised for rushing legislation and not allowing adequate scrutiny. Here, the tables are turned. Amendment 1 has profound and wide-ranging implications. It should not be shoehorned into this Bill without proper consideration of its consequences and an opportunity for Parliament properly to scrutinise the significance of such a step. If a future Government want to incorporate into domestic law the refugee convention or the UN Convention on the Rights of the Child, it is open for them to do so, but that would be a significant legislative undertaking and a profound change to our domestic legal landscape. Amendment 1 is not the way to do it.
I turn to Motion S and Amendments 74B and 74C from the noble and learned Lord, Lord Etherton, which relate to the meaning of serious and irreversible harm. Serious harm suspensive claims recognise that there may be a clear reason as to why a person cannot be removed to a particular third country specified in the removal notice, while any human rights claim in respect of a removal—or related judicial review, if that took place following removal—is resolved. These claims must be based on the fact that the person would face a real, imminent and foreseeable risk of serious and irreversible harm if they were removed for such a temporary period. This test reflects the approach and terms on which the European Court of Human Rights may decide to indicate interim measures under Rule 39 of their rules of court. It is fitting that we use it here in an analogous situation.
We also continue to believe that it is helpful to decision- makers and the courts to set out in the Bill specific examples of harm that do not, or are unlikely to, constitute serious and irreversible harm. This will ensure a consistent approach in the determination of claims by the Home Office and appeals by the Upper Tribunal. That said, we have reflected on the debates on these clauses in this House and revisited the recommendations from the Constitution Committee. I am grateful to the noble and learned Lord, Lord Etherton, for his time in discussing his concerns. As a result, we have brought forward an amendment in lieu which limits the power by regulations to amend the meaning of serious and irreversible harm, such that the power cannot be used to remove the existing examples of harm that constitute serious and irreversible harm.
I reiterate two points made by my noble friend Lord Stewart on Report. First, Clause 38 makes it clear that persecution and onward refoulement are examples of harm which constitute serious and irreversible harm for the purposes of a suspensive claim. Secondly, if the open expression of a person’s sexual orientation would prevent them living in a specified third country for the relevant period without being at real risk of serious and irreversible harm, they would meet the threshold for a serious harm suspensive claim, in line with the principles set out by the Supreme Court in the case of HJ (Iran). With these assurances and the amendment in lieu, I hope that I have been able to address the concerns of the noble and learned Lord, Lord Etherton, and he would feel able to support Motion S.
In relation to Motions T and U, we remain firmly of the view that it is right to place limitations on judicial review challenges to removal. We are not preventing such challenges but saying that they should not suspend removal. The Bill includes bespoke provisions for removal condition suspensive claims and serious harm suspensive claims, which themselves afford appropriate opportunities for a person to challenge their removal before it takes place. Given these remedies, it is entirely appropriate that other legal challenges should be non-suspensive.
Finally, in relation to Motion V, I again reassure the noble and learned Lord, Lord Hope, that the Bill, in enabling a court to overturn an age assessment decision on the basis that it is wrong in law, already covers challenges based on Wednesbury unreasonableness. It therefore follows that Lords Amendment 95 is not needed.
The House of Commons has disagreed with Lords Amendments 1, 73, 90, 93 and 95 by strong majorities in each case. It has proposed Amendment 74A in lieu of Lords Amendments 73 and 74, which addresses one of the key concerns of the noble and learned Lord, Lord Etherton. I therefore invite the House to agree the government Motions in this group. I beg to move.
Motion A1 (as an amendment to Motion A)
Lord Coaker (Lab)
My Lords, I support my noble friend Lady Chakrabarti’s Motion A1 and the various provisions that follow from it. Without getting into the legal arguments that have just been articulated by the noble and learned Lords, Lord Hope and Lord Etherton, I support the fact that the key words are the first few words, in particular to try to deal with the criticism that was made of the previous amendment.
The only point I would add is that it is important for us to have something like this in the Bill given the criticism, concern and questions that have been raised about the Bill by many well-respected international organisations, bodies and individuals. We all expect something to be done about the challenge that we face, but we want it done in a way which enhances our international reputation and conforms to the various international treaties and our responsibilities. That is why Motion A1 is particularly important and should be supported.
Lord Murray of Blidworth (Con)
My Lords, I thank the House for the dispatch this group has been dealt with and for the contributions from across the Chamber. It will come as no surprise to the noble Baroness, Lady Chakrabarti, that I disagree with her interpretation and agree with that of my noble friend Lord Wolfson. Frankly, if one looks at Amendment 1B, one can see that “regard” must be read alongside “intended to comply”, so this revised amendment is equally problematic. The point my noble friend Lord Wolfson made is entirely right: it amounts to an acceptance that the earlier version of the amendment would also have been a very significant constitutional innovation, predicated on the back of an amendment to the Bill and a massive change to our constitutional framework. I am afraid that I therefore disagree with the noble Baroness and the noble and learned Lord, Lord Hope, on Amendment 1B.
Lord Murray of Blidworth
That this House do not insist on its Amendments 2, 12, 20 and 22 and do agree with the Commons in their Amendments 22A to 22Q in lieu.
“(za) section (Amendment of date in section 2(3) etc) (amendment of date in section 2(3) etc);”
Lord Murray of Blidworth (Con)
My Lords, with the leave of the House, I will speak also to Motions F and G.
Motion B deals with the retrospective application of the duty to make arrangements for removal. We have reflected on the arguments put forward on this issue by the noble Lord, Lord Carlile, on Report. We have brought forward Amendments 22A and 22Q in lieu. Noble Lords will recall that the Lords amendments sought to move the operative date of the Clause 2 duty from 7 March this year to the date of that clause’s commencement. We believe that such a change carries a significant risk of there being a surge in channel crossings—a fire sale, if you will—as we approach the commencement date. To guard against this, the amendments in lieu instead provide for the duty to remove to apply to a person who enters the United Kingdom unlawfully from the date of this Bill’s Royal Assent.
We will keep this under review ahead of the Bill’s implementation, as we have included a reserve power to change the new operative date by regulations. This could, for example, enable us to focus the initial implementation of the Bill on those who arrived here illegally via small boats rather than by other means. I should stress that the 7 March date will continue to apply for the purpose of the power conferred on the Secretary of State to provide accommodation for unaccompanied children and for the purpose of the ban on re-entry, settlement and citizenship. I trust that this compromise approach will meet with the approval of the noble Lord, Lord Carlile.
Motion F relates to Lords Amendment 9, moved on Report by the noble Lord, Lord German. This relates to the issue of the inadmissibility of asylum and human rights claims within the UK system. It remains the Government’s contention that declaring such claims to be admissible is a core part of the scheme provided for in the Bill. The Court of Appeal unanimously confirmed that removing asylum seekers to a safe country for their asylum claims to be processed is entirely consistent with the refugee convention, including Article 31—a point that I mentioned a moment ago. This amendment would simply encourage people to game the system, drawing things out in an attempt to reach a six-month cut-off date. This amendment was rejected by the Commons by a strong majority of 76. Given that, I hope that the noble Lord, Lord German, will be content to agree to Motion F.
Finally, Motion G relates to Lords Amendment 23, put forward by the noble and learned Lord, Lord Etherton. The United Kingdom is a stout defender of LGBT communities across the globe. Our commitment to this cause remains unwavering. So, although I understand and sympathise with the noble and learned Lord’s desire to protect LGBT people who would face persecution were they to be sent to one of the countries listed in the amendment, I remain strongly of the view that the amendment is unnecessary as the Bill already delivers the protections that he seeks.
We are committed to the principle of non-refoulement, as a Jamaican national who makes a protection claim will not be returned to Jamaica. Were they to be fearful of being at real risk of suffering serious and irreversible harm, and were they to be removed to a specified third country, they would be able to make a serious harm suspensive claim. As I have previously indicated, in considering such a claim, the principles enunciated by the Supreme Court in the case of HJ (Iran) would be applied such that if the open expression of a person’s sexual orientation would prevent them from living in the specified third country without being at real risk of serious and irreversible harm, they would meet the threshold for a serious harm suspensive claim.
I hope the noble and learned Lord has been able to reflect on my assurances and on the outcome of the vote yesterday in the other place, and that he now feels able to support Motion G. I beg to move.
Motion B1 (as an amendment to Motion B)
Lord Carlile of Berriew
Moved by
At end insert “, and do propose Amendment 22R as an amendment to Amendment 22B—
Lord Murray of Blidworth
Moved by
That this House do not insist on its Amendments 6, 51, 52, 53, 54, 55, 58, 59, 60, 61, 62, 63, 64 and 65, to which the Commons have disagreed for their Reason 65A.
Lord Murray of Blidworth (Con)
My Lords, I will speak also to Motions H, P and Q. It remains the Government’s view that there are clear opportunities to misuse our modern slavery protections. The amendments agreed by your Lordships’ House on Report would severely undermine and in some cases prevent the Government from being able to prevent potential misuse and effectively tackle the crisis of illegal entry.
As I have repeatedly made clear, the scheme provided for in the Bill will succeed in preventing and deterring illegal migration into the UK only if we can swiftly remove illegal entrants either to their home country or to a safe third country. Having to wait more than 500 days for a conclusive grounds decision is not swift by any stretch of the imagination.
While it remains the case that the Government cannot support any of the amendments to which these Motions relate, I recognise the concerns raised by my noble friend Lord Randall and others about the impact of the Bill on those who are exploited in the United Kingdom. It is worth reminding this House that these provisions will not affect potential victims of modern slavery referred into the national referral mechanism who are British nationals and nor will they impact unaccompanied children under the age of 18 or those who lawfully entered the UK and subsequently overstayed. Additionally, changes to the Bill agreed in the other place mean that the retrospective application of the duty to remove will be applicable only from Royal Assent, removing a significant cohort from the reach of these time-limited provisions.
Furthermore, this change reduces the likelihood of individuals in this cohort being exploited in the UK, given that they are more likely to be in detention rather than out in the community. None the less, the Government recognise the importance of enabling potential victims of modern slavery to co-operate with law enforcement to ensure successful prosecutions.
We are committed to stamping out human trafficking and to bringing criminal gangs to justice, including those who commit offences in the United Kingdom. That is why, alongside our pre-existing exception, which allows victims to remain in the United Kingdom to co-operate with an investigation where necessary, we will provide in statutory guidance that an individual who has arrived in the UK illegally and has a positive reasonable grounds decision based on an incident that has taken place in the United Kingdom will be afforded 30 days from this positive decision to confirm that they will co-operate with an investigation in relation to their exploitation. They will not be removed within this period, which affords them protection equivalent with those set out in ECAT. Should they continue to co-operate with such an investigation, they will continue to be entitled to the support and protections of the NRM. Given this, I do not see the need for my noble friend’s Amendment 56, or for the amendment of the noble Lord, Lord Carlile, Amendment 57.
I hope I have been able to reassure my noble friend Lord Randall and other noble Lords as to how these provisions will apply and operate. We expect that relatively few of those subject to the duty in Clause 2 will be potential victims of modern slavery whose exploitation took place in the UK, and for those potential victims, our statutory guidance will make it clear that they can continue to access support where they are co-operating with an investigation.
On this basis, and in view of the votes in the other place to disagree with Amendments 6 and 56, I invite the House to agree the government Motions. I beg to move.
Motion C1 (as an amendment to Motion C)
Lord Coaker (Lab)
My Lords, I thank my noble friend Lord Hunt for moving his amendments in a concise and informed way and for putting before the House the importance of the Modern Slavery Act and defending its principles.
I draw attention to Motion P1, moved by the noble Lord, Lord Randall, which is particularly important as it seeks to protect victims of modern slavery exploited in the UK. Although the Minister pointed to the protection the Government may give to British citizens, some of the exploited people the noble Lord, Lord Randall, referred to would not be British citizens and would therefore be out of scope.
It is worth spending a minute considering that we as a Parliament are here tonight reflecting on what was one of the finest achievements of the last Conservative Government and one of the proudest achievements of a former Conservative Prime Minister. I stand here as a proud Labour politician saying that. It was one of the reasons why our country was regarded as a world leader by countries across the world, and it was brought about by the actions of a Conservative Government.
When you read the speeches of not only a former leader, Iain Duncan Smith MP, but a former Prime Minister, it is no wonder that the latter is incredulous that her own party and Government would seek, as she says, to undermine completely an Act of which everyone was proud, including most Conservatives. I find it astonishing that the Government Front Benches of this House and the other place should simply sweep her views aside, almost as though they are the rantings of a failed person who is no longer relevant. She deserves greater respect than that, and to be recognised for what she achieved. I think I am right in saying that it was the first such legislation in the world. It was blown away not by a vindictive Labour Government but by her own Conservative Government, who have somehow just brushed it aside.
The noble Lord, Lord Randall, does us a huge service in bringing forward an amendment that I hope has the support of many of your Lordships, from all sides, and which tries to protect something of that achievement, that triumph, of a previous Conservative Government. In doing that, he gives us the opportunity to mark with great respect that achievement and work of a previous Conservative Government and Prime Minister.
I hope that the noble Lord will test the opinion of the House and that noble Lords will see fit to support the amendment in very large numbers, so that when it goes back to the other place they will think again about what they have done.
Lord Murray of Blidworth (Con)
My Lords, I thank the House for the dispatch with which the speeches on this group have been dealt with. To respond to the noble Lord, Lord Hunt of Kings Heath, on just one point, clearly, we do not agree and I am afraid that I cannot accept his amendment. On the statistic that he cited, I simply say that that statistic demonstrates the problem we face when we seek to remove people. Such statistics relate to people who were in detention and it was those in detention who, at a massively increased rate, sought to claim to be victims of modern slavery in order, I suggest to Members of this House, to defer their removal.
For that reason, I must stress to the House that the proposed amendment would blow a hole in this scheme, and I am afraid we cannot accept my noble friend Lord Randall’s amendment, as supported by the noble Baroness, Lady Hamwee. There are too many opportunities to misuse the provisions in the Modern Slavery Act, with allegations of modern slavery being made by those entering the country illegally. I entirely take on board what the noble Lord, Lord Coaker, has said about the triumph of the Modern Slavery Act, and I remind the House that it remains in force in relation to victims of modern slavery who are within Britain and are British citizens. These provisions are protected in Clause 21 by a sunset provision. These are emergency measures to deal with an emergency, and for those reasons I cannot accept the amendments.
Lord Hunt of Kings Heath (Lab)
My Lords, it is tempting to respond in detail to the Minister, but obviously I will not do it. What is so striking is how little confidence he has in the department he and his Ministers run to administer a system they have legislated for. It is deeply disappointing, but I beg leave to withdraw Motion C1.
Lord Murray of Blidworth
That this House do not insist on its Amendment 7, to which the Commons have disagreed for their Reason 7A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion D. I beg to move.
Motion D1 (as an amendment to Motion D)
Lord Murray of Blidworth
That this House do not insist on its Amendment 8, to which the Commons have disagreed for their Reason 8A.
Lord Dubs (Lab)
My Lords, this amendment to the Motion is about the rights of children, giving them their entitlement to claim asylum, which would be declared inadmissible under the provisions of the Bill. We have talked about children a great deal; indeed, concerns about children run right through many of the debates we have had and many of the other amendments. My point is that any child who arrives in this country, even if not by legally approved means, should still not lose their right to claim asylum. If, for example, a child in Calais with family in this country, not finding any legal method, gets here and uses, unfortunately, these nasty people traffickers, all I would say is that surely we should not deny that child the right to come to this country and claim asylum here; or, having got to this country, to claim asylum here. It is a very simple proposition.
As I understand it, in most instances they will not be removed from this country until they are 18, but at that point they will be removed. This seems to me a very harsh provision, penalising some of the most vulnerable asylum seekers that there can be: children.
There are two other amendments to Motions to do with children, Motion J1 in the name of the noble Baroness, Lady Mobarik, and Motion K1 in the name of the right reverend Prelate the Bishop of Manchester. Both are good and both are concerned with the length of time that a child might have to stay in detention. They seek to limit that to fewer days and I shall want to support them both. They do not go as far as my Motion E1, which is much more comprehensive and a much better way of protecting the rights of children. However, we have to be realistic and I shall certainly give my full support to Motions J1 and K1.
I have thought about this at length and had quite detailed discussions with my colleagues. The point is that we, of course, want to support Motions that have the best chance of making the Commons think again. I was persuaded that the Motions in the name of the noble Baroness, Lady Mobarik, and the right reverend Prelate the Bishop of Manchester probably have a better chance of making the Commons think again than something coming from me, even if my Motion is, with all due respect, better. I therefore feel that the right thing to do is to support a Motion tabled by a Conservative and a Member from the Bishops’ Bench, because they are more likely to persuade the Government. They do not have to persuade the Minister but they are more likely to persuade Members of the Commons. It is in that spirit that I have spoken to Motion E1, but I shall in due course be very keen to support the Motions I have referred to. I will not therefore press Motion E1 to a vote, but I shall certainly vote for the other Motions.
Lord Murray of Blidworth (Con)
My Lords, as ever, the noble Lord, Lord Dubs, was ahead of me, and clearly I should address the amendments in this group. I have already moved Motion E, which is:
“That this House do not insist on its Amendment 8.”
With the leave of the House, I shall speak also to Motions J, K, L, M and N.
The Government have considered carefully the concerns raised in your Lordships’ House about the detention of unaccompanied children and pregnant women. We recognise the sensitivities around the detention of these cohorts and, accordingly, the Government have brought forward amendments in lieu, to which the Commons has agreed.
Regarding the detention of pregnant women, Amendments 38A to 38E are wholly in line with those tabled on Report by the noble Baroness, Lady Lister, and my noble friend Lady Sugg. These amendments preserve the existing 72-hour time limit on the detention of pregnant women. As now, this 72-hour time limit would be extendable to an absolute maximum of one week, provided there is ministerial authorisation in place for the extension. It is important to note that, as per the existing Section 60 provision, this time limit will apply only where an immigration officer or the Secretary of State, as the case may be, is satisfied that the woman is pregnant. I trust that these amendments will be welcomed on all sides of the House.
On the detention of unaccompanied children, the challenge we received in the House of Commons was that in enabling a person to apply for First-tier Tribunal immigration bail after 28 days of detention, the Bill did not differentiate between adults and unaccompanied children, and there needed to be judicial oversight of the detention of unaccompanied children much earlier in the process. Amendments 36A and 36B, agreed by the Commons, do just that. They enable the First-tier Tribunal to review the detention of an unaccompanied child after eight days, where the detention is for the purposes of removal. The eight-day period aligns with the existing framework governing immigration bail for those detained at ports and the eight-day period for making a suspensive claim under the Bill.
I again assure my noble friend Lady Mobarik and other noble Lords that any period of detention for unaccompanied children will be the shortest possible. Where there is doubt that a person is indeed aged under 18, as they claim to be, they will be treated as a child while an age assessment is undertaken. Such a person will be detained in age-appropriate accommodation, as the law already provides. This is provided for by the Detention Centre Rules 2001, made under Section 153 of the Immigration and Asylum Act 1999. Rule 11 provides:
“Detained persons aged under 18 and families will be provided with accommodation suitable to their needs”.
If no such accommodation is available, an unaccompanied child will not be detained and will be transferred to a local authority instead as soon as possible. I hope this provides the assurances that my noble friend has been seeking.
The Commons has proposed no change to the Bill in response to my noble friend’s Amendment 33, which relates to the detention of families. We believe this amendment would put children at risk, as well as significantly weakening our ability to remove people from the UK, in accordance with the duty provided for in Clause 2. Such a change would incentivise unscrupulous individuals to co-opt unaccompanied children into a bogus family unit to escape detention. This presents very real safeguarding risks for those children. I hope my noble friend, having secured an important change to the Bill in respect of the detention of unaccompanied children, will be content not to pursue her Amendment 33 any further.
I turn to Motion M and the amendments originally tabled by the noble Lord, Lord Carlile, which sought to reinstate the existing Hardial Singh principles. Here again the Commons has agreed with the Government that the changes should be made to the existing legislation and that Clause 11 should stand. The Hardial Singh principles provide, among other things, that a person may be detained only for a period that is reasonable in all the circumstances and that if, before the expiry of the reasonable period, it becomes apparent that the Home Secretary will not be able to examine, effect removal or grant leave within a reasonable period, that person’s detention should not continue. The Government continue to take the view that it is for the Home Secretary, not the courts, to decide such matters as she will be in full possession of the relevant facts and best placed to decide whether continued detention is reasonable in all the circumstances. As I say, the Commons has endorsed this approach, and I hope that the noble Lord, having achieved some significant changes to other aspects of the Bill, will be content to agree Motion M.
Motion N relates to the right reverend Prelate the Bishop of Durham’s Amendment 50 to Clause 16. This relates to the Secretary of State’s power to direct a local authority in England to cease accommodating an unaccompanied child and to transfer the child into Home Office-provided accommodation. The amendment would limit the power such that it can be exercised only where the transfer would be in the best interests of the child.
We all accept that the best interests of the child is a very important consideration. That is why the Secretary of State is already required, under Section 55 of the Borders, Citizenship and Immigration Act 2009, to have regard to the need to safeguard and promote the welfare of children when exercising her immigration functions. In exercising the power in Clause 16, the Home Office will continue to comply with the Section 55 duty. I should also emphasise again that we expect to exercise the power in Clause 16 in only limited circumstances —for example, in advance of returning an unaccompanied child to a parent in their home country.
Finally, I can deal briefly with Motion E, given that this covers similar ground to Motion F, which we have already debated. As I said, it remains the Government’s contention that declaring such claims to be inadmissible is a core part of the scheme provided for in the Bill. The Motion from the noble Lord, Lord Dubs, would incentivise the people smugglers to prioritise young people, putting more lives at risk and splitting families. I am sure that the noble Lord would not wish to see this.
The Government have listened to the concerns raised by noble Lords about the Bill’s provisions relating to detention and the Commons has agreed significant changes. I hope, on this basis, that the noble Baroness, Lady Lister, my noble friend Lady Mobarik and the right reverend Prelate the Bishop of Manchester would be content to agree Motions J, K and L. Where the Commons has disagreed with your Lordships’ amendments to Clauses 4, 11 and 16, I hope that the noble Lords, Lord Dubs and Lord Carlile, and the right reverend Prelate the Bishop of Manchester will be minded to accept that verdict and agree Motions E, M and N.
The Lord Bishop of Manchester
My Lords, I am very grateful to the noble Lord, Lord Dubs, for his support for my Motion K1, even though I suspect we would both prefer his stronger Motion. I also welcome the government amendments that would allow an unaccompanied child to seek bail after eight days if they have been detained for removal.
I struggle to see why similar rules should not apply to all children. Hence, Motion K1 seeks to rectify the unreasoned omission of children who are with their families. It proposes a 24-hour extension to the current statutory 72-hour time limit for detention of children with families. Hence, the detention of these children would not be indefinite but be for no more than 96 hours or, if a Minister personally approved it, for no more than seven days. This seems a fair and reasonable change and I urge the Government to seriously reflect on it. I really cannot see that it is morally justified not to have equal provisions for children with families and those who are alone; one child is not different from another.
It remains the fact that the institutional nature of detention affects both the physical and mental development of the child and leads to their significant emotional and psychological regression. These impacts, which were witnessed often in children prior to 2010, were not limited to unaccompanied children. All children suffered under a regime which this Government are now proposing to reintroduce without limit for unaccompanied children. I cannot accept that it is right to be prepared to lock up these children for an indefinite period, simply because they happen to arrive with families, when we know the grave consequences. The evidence has not changed. How can it now suddenly be tolerable?
Lord Ponsonby of Shulbrede (Lab)
My Lords, this has been an interesting debate and I thank my noble friend Lord Dubs for the way that he introduced his amendment to Motion E. He has been extremely practical and political, if I may use that word, in the way that he proposes to deal with the suite of amendments in this group. I agree with him that the two Motions in the names of the noble Baroness, Lady Mobarik, and the right reverend Prelate the Bishop of Manchester, Motions J1 and K1, stand the best chance of making the House of Commons think again. On that basis, from these Benches we will be supporting the noble Baroness and the right reverend Prelate if they choose to put their Motions to a vote.
I want to comment briefly on the contributions of the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Berridge, and on the point made by the noble Lord, Lord Scriven. In a sense, they are talking from a local authority point of view. I too got the email from the Children’s Commissioner today; she is absolutely right to point to the jigsaw of child protection, which is very much overseen by local authorities. As she rightly pointed out, retrospectivity will apply to those children because that is the point which the Government did not concede on.
Responsibility is key to trying to resolve this as clearly as possible. We hope that the Minister will be able to say something clearer, but the real point is that if it is not, it will be resolved in the courts. The noble Lord, Lord Scriven, made that point and it is a very fair one. I understand that the noble and learned Baroness will not be pressing her amendment to a vote. Nevertheless, the Minister should give as clear an explanation as possible of how this matter will be looked at. For the purposes of this group, we will support Motions J1 and K1.
Lord Murray of Blidworth (Con)
My Lords, I thank the House for the contributions to this debate. I will focus, if I may, on three points and address first the point raised by the noble Baroness, Lady Lister, on aggregating detention periods. Noble Lords will recall that a question was asked whether the 72-hour limit for pregnant women could be evaded by detaining a pregnant woman first under the powers in the Bill, and then under the powers in the Immigration Act, or vice versa. From a practical point of view, any pregnant women subject to the Clause 2 duty would be detained under the new detention powers provided for in Clause 10. I assure the noble Baroness that we would not detain pregnant women under existing powers then switch to new detention powers, or vice versa, in order to double the detention period.
I thank my noble friend Lady Sugg for her kind remarks. I am gratified for the receipt from Members of the House for the position which we have arrived at in relation to pregnant women.
I turn to the issues raised by the noble and learned Baroness, Lady Butler-Sloss, for whom I have very great admiration. They were raised also by the noble Lords, Lord Scriven and Lord Ponsonby, and my noble friend Lady Berridge in relation to Motion N1.
Amendment 50B would afford local authorities influence over whether the Home Secretary can utilise her powers. I am afraid we do not agree that her powers should be fettered in this way if a local authority simply does not consent. It would also create additional decision-making burdens for local authorities and could have unintended consequences—for example, if local authorities faced legal challenges in respect of their decisions. The Home Office, of course, already works closely with local authorities on matters concerning unaccompanied children and will continue to do so.
I turn to the question raised by the right reverend Prelate the Bishop of Manchester and Motion N2. The Home Office considers that Amendment 50C, tabled by the right reverend Prelate, is unnecessary. That is so because of Section 55 of the 2009 Act, which already requires the Secretary of State to have regard to the interests of children as a primary factor in immigration decisions affecting them. I assure the House that, in making decisions and in devising policy guidance under the Bill, the Home Office will continue to comply with the Section 55 duty.
In answer to the noble Lord, Lord German, and my noble friend Lady Berridge, the Home Office does not have, and therefore, for clarity, cannot discharge, duties under Part III of the Children Act 1989. It is for the local authority where an unaccompanied child is located to consider its duties under the Children Act 1989. There is nothing in the Bill which changes this position and local authorities will be expected to meet their statutory obligations to unaccompanied children from the date of arrival. The relevant duties under the Children Act 1989 sit with the local authority in which the young person is physically present. Accommodation of unaccompanied children by the Home Office does not change the obligations of any local authority in respect of assessment and the provision of services and support, including, where appropriate, suitable accommodation.
Lord Dubs (Lab)
My Lords, I am grateful to the Minister and all noble Lords who have contributed. They have covered a number of aspects, all under the heading of this debate. I am not persuaded by the Minister’s arguments that the right reverend Prelate the Bishop of Manchester and the noble Baroness, Lady Mobarik, are not totally right in what they are saying. I very much hope the Minister will say something more positive to support them.
I have already indicated that I do not wish to press Motion E1, and I beg leave to withdraw it.
Lord Murray of Blidworth
That this House do not insist on its Amendment 9, to which the Commons have disagreed for their Reason 9A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion F. I beg to move.
Motion F1 (as an amendment to Motion F)
Lord Murray of Blidworth
That this House do not insist on its Amendment 23, to which the Commons have disagreed for their Reason 23A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion G. I beg to move.
Motion G1 (as an amendment to Motion G)
Lord Murray of Blidworth
That this House do not insist on its Amendments 30, 32 and 34, to which the Commons have disagreed for their Reason 34A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion H.
Lord Murray of Blidworth
That this House do not insist on its Amendments 31, 35 and 36 and do agree with the Commons in their Amendments 36A and 36B in lieu.
“(3A) A person who is being detained under paragraph 16(2C)(d)(iv) of Schedule 2 to the Immigration Act 1971 or section 62(2A)(d)(iv) of the Nationality, Immigration and Asylum Act 2002 (detention of unaccompanied child for purposes of removal) must not be granted immigration bail by the First-tier Tribunal until after the earlier of—
(a) the end of the period of 28 days beginning with the date on which the person’s detention under any provision of paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 or section 62(2A) of the Nationality, Immigration and Asylum Act 2002 began, and
(b) the end of the period of 8 days beginning with the date on which the person’s detention under paragraph 16(2C)(d)(iv) of Schedule 2 to the Immigration Act 1971 or section 62(2A)(d)(iv) of the Nationality, Immigration and Asylum Act 2002 began.
(3B) A person who is being detained under—
(a) paragraph 16(2C)(a), (b), (c) or (d)(i) to (iii) of Schedule 2 to the Immigration Act 1971, or
(b) section 62(2A)(a), (b), (c) or (d)(i) to (iii) of the Nationality, Immigration and Asylum Act 2002, must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 28 days beginning with the date on which the person’s detention under paragraph 16(2C) of that Schedule or section 62(2A) of that Act began.
(3C) Where a person is detained under a provision of the Immigration Act 1971 and then (without being released) under a provision of the Nationality, Immigration and Asylum Act 2002, or vice versa, the periods referred to in sub-paragraphs (3A) and (3B) begin with the date on which the person was first detained under the relevant provisions of either of those Acts.”
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion J.
Motion J1 (as an amendment to Motion J)
Lord Murray of Blidworth
Moved by
That this House do not insist on its Amendment 33, to which the Commons have disagreed for their Reason 33A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion K. I beg to move.
Motion K1 (as an amendment to Motion K)
The Lord Bishop of Manchester
Moved by
At end insert “, and do propose Amendment 33B to the words so restored to the Bill—
Lord Murray of Blidworth
That this House do not insist on its Amendments 37 and 38 and do agree with the Commons in their Amendments 38A to 38E in lieu.
“(2CA) But if the immigration officer is satisfied that a woman being detained under sub-paragraph (2C) is pregnant, then the woman may not be detained under that sub-paragraph for a period of—
(a) more than 72 hours from the relevant time, or
(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
(2CB) A woman who has been released as a result of sub-paragraph (2CA) may be detained again under sub-paragraph (2C) in accordance with sub-paragraph (2CA).
(2CC) Where a woman being detained under sub-paragraph (2C) has previously been detained under section 62(2A) of the Nationality, Immigration and Asylum Act 2002 and has not been released in between, the definition of “the relevant time” in sub-paragraph (2CD) is to be read as if paragraph (b) referred to the time when the woman was first detained under sub-paragraph (2C) or section 62(2A) of that Act.
(2CD) In sub-paragraphs (2CA) to (2CC)—
“the relevant time” means the later of—
(a) the time at which the immigration officer is first satisfied that the woman is pregnant, and
(b) the time at which the detention under sub-paragraph (2C) begins;
“woman” means a female of any age.”
“(aa) subsections (2AA) to (2AD) (limitation on detention of pregnant women);”
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion L. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendments 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49, to which the Commons have disagreed for their Reason 49A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion M. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendment 50, to which the Commons have disagreed for their Reason 50A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion N. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendment 56, to which the Commons have disagreed for their Reason 56A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion P. I beg to move.
Motion P1 (as an amendment to Motion P)
Lord Murray of Blidworth
That this House do not insist on its Amendment 57, to which the Commons have disagreed for their Reason 57A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion Q. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendments 66 and 67, to which the Commons have disagreed for their Reason 67A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion R. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendments 73 and 74 and do agree with the Commons in their Amendment 74A in lieu.
“(2A) Regulations under subsection (1) may not amend subsection (4) of section 38 to remove any example of serious and irreversible harm which is listed in that subsection when this Act is passed.”
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion S. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendment 90 and do agree with the Commons in their Amendments 90A, 90B and 90C to the words restored to the Bill by the Commons disagreement to Lords Amendment 90.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion T. I beg to move.
Motion T1 (as an amendment to Motion T)
Lord Murray of Blidworth
That this House do not insist on its Amendment 93, to which the Commons have disagreed for their Reason 93A.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion U. I beg to move.
Lord Murray of Blidworth
That this House do not insist on its Amendment 95 and do agree with the Commons in their Amendments 95A and 95B in lieu.
Lord Murray of Blidworth (Con)
My Lords, I have already spoken to Motion V. I beg to move.
Illegal Migration Bill
Lord Murray of Blidworth ExcerptsMonday 10th July 2023
(10 months, 2 weeks ago)
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Lord Murray of Blidworth
That the Bill be now read a third time.
Relevant documents: 34th and 37th Reports from the Delegated Powers Committee, 16th Report from the Constitution Committee, 12th Report from the Joint Committee on Human Rights. Correspondence from the Senedd published.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, before we commence proceedings on the Bill, I am obliged to make a short statement setting out the position on legislative consent. It is the UK Government’s view that the Bill relates to reserved or excepted matters—namely, immigration and nationality—in each of Scotland, Wales and Northern Ireland, and is therefore not within the legislative competence of any of the devolved legislatures.
The United Kingdom Government note that the Senedd has declined to agree a legislative consent Motion in relation to certain provisions in the Bill, but it is our view that the legislative consent process is not engaged in relation to Wales.
Noble Lords will recall that we added a provision on Report relating to legal aid in Northern Ireland. Such a provision may amount to an alteration of the Department of Justice’s executive functions; as such, we consider that this provision engages the legislative consent process in Northern Ireland. However, due to the continued absence of the Northern Ireland Executive and Assembly, a legislative consent Motion cannot be secured.
For completeness, I add that no legislative consent Motion has been considered by the Scottish Parliament. The Scottish Government sought to bring forward such a Motion in relation to the modern slavery provisions in the Bill, but the Presiding Officer concluded that it did not meet the terms of the relevant standing order of the Scottish Parliament and consequently it was not debated. Accordingly, I beg to move.
Lord Murray of Blidworth (Con)
My Lords, I do not want to detain the House for too long at this stage but, in view of what transpired on Report, it is fitting that I say a few words before the Bill completes its passage through your Lordships’ House.
There is clearly some disagreement about the means, but we all agree on the necessary ends: we must stop the boats. It remains the Government’s contention that the provisions of the Bill, as introduced in your Lordships’ House, are a vital plank of the actions we are taking to stop these dangerous, illegal and unnecessary crossings of the channel. As my noble friend Lord Clarke so memorably noted, we have not heard an effective alternative. But, if we are to stop the boats, it is imperative that the scheme provided for in the Bill is robust and sends the unambiguous message that, if you enter the UK illegally, you will not be able to build a life here; instead, you will be detained and swiftly returned, either to your home country or to a safe third country.
As a result of the many non-government amendments agreed by your Lordships’ House on Report, that message is no longer unambiguous. It is, at best, half-hearted and, at worst, now wholly absent from the Bill. The Government are reflecting carefully on each and every amendment, but I have no doubt that many will not find favour with the other place and we will soon be debating them again.
Having said all that, I record my thanks for all the valued contributions made by my noble friends and noble Lords opposite during the Bill’s passage. It is particularly appropriate, following the sad news of his death late last week, that I express my sincere appreciation for the insightful contribution made by Lord Brown of Eaton-under-Heywood at Second Reading. This was one of his last speeches in this place and I am sure that I speak for all noble Lords if I say that his passing is a great loss to this House.
While there has not been much common ground between these Benches and those opposite, I express my gratitude for the candid and courteous way in which the noble Lords, Lord Coaker and Lord Ponsonby, have engaged with me on the Bill. I also extend my thanks to the noble Lord, Lord Paddick, and his Front-Bench colleagues for their clarity of message, albeit not one that I have been able to agree with.
Finally, I am duty bound to record my sincere gratitude for the invaluable help and assistance of my noble friends Lord Sharpe and Lord Davies and my noble and learned friends Lord Bellamy and Lord Stewart. I put on record my particular thanks to the excellent Bill manager, Mr Charles Goldie, and thank Gurveer Dhami, the deputy Bill manager, the whole of the Bill team, my private office staff and the officials and lawyers in the Home Office and the Ministry of Justice who have provided excellent support, along with the first-class drafting of the Office of the Parliamentary Counsel.
As I have indicated, I suspect it will be an unusually short time before we are debating these matters again, but for now I beg to move that this Bill do now pass.
Lord Cormack (Con)
My Lords, we have a short time before this Bill comes back and I would like to take this opportunity to say to my noble friend that the Bill has been significantly altered and, in the view of many of us, generously improved in your Lordships’ House.
My noble friend said some fairly strong words and, of course, he is fully entitled to do that but I urge that he discusses with his ministerial colleagues, particularly the Home Secretary, some of the speeches that have been made in this House and the underlying concern of those speeches—many of them made from this side of the House—that there is an absence of kindness, consideration and concern in the Bill that came before us at Second Reading.
The Bill has been improved. It has been made more human and more humane. If there is a particular thing that illustrates what I am trying to say—and it was raised earlier this afternoon, and I raised it myself in the gap when we debated the Windrush generation on Friday—it is that this incident of the painting out of murals designed only to amuse unaccompanied children sends out a message that, frankly, is not worthy of our country. I urge my noble friend to permeate his discussions on this Bill and his consideration with the Home Secretary as to which amendments can be amended, which can be accepted and which they feel they have to resist, with a recognition that it is the kindness and consideration of this country that have made it a great country. One has only to cite the Jews in the years before the war and the Ugandan Asians who came into this country 50 years ago, both enriching our communities.
Of course we cannot have boat people coming indiscriminately, but we must recognise that they are human beings, that they are individuals and that they are worthy of consideration as such. I implore my noble friend to enter some of that spirit into the discussions that he is shortly to have with the Home Secretary and his ministerial colleagues.
Lord Coaker (Lab)
My Lords, I start on a sombre note and join other noble Lords and the Minister in paying tribute to Lord Brown, who will be sorely missed by us all. He spent many an hour in the tearoom and elsewhere trying to explain various legal niceties to me in a very calm and dignified way, always treating me with a respect and courtesy I am not sure I deserved. He was a truly remarkable man and a pleasant individual. He will be missed by us all, and it is very sad that he has left us.
I will start with some usual courtesies before I make a couple of comments. I thank the Minister for the briefings he gave us. We have fundamentally disagreed on certain things. We were not pleased about the lateness of the impact assessments, as my noble friend Lady Lister made clear. To be fair to the Minister, even when we have fundamentally disagreed, he has always tried to brief me with respect to the Bill, and I am grateful for that. I thank his colleague, the noble Lord, Lord Sharpe, for being similarly available whenever needed with respect to the Bill. Again, we disagreed on various things, but I appreciated his courtesy and help. I would be grateful if he could pass on my thanks to the noble and learned Lords, Lord Bellamy and Lord Stewart, who at different times contributed to the Bill. I have to mention the Government Whip, who sat there all the way through with his normal face, which was always interested and agreeable. It was a pleasure to talk to him, if no one else at times. I also thank the Minister’s officials, who have been really helpful.
My noble friend Lord Ponsonby is always a welcome contrast to my calm and unexcitable demeanour. He generates the rhetoric, drive and passion that I sometimes lack, and I am grateful for him encouraging me to have a bit more zeal at times—but seriously, it is good to have him alongside me. I am grateful to the officials in our office, Dan Stevens and Clare Scally, who have been very helpful, and my Back-Bench colleagues—I am always a bit nervous about this; it is like being at a wedding when you forget the aunt at the back—particularly my noble friends Lady Chakrabarti, Lord Dubs, Lady Lister, Lord Bach, Lord Cashman and Lord Hunt, and many others, for their support and help as the Bill has gone through. I thank the noble Lord, Lord Paddick, and his team for their co-operation, and Peers from across the House, some from unexpected quarters, who rang me to ask about different things. It has been a pleasure to work with them.
I want to start with some related points, including the comment made by the noble Lord, Lord Deben. Having said what I said about the Minister, a couple of the things he said at the beginning were disappointing. There may have been times when some have thought it the right thing to do but, generally speaking, this House has not sought to block the Bill. It has recognised that the Commons has a right to pass its legislation. However, many in this House feel that the payback for that—for want of a better way of putting it—is that the other place has to respect that this place has a constitutional role to play as well. We will not be intimidated or made to back off from passing amendments that we think are important, or from saying where we think the Government have got it wrong.
I have been in government; it is hugely irritating to a Government to have this happen, but it sometimes works, in that better legislation is passed. If two and two does not make four, there is a problem. On a Bill as controversial and difficult as this, it is only right that large numbers of amendments be passed. It is only right to ask the other place—as a number of Peers have done—to give due consideration, in proper time, to the amendments we have passed and to adapt and make changes.
To be frank, it is difficult to know exactly what we should think about what will happen tomorrow, given that the only briefing we have had has gone to the newspapers and the media, telling us what to expect in the amendments to be published tomorrow or later today. Some may be things that we could agree to. Many in this place, including me, and a number of Members in the other place, will say that it cannot be right that journalists are ringing to ask your opinion, when you have no idea about it. They ask why you cannot comment and you have to say, “Well, I don’t know what the Government are suggesting”. That cannot be right, and it needs to be looked at.
The noble Lord, Lord Deben, made a passionate point. Sometimes, if a Government get something wrong, as they have with the murals at the detention centre, the right thing to do is to stand up and say that it should not have happened and they will make sure it does not happen again.
As part of our co-operation and work together, the Minister organised a trip to Dover and to Western Jet Foil for my noble friend Lord Ponsonby and myself. My noble friend and I went to the facility with the mural, where Mickey Mouse was painted on the wall. There was nothing offensive about it—nothing at all that anybody could take offence at. All it did was provide comfort and a sense of belonging to children in a desperate situation, which, presumably, is why somebody painted it. They did not paint it out of badness, or to make a political point or embarrass the Government. This was simply a human being, no doubt as an act of kindness, painting something on the wall to comfort children in a desperate situation.
In addition to the Minister’s response being wrong and disappointing, the noble Lord, Lord Deben, made the point he made—he will correct me if I am wrong—in order to show that that attitude cannot prevail when considering the other amendments we have sent to another place, where they are generally dismissed out of hand. The Government may have given way on four, five or six—we do not know—but the 20 or so amendments sent there deserve proper consideration. If the Government object to them, they will need to give a proper explanation. Underlying what the noble Lord, Lord Deben, said, that is what we are asking for.
This place deserves its proper position within the functioning of the constitution of this country. If it does not have that, the consequence will be poorer legislation. In respect of an Illegal Migration Bill that is so controversial, the impact will be on innocent people, including children, who do not deserve it.
Lord Murray of Blidworth (Con)
My Lords, I will not address all the speeches, but I can certainly say that I agree with parts of almost all of them. Of course, noble Lords are entirely right that I and the department should think deeply about the amendments proposed, and we will. It is clear that there will be some changes, and I hope to work with noble Lords on that in due course.
Without Lord Brown, this House is very much a lesser place, and I am glad that we had an opportunity to reflect on that today.
Missing Asylum Seeking Unaccompanied Children
Lord Murray of Blidworth Excerpts(10 months, 2 weeks ago)
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Baroness Chakrabarti
To ask His Majesty’s Government what steps they are taking to find all the asylum seeking unaccompanied children who have gone missing from Home Office care.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
While the responsibility for locating missing children is ultimately for the police, the Home Office works closely with local authorities and other partners to try to locate missing unaccompanied asylum-seeking children and ensure that they are safe. As part of this, the Home Office continues to collaborate with the National Police Chiefs’ Council and the National Crime Agency to ensure consistency in our national approach and response.
Baroness Chakrabarti (Lab)
I am grateful for that. Could the Minister help the House with the number of those who were lost and the number who have been found to date, and whether photographs have been passed to the police for a national campaign? What about the ongoing safeguarding issue? Recent court proceedings reveal that 40% of those now in unregulated hotels are under 16, including some as young as nine. Is that not a grave and dangerous dereliction of duty?
Lord Murray of Blidworth (Con)
The noble Baroness would not expect me to comment on ongoing litigation. I can provide her with the statistics: there are presently 154 unaccompanied children who are currently missing. Of that 154, 100 have since turned 18, and 25 of the 154 currently missing were age-disputed individuals.
Lord Laming (CB)
My Lords, the Minister will agree that these children are especially at risk, having come to a strange country and not understanding the language, of being easily picked up in cars and taken off, never to be seen again. Would the Minister be willing to explore the possibility of introducing stronger safeguards, so that we can be reassured that fewer of these children will be lost in the future?
Lord Murray of Blidworth (Con)
I can reassure the noble Lord that we take the welfare of these vulnerable children extremely seriously. We have had no alternative but to temporarily use hotels to give children in this situation an immediate roof over their heads while local authority accommodation is found. I can confirm to the House that we have robust safeguarding procedures in place, to ensure that all unaccompanied asylum-seeking children are accommodated and supported as safely as possible while we seek urgent placements with a local authority—and I might add that we are determined to stop the use of hotels as soon as possible.
Lord Scriven (LD)
My Lords, the judgment in the High Court in June of the Article 39 case shows that these children are indeed, as part of the Children Act, children in need, and covered by Sections 47 and 17 of the 1989 Act, and Section 11 of the 2004 Act. In light of that judgment, what changes are the Home Office going to make to ensure that local authorities can carry out their statutory duties, without hindrance, to those children who are placed in these hotels?
Lord Murray of Blidworth (Con)
As the noble Lord will be aware, and as the court made clear, the situation was that the local authority was unable to accommodate these children on arrival, so the Home Office was obliged to accommodate them in the interim. Steps were taken to ensure that that accommodation was appropriate and secure. I can assure the noble Lord that obviously we continue to review the need for hotels and, as I said a moment ago, it is our ambition to close them as soon as we can.
Lord Dubs (Lab)
The Minister has just said that the Government take the welfare of unaccompanied children seriously. How does that relate to the arrivals centre in Dover, which had cartoons and welcoming signs for children removed on the orders of the Home Office Minister because it might make the children feel too welcome? Is that not a disgrace? Is it not time that Government Back-Benchers felt as embarrassed as we are that this is happening in our country?
Lord Murray of Blidworth (Con)
The murals that the noble Lord refers to were provided by our detention contractors and were not commissioned or approved by the Home Office. It is clearly the correct decision that these facilities have the requisite decoration befitting their purpose.
The Lord Bishop of Chichester
My Lords, our duty of care in the welfare of children is provided for in a number of ways: the Children Act is one, as is the routine of Ofsted inspections of schools and children’s care homes. Can the Minister confirm that, if an asylum-seeking unaccompanied child is found after going missing from Home Office accommodation, they will not be returned to hotel accommodation but instead will be returned to local authority care, where all their rights under the Children Act can be met and the quality of their accommodation will be subject to Ofsted regulation and inspection?
Lord Murray of Blidworth (Con)
Obviously, each case is different. If a child were to go missing from Home Office accommodation, depending on when and where they are located, they would be either returned to the local authority, if a space has become available in local authority accommodation, or relocated for a short period and returned to Home Office accommodation. In all circumstances, the child’s needs and appropriate accommodation are paramount.
Lord Brownlow of Shurlock Row (Con)
My Lords, frankly, I am ashamed of the Minister’s previous answer. I think people in this House and the wider community would have preferred his answer to be that it was a mistake to paint over those murals and that a contract will be commissioned to repaint them. We are a welcoming country. While I accept that the Government’s Bill is needed to deter people, it is time we showed some compassion.
Lord Murray of Blidworth (Con)
As I say, the decoration of these facilities is a matter for the Home Office. It is a detention facility for those who have entered the country unlawfully and it is appropriate that it is decorated in a manner that reflects its purpose.
Lord Coaker (Lab)
Can I ask the Minister to reflect again on what his noble friend and my noble friend Lord Dubs have just said? Is it really the Government’s position that it was perfectly justified to paint over these murals in a detention centre for children? Can the Minister not see how frankly astonished and, to use the noble Lord’s phrase, ashamed we are that this has happened? The least we would have expected is that the Government are sorry that it has happened, are looking into it and are going to make sure that it never happens again. Will the Minister reflect on his answer and see how appalled the Chamber was by what he said?
Lord Murray of Blidworth (Con)
I reassure the noble Lord that we take the welfare of children in our care very seriously. The point is that those children are held at the Kent intake unit for only as short a time as possible. Of course, the age of the children held at that unit can be anything up to 18 years old and, as this House knows from repeated answers, the majority of those passing through that unit are in the upper end of the available age bracket.
Lord German (LD)
My Lords, in response to my noble friend’s question earlier, the Minister said that local authorities could carry out their responsibilities under Section 17 of the 1989 Act—but how on earth can they do that if the Home Office does not tell them where these children are located?
Lord Murray of Blidworth (Con)
The Home Office does of course notify local authorities of the arrival of children. We have something called the national transfer scheme, of which the noble Lord is no doubt aware, which has seen 4,875 children transferred to local authorities with children’s services between 1 July 2021 and 31 March this year. That is over six times the number of transfers as in the same timeframe in previous years.
Baroness Meacher (CB)
My Lords, I think the Minister will be aware that we are at risk of losing our reputation as a country that upholds human rights, in particular those of children, because of the treatment of unaccompanied children under the Illegal Migration Bill. What plans does the Minister have to ensure that all unaccompanied children are cared for only under the auspices of local authorities and never under the Home Office in order to try to rescue the reputation of this country?
Lord Murray of Blidworth (Con)
As I say, it is the Home Office’s intention to ensure that all unaccompanied asylum-seeking children are placed into local authority care as soon as it becomes available. That has been achieved with great success in recent times. Indeed, for a number of weeks recently there were no asylum-seeking children in hotels—although that is not the case at the moment.
Windrush Generation: 75th Anniversary
Lord Murray of Blidworth Excerpts(10 months, 2 weeks ago)
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Lord Murray of Blidworth
That this House takes note of the 75th anniversary of the arrival of the Windrush generation.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, it is a great privilege and honour to represent the Government at this debate on a topic that matters so deeply to us all. We have, over the past few days and weeks, been marking a supremely special moment in our history. The people who arrived in Britain that June day 75 years ago, and in the months and years that followed, are an essential part of our national story. One can only imagine the sense of excitement, anticipation and apprehension that those aboard the HMT “Empire Windrush” felt as they approached Tilbury and disembarked. There would be hardships and obstacles to overcome but, through sacrifice, endurance and an indomitable spirit, overcome they did. In so doing, they played an invaluable role in rebuilding our country and public services in the aftermath of the Second World War. They were, as His Majesty the King put it so aptly, “pioneers”.
What has come to be known as Windrush Day was a hugely significant milestone for those beginning their new lives here, but there is meaning to be found in that day not just for them but for all of us. This was a seminal moment in our collective history, a symbol of the diversity that is a defining feature of our society. The Windrush generation and its children and grandchildren have enhanced and enriched our society in myriad ways. We see it everywhere, in sport, culture, art, business, politics, the National Health Service and the emergency services—the list goes on. So vast and sweeping has been their contribution that it would be a fool’s errand for me to attempt to do it justice in the relatively modest amount of time available to me.
Instead, I shall simply say this: we owe the members of the Windrush generation a huge debt. Our country would be greatly diminished if they had not come here three-quarters of a century ago. It is right that we cherish them, and it is right that we recognise them, not only for all they have contributed and done but for what Windrush signifies. There are all sorts of ways that we can do that, of course. This year’s commemorations have been especially significant as we mark the 75th anniversary. It has been very special indeed to see the Windrush story showcased so prominently through events, documentaries, articles, exhibitions and much more. Above all, it is through hearing and reading the accounts of those who were part of this unique story that one gets a true sense of their accomplishments. The anniversary has been joyous and poignant in equal measure, and I sincerely hope that those being celebrated feel that their voices have been heard and their contributions recognised. The Government have supported that effort through educational, arts and sporting projects and activities across the United Kingdom.
Of course, remembrance and recognition need not be confined to anniversaries. We now have a magnificent National Windrush Monument, following its unveiling at Waterloo station last year. The Government were delighted to provide funding for the project, which stands as a permanent tribute to the Windrush generation and its descendants and a powerful reminder of its contribution for the millions of people who pass through one of our busiest stations every year. Many people helped to make the memorial a reality. I am grateful to every one of them, but it would be remiss of me not to single out the contribution of the noble Baroness, Lady Benjamin. This is, of course, a subject of deep personal resonance for her, and I am sure that the whole House will join me in commending her not only on her work on the memorial but also on Windrush generally.
The story of the Windrush generation is uplifting and inspirational—a story of struggles overcome and of resilience through adversity. That the story should come to include a chapter of suffering and distress in recent years is a source of profound sadness for us all. The terrible injustices that have come to light shocked the whole country to its core. What happened to the victims of the Windrush scandal was an outrage; it should never have happened. The effects remain painful and difficult. My department—the Home Office—and indeed the whole Government, are absolutely determined to right the wrongs. Although compensation cannot undo the hurt caused, it was right that the Government put in place schemes to provide documentation and compensation, and I repeat the promises made by successive Home Secretaries that those schemes will not close. We have paid or offered more than £75 million in compensation. We have provided documents to thousands to enable them to document their status.
While righting the wrongs will remain a key focus for the Government, I know that some representatives of that generation are keen for the name “Windrush” to be reclaimed from the taint of that scandal. They want it returned to its original status as a symbol of all that is great about that generation and its descendants—a symbol as strong and visible as the wonderful monument I spoke of a moment ago.
This debate is an opportunity to reflect on all that the Windrush generation, its relatives and its communities have done for our country. It is an opportunity to celebrate the 75th anniversary of the arrival of that ship—a ship of hopes, dreams and opportunities. We are here to celebrate and thank those who came to work in the NHS—then, as now, a social innovation like no other, and one that is of course enjoying its own 75th jubilee. We are here to celebrate and thank those who came to revive the post-war transport and industrial infrastructure without which this country would not have flourished in the second half of that century. We are here to celebrate and thank those who brought new vibrancy and artistic energy to enrich our cultural landscape and whose contributions have helped to make Great Britain a world leader in the arts.
We know that members and descendants of that Windrush generation continue to serve their country in many guises, including in the police and fire services, education, the care sector and social work. We see other contributions made to our economy, our social fabric and our futures, whether as business and technology leaders, artists, musicians, scientists, designers and researchers and in sport and charity work. Our spiritual lives have been enhanced by the churches, faith groups and religious leadership provided by members of that community and their relatives. By choosing to serve others, every generation inspires and encourages the next and strengthens the bonds between us all.
I look forward to a debate befitting of the significance of this anniversary as we celebrate the undeniable achievements of the Windrush generation and subsequent generations. I know that we will hear heartfelt and insightful contributions across the House. That being the case, rest assured that I will very shortly take my seat. Before I do, I will quote an immensely powerful poem by Professor Laura Serrant:
“You called…and we came”.
That is exactly right. We called. They came. I will be ever grateful that they did.
Illegal Migration Bill
Lord Murray of Blidworth ExcerptsWednesday 5th July 2023
(10 months, 2 weeks ago)
Lords ChamberRead Full debate Illegal Migration Act 2023 View all Illegal Migration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 148-III Third marshalled list for Report - (3 Jul 2023)
Lord Coaker (Lab)
My Lords, I thank the noble Baroness, Lady Meacher for her last comments; I am sure all of us agree with them.
I support Amendment 156A in the name of the right reverend Prelate the Bishop of Durham. It is a very important amendment. Of course, when people come forward with sensible and constructive suggestions which would improve an amendment that has been put forward, I have no problem with that, and I know the right reverend Prelate the Bishop of Durham has no problem with that either. In line with the remarks made by the noble Viscount, Lord Hailsham, and the noble and learned Lord, Lord Hope, were the noble and learned Lord to move Amendment 158A, we would be minded to support that too, because it seeks to improve the Bill in the way that he said. It would be silly not to do so. I thank him for tabling it and hope he will spare me a heart attack from running around to make sure that it is all is in order.
The serious point is that the amendment would improve the Bill. As has been said, rather than restricting this to areas of law only, it opens it up to grounds of fact. It is a much more sensible, improved amendment, and it would be silly not to accept it. We will see what the House has to say should the noble and learned Lord, Lord Hope, be minded to move his amendment after Amendment 156A.
Nobody doubts the difficulties that can arise in respect of age assessments, particularly as many of the disputes for unaccompanied children arise around the claimed age of 16 or 17. The Nationality and Borders Act 2022 had relevant provisions, but those have been superseded by the Illegal Migration Bill. The Bill specifically allows for an individual, where there is a disputed age assessment, to be removed—in other words, an individual’s challenge to a decision by way of judicial review is non-suspensive. Amendment 156A, in the name of the right reverend Prelate the Bishop of Durham and others, seeks to address that injustice.
The Government will quote evidence saying that large numbers of individuals claiming to be children are not, and that the system is open to abuse. I point out that in the JCHR report the Helen Bamber Foundation states that, in 2022, 70 local authorities had 1,386 referrals to their children’s services of young people sent to adult accommodation or detention, but 63% were then found to be children. It is therefore deeply concerning that judicial oversight of these decisions is being ousted, and that they will then be removed from the UK while decisions are confirmed or not. As the noble and learned Baroness, Lady Butler-Sloss, says, how can that possibly be in the best interests of the child—something that has driven public policy in this country for decades?
Others have raised the child’s rights impact assessment. Since we got it only at 5 pm yesterday, it has been difficult to go through it, so I apologise for asking questions that would really be more appropriate in Committee. On the deportation of children—were the Bill to go through unamended—it may interest noble Lords for the Minister to explain why there has been a change of public policy with respect to the use of reasonable force. On the use of force by the Home Office under the Bill, page 4 of the impact assessment says:
“While this is technically not age restricted, use of force against minors is not permitted under current policy except where in the rare circumstances there is a risk of harm”.
I think we all accept that; if a child is going to hurt themselves, you necessarily expect someone to try to intervene in that circumstance. It goes on to say:
“Use of force is not currently used against minors for compliance/removal purposes. We do not envisage the use of reasonable force being used for such purposes under the auspices of the new bill”—
this is the important phrase—
“unless it is necessary as a last resort where other methods to ensure compliance have failed”.
That is a major change of public policy, included in a document that we are being asked to consider at the last stages of Report. The Government are saying that reasonable force can be used in the deportation and removal of children under the auspices of the Bill, rather than it just being used in the circumstances of preventing harm. Nobody would disagree that if you are preventing a child hurting themselves, of course you have to use force and intervene appropriately, but this does not say that. I repeat: it says
“as a last resort where other methods to ensure compliance have failed”.
The House deserves an explanation of why the Government not only have changed public policy with respect to the lack of judicial oversight of age assessment but are now proposing, to ensure that children can be removed under the Bill, to allow reasonable force to be used.
I will not do this but, if this were Committee, noble Lords can imagine all the questions we would ask about training, about what “reasonable force” means and so on. That is not available to us, which makes it even more important that we support the amendment from the right reverend Prelate the Bishop of Durham—with the improvement suggested by the noble and learned Lord, Lord Hope, if he moves his amendment as well—to protect children, some of the most vulnerable people who come to our shores.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, as we have heard, these amendments take us on to the provisions regarding age assessments. Given that, under Clause 3, unaccompanied children will be treated differently from adults, and given the obvious safeguarding risks of adults purporting to be children being placed within the care system, it is important that we take steps to deter adults from claiming to be children and to avoid lengthy legal challenges to age-assessment decisions preventing the removal of those who have been assessed to be adults. Receiving care and services reserved for children also incurs costs and reduces the accessibility of these services for genuine children who need them.
Assessing age is inherently difficult, but it is crucial that we disincentivise adults from knowingly misrepresenting themselves as children. Our published data shows that, between 2016 and March 2023, there were 8,611 asylum cases in which an age assessment was required and subsequently resolved. Of those cases, nearly half— 47%, or 4,088 individuals—were found to be adults. This percentage aggregates initial decisions on age taken upon arrival, comprehensive assessments and the outcomes of legal challenges. I make clear that only those assessed to be adults will fall within the duty.
Accordingly, Clause 56 disapplies the right of appeal for age assessments, which is yet to be commenced and was established in Section 54 of the Nationality and Borders Act 2022, for those who meet the four conditions in the Bill. Instead, those wishing to challenge a decision on age will be able to do so through judicial review, which will not suspend removal, and can continue from outside the UK after they have been removed. In answer to the noble Baroness, Lady Lister, I say that we are keeping the commencement of Section 54 under review, but I am unable to provide a further update at this stage.
Clause 56(5) provides the basis on which a court can consider a decision relating to a person’s age in judicial review proceedings. It provides that a court can grant relief
“only on the basis that it was wrong in law”,
and must not do so on the basis that it
“was wrong as a matter of fact”.
This distinguishes the position that the Supreme Court adopted in its judgment in the 2009 case of the Crown on the application of A v London Borough of Croydon, page eight. The intention is to ensure that the court cannot make its own determination on age—which should properly be reserved for those qualified and trained to assess age—but instead can consider a decision on age only on conventional judicial review principles.
Viscount Hailsham (Con)
The court will receive evidence from people who have made these assessments, and courts are well versed in determining which evidence is to be preferred.
Lord Murray of Blidworth (Con)
As my noble friend well knows, under a conventional judicial review challenge, the court will review the process of the decision and whether the decisions made were appropriate, applying the conventional judicial review tests, not balancing the evidence and coming to its own conclusion on the facts. The Government’s position is that it is appropriate for those tasked with assessing a person’s age to be entrusted with that responsibility, subject to review on judicial review principles. As the noble and learned Lord, Lord Hope, said, this includes a test of Wednesbury unreasonableness—a decision so unreasonable that no properly directed tribunal could have reached it.
Lord Hope of Craighead (CB)
I want to be absolutely clear: is the Minister accepting my amendment? I have drafted it as carefully as I can to bring it within the scope of that kind of challenge.
Lord Murray of Blidworth (Con)
I am coming to the noble and learned Lord’s amendment and will answer that question in a second.
We consider that these provisions are entirely necessary to safeguard genuine children and guard against those who seek to game the system by purporting to be adults. It follows that I am afraid I cannot support Amendments 156A and 158A. However, I assure my noble friend Lord Hailsham that age assessments will, as now, be undertaken in a careful and professional manner. This is not a perfunctory exercise, and it is in everyone’s interests that we get it right.
Member's explanatory statement
This amendment confirms that, on an application for judicial review of a decision mentioned in Clause 56(3), the court or tribunal must treat a person’s age as a matter of fact to be determined by the relevant authority.
Member's explanatory statement
This amendment, the second amendment in the name of Lord Murray of Blidworth at page 63, line 1 and the amendments in the name of Lord Murray of Blidworth at page 63, line 2 and page 63, line 25 replace the requirement to consult such representatives of district councils in Northern Ireland as the Secretary of State thinks appropriate about regulations under Clause 59(1) with a requirement to consult the Executive Office in Northern Ireland.
Lord Murray of Blidworth (Con)
My Lords, I am to be brief in setting out the government amendments in this group. As the House will recall, Clause 59 provides for the Secretary of State to make regulations specifying the maximum number of persons who may enter the UK annually using safe and legal routes. Such regulations must be debated and approved by Parliament. Before making such regulations, the Secretary of State is required to consult representatives of local authorities and such other persons or bodies as they consider appropriate. The intention is that the annual cap reflects the country’s capacity to accommodate, integrate and otherwise support those admitted through safe and legal routes.
Local authorities in Northern Ireland do not have the same remit as those in England and Wales and Scotland. In the context of migration, the relevant functions rest with the Northern Ireland departments. Following discussions with the Executive Office in Northern Ireland, Amendments 161A, 161B, 161C and 162A replace the requirement to consult representatives of local authorities in Northern Ireland with a requirement to consult the Executive Office. The Executive Office will then consult other Northern Ireland departments to inform the response to the Secretary of State.
I will respond to the other amendments in this group once we have had an opportunity to hear from other noble Lords. For now, I beg to move.
The Lord Bishop of Durham
My Lords, I again note my interests as laid out in the register. I will speak to Amendment 162. In Committee, I explained the well-intentioned nature of this amendment and hoped it would have afforded the Minister the opportunity to clarify that any cap placed on safe and legal routes would exclude current named schemes already in operation. I appreciate the Minister’s comments. He said:
“The cap will not automatically apply to all current and new safe and legal routes that we offer or will introduce in the future.”—[Official Report, 4/6/23; col. 1980.]
But, with respect, how can local authorities reflect on accommodation provision for new routes without excluding their current commitments from this assessment?
“Safe and legal routes” is not a term that is tightly defined in the Bill, so we are left, as is now unfortunately commonplace, with regulations in this area. Arguably, however, it is not unreasonable for Members to presume that “safe and legal routes” would be for those seeking protection outside existing visa schemes who would be granted refugee status. Therefore, why are the Government leaving the possibility that those who are not granted refugee status could be included within the cap? This applies to schemes such as Homes for Ukraine, which requires a visa—the people in question are not refugees—Hong Kong BNO visas, which are actually for overseas citizens, and the Afghan relocations and assistance policy, which is in recognition of all that happened in Afghanistan. As my noble friend Lady Brinton put it to the Minister in Committee, those from Hong Kong are actually British citizens. I thank the Minister for the meeting that he held with me and her on that specific question.
We still have no credible evidence on the deterrence impacts of this Bill, but we know that offering accessible and safe routes will help prevent people having to make the agonising decision to travel irregularly to reach sanctuary. However, by including current schemes in the proposed cap, we will severely restrict our ability to implement any such safe routes, as there would be limited room, if any, for additional routes. Over the first quarter of this year, 22,000 Ukrainians and British nationals from Hong Kong were resettled here. If we had a cap of 20,000 and those 22,000 were included, we would have a problem. It is to the Government’s credit that these 22,000 have come, but it cannot be used as a justification to abdicate our responsibility to do more across a wider global cohort.
If we do not provide safe routes to those who have had no choice but to uproot their lives to seek safety, we are choosing to require them to rely on dangerous journeys. Perversely, this will create a market for those smugglers determined to capitalise on others’ suffering.
The child’s rights impact assessment states:
“Anybody arriving in the UK through the methods specified in the bill presents a risk to the public due to the very nature of their arrival”.
I put it to the Minister that the vast majority do not pose a risk to our country; what is at risk is their lives. That is why they have fled. I therefore welcome that the Prime Minister has promised that the Government will create more safe and legal routes. This amendment will enable the Government to do only what they have set out to do. Without it, I fear this vital and necessary work will stop before it has even started and the world’s most vulnerable will pay the price.
I wonder whether using the word “person” in Clause 59(1) is unhelpful here and whether it should say “asylum seeker and refugee” instead. Would the Minister consider bringing that back at Third Reading? Beyond Amendment 162, I support the other safe and legal routes proposed here, in particular that in Amendment 164 in the name of the noble Baroness, Lady Stroud.
Lord Ponsonby of Shulbrede (Lab)
My Lords, this has been a wide-ranging debate on a number of issues of substance. I speak briefly to say that, on these Benches, we will be supporting the noble Baroness, Lady Stroud, on her amendment. The noble Lord, Lord Kirkhope, talked about his time in the Foreign Office and the mixing up of UN and national schemes. My noble friend Lord Triesman, who had a similar position to the noble Lord, said he was absolutely right in the way he summed up the position. So, we are happy to support the noble Baroness, Lady Stroud, on her amendment.
There have been a number of speeches that have reflected on the extremity of the situation for many people who want to come here. I thought the noble Lord, Lord Kamall, was very fair in the way he summed up his position in supporting Amendment 164. He introduced his speech by saying he wants to fix little bits of the system to make it work better. I agree with that point, and that can be done through Amendment 164.
I say to my noble friend Lady Kennedy that I too met Anna Politkovskaya when I was a member of the OSCE in the early 2000s, and she was killed just a couple of months after I met her. There are people in absolutely extreme and desperate situations and there are many pressures on the Government—we understand that—but the noble Baroness, Lady Stroud, is doing no more than asking the Government to put what they have promised from the Dispatch Box on the face of the Bill.
Lord Murray of Blidworth (Con)
My Lords, this has been an interesting debate. My noble friends Lord Hodgson and Lord Lilley and the noble Lord, Lord Green, made some powerful points, in particular on the presumed impact of some of these amendments on our ability to stop the boats. They also again highlighted the need to link the numbers admitted to the UK through safe and legal routes to our capacity to accommodate and support those who arrive through those routes.
Amendment 162, put forward by the right reverend Prelate the Bishop of Durham, seeks to exclude certain existing schemes from the safe and legal routes cap provision in this Bill. Exempting routes from the cap is not in keeping with the purpose of the policy, which is to manage the capacity on local areas of those arriving through our safe and legal routes. That said, I would remind the House that the cap does not automatically apply to all current or any future routes. Each route will be considered for inclusion on a case-by-case basis. This is due to the individual impact of the routes and the way they interact with the immigration system. This is why my officials are currently considering which routes should be within the cap and this work should not be pre-empted by excluding certain routes from the cap at this stage. I also point the noble Lord, Lord Kerr, to the power to vary the cap, set out in the Bill, in cases of emergency.
Amendment 163 would see the United Kingdom establish a new route for those who are persecuted on the basis of an individual’s protected characteristics—advanced by the noble Lord, Lord Alton. This would be a completely new approach to international protection that goes far beyond the terms of the refugee convention. At present, all asylum claims admitted to the UK system, irrespective of any protected characteristic, are considered on their individual merits in accordance with our international obligations under the refugee convention and the European Convention on Human Rights. For each claim, an assessment is made of the risk to the individual owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Critically, we also consider the latest available country of origin information.
Under the scheme proposed by the noble Lord, Lord Alton, there would be no assessment of whether, for the individual concerned, there exists the possibility of safe internal relocation, or whether the state in which an individual faces persecution by a non-state actor could suitably protect them. As well as extending beyond our obligations under the refugee convention, this amendment runs counter to our long-held position that those who need international protection should claim asylum in the first safe country they reach—that remains the fastest route to safety.
Amendment 164, tabled by my noble friend Lady Stroud, seeks to enshrine in law a requirement to bring in new safe and legal routes within two months of the publication of the report required by Clause 60 of the Bill. This puts the deadline sometime next spring. I entirely understand my noble friend’s desire to make early progress with establishing new safe and legal routes, but it is important to follow proper process.
We are rightly introducing, as a number of noble Lords have observed, a requirement to consult on local authority capacity to understand the numbers we can effectively welcome, integrate and support arriving through safe and legal routes. We have committed to launching such a consultation within three months of Royal Assent of this Bill, but we need to allow local authorities and others time to respond and for us to consider those responses. We also, fundamentally, need to make progress with stopping the boats— stopping the dangerous crossings—to free up capacity to welcome those arriving by safe and legal routes.
Having said all that, I gladly repeat the commitment given by my right honourable friend the Minister for Immigration that we will implement any proposed additional safe and legal routes set out in the Clause 60 report as soon as practicable and in any event by the end of 2024. In order to do something well, in an appropriate manner, we must have time in which to do so. We are therefore only a few months apart. I hope my noble friend will accept this commitment has been made in good faith and we intend to abide by it and, on that basis, she will be content to withdraw her amendment.
Amendment 165, proposed by the noble Lord, Lord Purvis, would enable those seeking protection to apply from abroad for entry clearance into the UK to pursue their protection claim. Again, such an approach is fundamentally at odds with the principle that a person seeking protection should seek asylum in the first safe country they reach. We also need to be alive to the costs of this and indeed the other amendments proposed here. I note the comments of the noble Lord, Lord Purvis, on the costs of Amendment 165, but I have to say that I disagree. Our economic impact assessment estimates a stream of asylum system costs of £106,000 per person supported in the UK.
The noble Lord’s scheme is uncapped; under it, there is a duty to issue an entry clearance to qualifying persons. Let us say for the sake of argument that 5,000 entry clearances are issued in accordance with that amendment each year, under his scheme. That could lead to a liability of half a billion pounds in asylum support each year. What is more, as my noble friend Lord Lilley so eloquently pointed out, it would not stop the boats. Those who did not qualify under the scheme would simply arrive on the French beaches and turn to the people smugglers to jump the queue.
Amendment 166 seeks to create an emergency visa route for human rights defenders at particular risk and to provide temporary accommodation for these individuals. This Government recognise that many brave individuals put their lives at risk by fighting for human rights in their countries. These individuals are doing what they believe to be right, at great personal cost. However, when their lives are at risk, I say again that those in need of international protection should claim asylum in the first safe country they reach. That is the fastest route to safety. Such a scheme would also be open to abuse, given the status of human rights defenders, and that anyone can claim to be a human rights defender.
Lord Purvis of Tweed (LD)
Is the UK resettlement scheme that the Government currently operate capped?
Lord Murray of Blidworth (Con)
Presently, no, but clearly it will be subject to the cap. The problem, as the noble Lord well knows, is that we cannot take as many people as we would like to from the UNHCR because of the numbers who are coming here, jumping the queue by crossing the channel. That is precisely what these measures in the Bill are designed to address.
Amendment 167 seeks significantly to increase the scope of the UK’s family reunion policy, with no consideration as to how these individuals are to be supported in the UK, which could lead of itself to safeguarding issues. The amendment would even allow individuals to sponsor non-relatives. The present family reunion policy provides a safe and legal route to bring families together. Through this route, we have granted over 46,000 visas since 2015. This is not an insignificant number.
Family reunion in the UK is generous, more so than in the case of some of our European neighbours. Sponsors do not have to be settled in the UK, there is no fee and no time limit for making an application, and there are no accommodation or minimum income requirements which applicants must meet. There is also discretion to grant visas outside the Immigration Rules, catering to wider family members when there are compelling and compassionate factors. Given this track record, I remain unpersuaded of the case for the significant expansion of the family reunion route, as proposed by this amendment.
Finally, I apologise to the noble Lord, Lord Purvis, that I still owe him a letter arising from the Committee stage debate. I shall ensure that it is with him this week.
It is worth repeating that the people of this country have been generous in offering sanctuary to over half a million people since 2015. But our willingness to help those fleeing war and persecution must be tied to our capacity to do so. Clauses 59 and 60 are designed to this end. We are committed to introducing safe and legal routes by the end of 2024, and we remain open to a debate about whether the cap provided for in the Bill covers the current schemes set out in the right reverend Prelate’s Amendment 162. I hope that, on this basis, he and other noble Lords will be content not to press their amendments to a Division. I commend the government amendments to the House and beg to move.
(aa) the Executive Office in Northern Ireland”Member's explanatory statement
See the explanatory statement for the first amendment in the name of Lord Murray of Blidworth at page 63, line 1.
Member's explanatory statement
See the explanatory statement for the first amendment in the name of Lord Murray of Blidworth at page 63, line 1.
Lord Ponsonby of Shulbrede (Lab)
I do not question the most reverend Primate’s motives in putting down this amendment. It is a shame that we are ending like this, because it has been a wide-ranging debate about aspirations beyond the Bill. I have certainly never seen an archbishop move an amendment at any stage of a Bill, let alone the latter stages of such a contentious Bill. As the noble Lord, Lord Bourne, said, this has been a passionate and fractious debate; nevertheless, people have raised their eyes—if I can put it like that —to talk about the wider issues we are trying to address through the Bill and into the future. The most reverend Primate’s amendment is about strategy.
My colleague quickly checked on the phone, and I cannot help noting that the noble Lords, Lord Horam, Lord Waldegrave and Lord Green, all voted for the Government in the previous vote and have all indicated that they will be supporting the most reverend Primate in the forthcoming vote. The noble Lord, Lord Horam, is shaking his head; I beg his pardon.
Nevertheless, this has been a remarkable debate, partly for the reason that it has been initiated, and also because it is ending a Bill which has really caught the attention of the wider public. We are dealing with fundamental issues concerning the way we manage our asylum system. The Government and the Opposition acknowledge that there are fundamental problems with the way we deal with these very vulnerable people.
There has been a number of speeches in this debate about Britain taking a leading role in trying to come up with a migration system which addresses these fundamental problems. I have been in this place a long time—some 33 years—and in that time I have been on the OSCE, the Council of Europe and the relevant committees dealing with migration issues. These are fundamentally problematic issues. Here, we are addressing an amendment moved by the most reverend Primate the Archbishop of Canterbury that tries to put a strategy in place, and I invite the Minister to accept it.
Lord Murray of Blidworth (Con)
My Lords, I am very grateful to all noble Lords, but particularly the most reverend Primate, for clearly setting out the rationale behind his amendment. Let me say again from the outset, as I did in Committee, that I entirely understand the sentiment behind the proposed 10-year strategy for tackling refugee crises and human trafficking.
The Government recognise the interconnected nature of migration and the need to work collectively. That is why we are already engaged and working tirelessly with international and domestic partners to tackle human trafficking. As I set out in Committee, we continue to support overseas programmes to fight modern slavery and human trafficking, including through the modern slavery fund, through which more than £37 million of funding has been provided by the Home Office since 2016. The work includes projects across Europe, Africa and Asia, a joint communiqué with Albania and a signed joint action plan with Romania, which reinforce our commitment to working collaboratively to tackle modern slavery and human trafficking in both the short and long term. We also engage with the international community on a global scale by working with multilateral fora such as the G7, the G20, the Commonwealth and the United Nations.
Moreover, while I understand the desire for a published strategy, I would not want this to detract from the work already being done to deliver in this way. This Bill is part of the Government’s strategic and interconnected approach to tackling human trafficking and illegal migration. It is the aim of this Bill to tackle the threat to life arising from dangerous, illegal and unnecessary channel crossings and the pressure that places on our public services.
Furthermore, the view of this Government—one which I believe is eminently sensible—is not to create a siloed refugee strategy. As has been highlighted by many noble Lords throughout Committee and Report, refugee crises are complex and something for the entire international community to address. Indeed, migration by irregular routes to the United Kingdom would usually involve individuals travelling through multiple countries, so it follows that, and I agree with many noble Lords that, the United Kingdom cannot tackle this alone. I certainly also agree with the most reverend Primate’s challenge: that the best way to address displacement on this scale is through a holistic approach, utilising, where appropriate, developmental, diplomatic, military and humanitarian interventions. This is what we are already doing, working with our international partners.
During the debate on the previous amendments, I also detailed the United Kingdom’s work in developing the Global Compact on Refugees and our substantial engagement with the World Bank, which I shall not repeat here. However, I wish to stress that we already engage with our international partners through proper channels and will continue to do so.
Lord Coaker (Lab)
My Lords, our approach to the Bill has always been to respect the fact that the other place has a right to have its legislation passed. As the noble Baroness, Lady Lawlor, mentioned, we have a right to revise, scrutinise and pass amendments seeking to improve or change aspects of the Bill. It is my view and that of His Majesty’s Opposition that this Chamber has done its job—not blocking the Bill, however much we oppose it, but improving it. Numerous improved protections and safeguards have been passed, with requirements to uphold traditional judicial oversight and conform to domestic and international laws. In pursuing this, the proper constitutional function of the Lords, I ask of the other place only that sufficient time is given to allow proper scrutiny and thought to be given to our proposals.
In this context, we cannot support Amendment 168AB and the other amendments spoken to by the noble Lord, Lord German. Of course, we understand the motivation and agree with him about Rwanda and his other points, but it appears that the amendment would block, or at the very least significantly delay, the Bill. In the context of what I have said on a number of occasions, and of what my noble friend Lord Ponsonby has said from the Dispatch Box, we do not support that approach.
My Amendment 168BAA says that Schedule 1 cannot come into force for a country not found to be safe until a decision has been overturned on appeal to the Supreme Court. In other words, I ask the Government to confirm that there is no legislative mechanism that they can or will use to avoid or bypass the judgment of the Court of Appeal and deport people to Rwanda before the Supreme Court makes its decision. I am looking for the Minister to confirm the Government’s approach with respect to this, so that we have it on the record.
The Government may say that this is all unnecessary, and many of us thought that to be the case. However, in the media over the weekend, there were reports that the former Prime Minister, Boris Johnson, has urged the current Prime Minister to fast-track the implementation of the Rwanda migrant policy by changing the law to designate it a safe country. He said that the Government should use their majority in Parliament to use provisions in the Asylum and Immigration Act that would allow them to designate countries as safe. Were the Government to adopt that recommendation from the former Prime Minister, the implications would be clear. Can the Minister categorically rule that out? Presumably, were this to be done, it could be done by secondary legislation—the Minister will be aware of the debate about this on another matter.
Subject to such assurances, I will not press my amendment to a vote—but it would be helpful for the Minister to outline, alongside this, what happens if the government appeal to the Supreme Court fails. Why would this not throw the Government’s policy off course? Do the Government have a plan B, or are they simply ploughing on, in the expectation of a successful appeal? Given the dependence of the Illegal Migration Bill on detention and then deportation, and given the importance of Rwanda to the Government’s policy, it would be interesting to hear what, if anything, the Government plan for that.
Even today, we read that the Border Force’s own forecasts suggest that the boats pledge will fail. As we have said on numerous occasions, we all want to see this challenge met and dealt with—but efficiently and effectively, in a way that is consistent with our domestic and international laws and requirements.
Lord Murray of Blidworth (Con)
My Lords, it will come as no surprise to the noble Lords, Lord German and Lord Coaker, that the Government cannot support these amendments, not least as they are, simply, unnecessary. It may be that they were tabled as a hook to have a further debate about the judgment handed down by the Court of Appeal last week.
As noble Lords will recall, on Thursday afternoon last week, I repeated the Oral Statement that my right honourable friend the Home Secretary had delivered earlier in the day in the Commons; we heard from the noble Lord, Lord Coaker, then. To repeat what my right honourable friend said last Thursday, we respect the Court of Appeal’s judgment and welcome the fact that it unanimously found in the Government’s favour on the vast majority of the appeals brought against the policy. In particular, the Court of Appeal unanimously confirmed that removing asylum seekers to a safe country is entirely consistent with the refugee convention, including Article 31. Indeed, the court found that it is lawful in principle for the Government to relocate people who come to the United Kingdom illegally to a safe third country; that the Government can designate countries as safe; and that our processes for determining eligibility for relocation were fair. Members of this House contended that these issues were not the case in Committee and on Report, and we are glad that that feature has been confirmed by the Court of Appeal. That aspect of the judgment reaffirms the core principles underpinning the Bill and, on that basis, there is absolutely no reason why we should not continue with the scrutiny of the Bill and see it on to the statute book as quickly as possible.
On the finding of the court, by a majority decision—the Lord Chief Justice dissenting—on whether Rwanda is a safe third country, we have indicated that we will seek leave to appeal to the Supreme Court. The intention is for this application to be determined promptly. If leave to appeal is granted, it is then properly a matter for the Supreme Court to determine when the case will be heard. The Government are disappointed by the judgment, and it is also disappointing for the majority of the British public who have repeatedly voted for controlled migration, and for all those who want to see us deliver on our moral and democratic imperative to stop the boats.
Turning to the amendments, what does the judgment mean for the commencement of the Bill? I will make two points. First, on the core scheme provided for in the Bill—the duty to make arrangements for removal in Clause 2 and the other provisions directly tied to it—our position has always been that we will seek to implement these provisions as soon as practicable. The decision of the Supreme Court and the operation of our ground-breaking partnership with the Rwandan Government are important factors relating to that question of practicality. Clause 67 already provides for Clause 2 and the other elements of the core scheme to be commenced by regulations, so we are not bound to any particular date, and it remains the Government’s position that we will commence these provisions as soon as practical.
Secondly, there are a number of free-standing provisions in the Bill not directly tied to the duty in Clause 2. These include provisions in Clauses 11, 15 to 20, 29 to 36 and 57 to 61. There is no good reason why the commencement of these provisions should be tied to the outcome in the Supreme Court. Indeed, in relation to Clauses 29 to 36, which provide for the bans on re-entry, settlement and citizenship, the Bill provides for these clauses to come into force on Royal Assent.
In answer to the noble Lord, Lord Coaker, I do not propose to comment on the recent article written by the former Prime Minister in the Mail; the views expressed in it are a matter for him. Having had this further opportunity to debate this important judgment, I hope that the noble Lord will be content to withdraw his amendment.
Lord Coaker (Lab)
I thank the Minister for his response. You can understand the concern that was raised by having a former Prime Minister ask the Government to consider bypassing the court judgment by using secondary regulations to give them the power to do that under the Asylum and Immigration Act. All I was asking for is a comment on that. I take heart from what the Minister said because it seemed that, despite what he said about the former Prime Minister, the important part of it was that the Government would of course abide by the consequences of the Court of Appeal judgment, subject to the further appeal, if granted, to the Supreme Court.
Lord Murray of Blidworth (Con)
As I have already said, I am afraid that I cannot comment further—tempted though I am—on what the former Prime Minister said. The noble Lord has the sense of the Government’s response.
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 19.
Illegal Migration Bill
Lord Murray of Blidworth ExcerptsMonday 3rd July 2023
(10 months, 3 weeks ago)
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Lord Coaker (Lab)
My Lords, I thank my noble friend Lady Lister and the others who have signed these amendments, which we fully support. At its heart, there may be debate and disagreement with respect to this Bill. It is certainly contentious and sometimes we have large disagreements. Despite that, however, whatever the disagreements, we should do the right thing. That is why we support the amendments from my noble friend Lady Lister—because they seek to do the right thing by pregnant women.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, as we have heard, with these amendments we return to the issue of detention time limits in relation to pregnant women. As I explained last Wednesday, holding people in detention is necessary to ensure that they are successfully removed from the United Kingdom under the scheme provided for in the Bill, which is designed to operate quickly and fairly.
However, our aim is to ensure that no one is held in detention for longer than is absolutely necessary to effect their removal. The duty on the Home Secretary to make arrangements for the removal of all illegal entrants back to their home country or to a safe third country will send a clear message that vulnerable individuals, including pregnant women, cannot be exploited by the people-smuggling gangs facilitating their passage across the channel in small boats on the false promise of starting a new life in the UK.
Under the Bill, detention is not automatic. The Bill confers powers to detain, and the appropriateness of detention will be considered on a case-by-case basis. As regards pregnant women, we expect that anyone who is in the later stages of pregnancy and who cannot be removed in the short term will not be detained but would instead be released on immigration bail.
For women who are detained in the earlier stages of pregnancy, we already operate our adults at risk policy, where pregnant women are recognised as a particular vulnerable group. In all cases in which a pregnant woman is detained for removal, the fact of her pregnancy will automatically be regarded as amounting to level 3 evidence under the adults at risk policy, and thus the pregnancy will be afforded significant weight when assessing the risk of harm in continued detention. This means a woman known to be pregnant should be detained only where the immigration control factors that apply in her case outweigh the evidence of her vulnerability—in this case, the evidence of her pregnancy. Such control factors at level 3 are where removal has been set for a date in the immediate future or where there are public protection concerns.
The detention of a pregnant woman must be reviewed promptly if there is any change in circumstances, especially if related to her pregnancy or to her welfare more generally. Examples of specific welfare considerations that may need to be taken into account include the stage of pregnancy, whether there have been complications in the pregnancy, any known appointments for scans, care or treatment, and whether particular arrangements may be needed to facilitate safe removal. While in detention, pregnant women will receive appropriate healthcare.
I assure the House that, as now, the enforced removal of a pregnant woman must be pursued only where it can be achieved safely and there is no suggestion that her baby is due before the planned removal date. Additionally, pregnant women will not be removed from the UK if they are not fit to travel based on medical assessments.
Given the safeguards we have already built into the arrangements for the detention of pregnant women, the Government remain of the view that these amendments, however well-meaning, are not necessary. I am very grateful to those who have spoken in this debate for outlining their—I am sure—well-held concerns and for their thoughtful contributions. However, in light of what I have just said, I ask the noble Baroness, Lady Lister, to withdraw her Amendment 64. If, however, she is minded to test the opinion of the House, I invite noble Lords to reject the amendment.
Baroness Lister of Burtersett (Lab)
My Lords, I am very grateful to everyone who spoke, and to the Minister as well. Unfortunately, I do not think that he really heard, or listened to, the arguments put. He says he does not think that the amendment is necessary. I am sorry, but countless health organisations, Members of this House and many others think that it is. It is not enough simply to give us assurances here. I have no choice but to test the opinion of the House.
Lord Ponsonby of Shulbrede (Lab)
My Lords, we will support the noble Lord, Lord Carlile, when he presses Amendment 66, and we would expect the subsequent amendments he mentioned to be consequential to that. He clearly and helpfully set out the four Hardial Singh principles and gave their legal basis and history, and I thank him for doing so. As he pointed out, the Government themselves recently cited those principles in a High Court case. I also thank the noble Viscount, Lord Hailsham, who succinctly summed up the Opposition’s view on the Bill. He said that there is little prospect of unilateral action succeeding, and we agree. He deplored the Secretary of State’s using the power of detention to reinforce the message of deterrence, rather than speaking of the need to implement the Bill, and we agree with that as well. He said that the power should not go to the Secretary of State rather than the courts, and he cited the Explanatory Memorandum. We agree with that too, so I thank the noble Viscount for summarising our view of the Bill.
The noble Lord, Lord Green, said that what the Government have done so far has not had much had effect. The Government are asking us again to support them to do more, yet they have been unsuccessful in the various Bills they have introduced in recent years to try to address this problem. It is a real problem, and there needs to be a different approach to reduce the numbers. Of course, I agree with the noble Lord, Lord German, as well. For all those reasons, we will be happy to support the noble Lord, Lord Carlile.
Lord Murray of Blidworth (Con)
My Lords, as we have just heard, Clause 11 clarifies the time period for which the Secretary of State may detain individuals by placing two of the common law Hardial Singh principles on to a statutory footing. As we have also heard, the principles provide that a person may be detained only for a period that is reasonable in all the circumstances, and if it becomes apparent before the expiry of the reasonable period that the Home Secretary will not be able to examine, effect removal or grant leave within a reasonable period, the Home Secretary should not seek to continue the detention.
As my noble friend Lord Hailsham noted, the Explanatory Notes published with the Bill make it clear that it is the Bill’s intention expressly to overturn the common law principle established in R on the application of A v the Secretary of State for the Home Department, 2007, and that henceforth it will be for the Secretary of the State rather than the courts to determine what constitutes a reasonable time period to detain an individual for the specific statutory purpose. In this regard, these amendments seek to preserve the status quo and leave it to the courts to determine the reasonableness of the period of detention. I put it to your Lordships that it is properly a matter for the Home Secretary rather than the courts to decide such matters, as the Home Office will be in full possession of all the relevant facts and best placed to decide whether continued detention is reasonable in the circumstances.
Viscount Hailsham (Con)
If my noble friend is right, he is effectively saying that people who are detained will be released if there is no prospect of deportation. If that is right, the policy of deterrence is entirely without merit.
Lord Murray of Blidworth (Con)
My noble friend is right, in that it is one of the Hardial Singh principles that, if there is no reasonable prospect of removal, that person should not be detained. But I cannot agree with him that the policy of deterrence is not right, because it is clearly the Government’s intention to remove any illegal entrants to a safe third country. In answer to the noble Lord, Lord Carlile, I add that the Court of Appeal unanimously agreed with that being lawful as a matter of principle.
We recognise that circumstances can change. Where that is the case, detention must be reviewed. If it is considered that the anticipated period of detention is not reasonably necessary, the individual will be bailed. This reflects the existing legal and policy position on the use of detention.
It remains the Government’s view that the provisions in Clause 11 provide an appropriate balance between the respective roles of the Home Secretary and the courts. Accordingly, I ask the noble Lord to withdraw his amendment.
Lord Carlile of Berriew (CB)
My Lords, I express my gratitude to the noble Viscount and others who have spoken on the Bill, including the noble Lord, Lord German. I now come to this place for my daily dose of disappointment. It seems to me that the Minister is deliberately missing the point. He cannot be failing to see it, and I very much regret having to say that.
Who do noble Lords trust to make these decisions: a Minister or the courts? I will tell them something about the latter, in case they have never seen any of these cases in court. Judges sit day after day in the Administrative Court, hearing case after case involving asylum and refugees, and they make decision after decision about whether a period of detention is too long, too robust or unreasonable in some other way. They have built up a corpus of law which has become reliable and admired not just in this place but throughout our jurisdiction and the common law world.
Make your choice. I am going to test the opinion of the House.
Member's explanatory statement
This amendment, the first amendment in the name of Lord Murray of Blidworth at page 71, line 22 and the amendment in the name of Lord Murray of Blidworth at page 71, line 25 have the effect that the reference to a person in the care of a local authority in the definition of “appropriate adult” in paragraph 2(1) of Schedule 2 is replaced with a reference to a person in the care of a relevant authority as defined by that paragraph.
““voluntary organisation” —(a) in relation to England and Wales, has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);(b) in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995 (see section 93(1) of that Act);(c) in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 74(1) of that Order).”Member's explanatory statement
This amendment defines “voluntary organisation” for the purposes of the reference to a person in the care of a voluntary organisation in the definition of “appropriate adult” in paragraph 2(1) of Schedule 2.
Lord Coaker (Lab)
I do not agree with the noble Baroness, Lady Lawlor. The amendments before us do not seek to punish children who are in a situation that many of them have no choice in. We have a duty to them as a humanitarian country with proud traditions. We have a duty to protect children, and that is what we seek to do. We need to remember that we are talking about children here. Whatever we do, I do not want to punish children for however they may have arrived here.
We fully support the amendments of the noble Lords who have spoken in this debate, particularly Amendments 87 and 89. Amendment 89, of course, is in the name of the right reverend Prelate the Bishop of Durham and it is one to which I have added my name, along with the noble Baroness, Lady Helic, and the noble Lord, Lord German.
I do not want to speak for long, but the point that was made is significant, especially when one looks at Clause 16. The Secretary of State can decide on the transfer date that an unaccompanied child be moved away from the local authority. The point made by the noble and learned Baroness, Lady Butler-Sloss, goes right to the heart of the issue: the local authority acts as the parent. If you move a child away from that situation, you are effectively making them an orphan. There is nobody responsible for them by law. Is that really what we want? Is that really what we are trying to achieve? We all agree that there is a problem, but we should not make children pay the price of trying to resolve it. That is not the right way of going about it.
As the right reverend Prelate the Bishop of Durham pointed out, the Secretary of State can direct the local authority to cease providing accommodation. There is no discussion between the Secretary of State and the local authority to view what is in the best interests of the child. The Secretary of State can compel the local authority—as the parent—to cease providing accommodation for a child, which will then take them into Home Office-provided accommodation. Within that Home Office accommodation, as the right reverend Prelate pointed out, we still have 186 children lost. They are missing. We have no idea where they are. I say it time and again but if the Home Office was a human being and a parent, that human being—the parent known as the Home Office—would be prosecuted. We would not tolerate losing children. We would not say that we are doing all we can. We would ask what on earth is happening that children are being lost. The local authority provides the best solution to looking after unaccompanied children in these circumstances.
The Home Office can demand that of the local authority with no justification. It can demand it with no idea of where these children are going to go and with no idea of the standards to be provided for them. They are simply to be housed in Home Office accommodation or wherever. That is not acceptable to the people of this country, irrespective of the fact that they understand there is a problem with the boats, and irrespective of the fact they understand that something needs to be done. They do not want is to see migrant children, or any child, having to pay the price for that. The Government need to sort it out in another way and ensure that all children in this country are properly protected.
Lord Murray of Blidworth (Con)
My Lords, Amendment 87 put forward by the noble Lord, Lord Scriven, seeks to ensure that all children covered by the duty in Clause 2 have the protections afforded to children under the Children Act 1989. No one can disagree with the sentiment behind his amendment. However, in a sense, it misses its intended target, as the 1989 Act does not impose obligations, duties or responsibilities on the Secretary of State but rather on local authorities. There is nothing in this Bill that alters those duties or responsibilities, particularly as regards an unaccompanied child—a point well made by my noble friend Lady Berridge.
That said, Section 55 of the Borders, Citizenship and Immigration Act 2009 already requires that the Home Secretary carry out her functions in a way that takes into account the need to safeguard and promote the welfare of children in the United Kingdom, and I can assure noble Lords that this will continue to be the case.
Subsection (3) of the proposed new clause brings me to the provisions in Clauses 15 and 16 which were referred to by the noble Baroness, Lady Meacher. She seeks to remove those clauses; the right reverend Prelate the Bishop of Durham seeks to amend them with Amendments 88A, 89 and 89A.
Clause 15 makes provision for the accommodation of unaccompanied migrant children in scope of this Bill. This clause confers on the Secretary of State a power to provide, or to arrange for the provision of, accommodation and other support to unaccompanied migrant children in England. While the clause contains no time limit on how long any child spends in Home Office accommodation, as I have said previously on a number of occasions, our clear intention is that their stay be a temporary one until they transfer to a local authority for a permanent placement. This is not detained accommodation, and the support that will be provided will be appropriate to the needs of these young people during their short stay.
Baroness Butler-Sloss (CB)
The problem is Clause 16, because the Home Office can remove the child from the otherwise permanent care of the local authority. How on earth is what the Minister is saying compatible with Clause 16?
Lord Murray of Blidworth (Con)
It is obviously necessary that the Bill contain a power to allow for such a transfer, in order to ensure the appropriate removal of a child on attaining their majority, for example, or for any other purpose that might be necessary to ensure implementation of the scheme. The Government expect local authorities to meet their statutory obligations to unaccompanied children from the date of their arrival in the United Kingdom, and that the Home Office step in only sparingly and temporarily. Indeed, an unaccompanied child in scope of the scheme may enter local authority care without first being accommodated by the Home Office under this power. However, it is important that there be legal certainty about the ability of the Home Office to step in to ensure that an unaccompanied child arriving on the south coast can immediately be accommodated and supported.
As we have just discussed, Clause 16 then makes provision for the transfer of an unaccompanied migrant child from Home Office accommodation to a local authority in England. The clause provides a mechanism for the Secretary of State to decide that a child is to cease residing in Home Office accommodation and to then direct a local authority in England to provide accommodation to the child, under Section 20 of the Children Act, after five working days of the direction being made. As was the subject of the intervention a moment ago, the Secretary of State may also direct a local authority in England to cease accommodating an unaccompanied child and to transfer the child into accommodation provided by the Home Office after five working days of the direction being made. This power is the subject of the right reverend Prelate’s amendment.
I suggest, with respect to the right reverend Prelate, that this amendment is unnecessary given that protections are already in statute in Section 55 of the 2009 Act, which I have already referred to. The Secretary of State is required to have regard to the interests of children as a primary factor in immigration decisions affecting them. Let me be clear: best interests are not the only factor that must be considered; other relevant factors, such as close consideration of individual circumstances, must be taken into account. In making decisions and devising policy guidance under this Bill, the Home Office will continue to apply the Section 55 duty.
We are working through the operational processes relating to unaccompanied children and the circumstances in which we will use this power. This includes engaging with stakeholders to understand the concerns they might have about the power to transfer unaccompanied children into Home Office accommodation. We are working very closely with the Department for Education, as we want to deliver the objectives of the Bill while being mindful of the needs of children and young people. I hope this provides some reassurance to noble Lords.
Baroness Berridge (Con)
My Lords, I refer my noble friend back to his point about legal certainty and the very narrow question I asked: is it correct that while the Home Office is accommodating these children before they go into local authority accommodation, they actually have no parent?
Lord Murray of Blidworth (Con)
It is clearly right that in the situation that arose with the rush of people crossing the channel—which gave rise to this legislation—consideration had to be given to the legislative arrangements. The situation in law is clear and is as my noble friend set out. The Home Office is able, in extreme circumstances, to exercise this power on behalf of local authorities. As I say, the purpose and intention of these provisions is to look after children only for as short a time as possible before transferring them to the care of local authorities. I want to stress that the Home Office is having to accommodate unaccompanied children out of necessity.
Baroness Meacher (CB)
My Lords, can the Minister give the House an assurance that he will put in the Bill that these children would not be in the so-called care of the Home Office for more than, let us say, 48 hours —some very limited period of time? If that is the Government’s intention, can the Minister assure the House that this will be in the Bill and that it really will be for a very short time?
Lord Murray of Blidworth (Con)
No; I am afraid I cannot provide that assurance, and the reason for that is obvious. We are dealing with a situation in which we have thousands of people crossing the channel, and we cannot tie the hands of the Home Office in dealing with this great problem that we all face. I say again that we are having to accommodate unaccompanied children out of necessity. My noble friend Lady Lawlor highlighted in her brave speech the Hobson’s choice that we face here. These children will not all immediately enter the care system on arrival in a small boat, simply because the Home Office does not have the powers set out in Clauses 15 and 16. It is right that we take steps to ensure that there is clarity, and I suggest to noble Lords that it is in the best interests of these children that we put in place these measures, which recognise the reality of the current situation.
On the basis of my explanation and the assurances I have given, I hope that the noble Lord, Lord Scriven, will be content to withdraw his amendment, and if the right reverend Prelate the Bishop of Durham is minded to test the opinion of the House on Amendment 89, I invite noble Lords to reject that amendment.
Lord Scriven (LD)
My Lords, I am sure that, like everyone who has listened to this debate, I am now more confused than when it started. Clarity has not been brought. I thank all noble Lords for taking part in the debate, including the noble Baroness, Lady Lawlor, who I completely disagree with; she really does not understand the concept of what safeguarding and the rights of the child are once the child is in the UK. That is the issue, and there is no evidence in any impact assessment or anything that the Government have done that says that protecting and safeguarding children under the Children Act 1989 is a pull factor. But I welcome the noble Baroness’s intervention and understand that she starts from a position that is, I am sure, very different from that of nearly everybody else in your Lordships’ House.
Baroness Lister of Burtersett (Lab)
My Lords, I am grateful to the noble Lord, Lord Moylan, for bringing back these amendments, but I am disappointed that he had to do so given the strong case that he made for them in Committee. They are important from the perspective of both citizenship and the rights of children. I once again declare my interest as a patron of the Project for the Registration of Children as British Citizens.
From reading the exchanges in Committee, it seemed to me that the Minister was not really listening to the arguments put but simply responded by trying to justify what, in our view, is unjustifiable. Once again, children are the main victims, as highlighted by the noble Baroness, Lady Brinton, whose amendments I also support. As the noble Lord, Lord Moylan, said, it was welcome that the Minister, when challenged on this point, did not impute any culpability to children. However, the fact remains that children are being punished for the actions of a parent, which is contrary to the refugee and other conventions, as has been pointed out by the UNHCR, JCHR and the Northern Ireland Human Rights Commission, among others. This is yet another instance of where we need to see the child rights impact assessment yet, despite the Government Chief Whip promising it for today “if possible”, there is still no sign of it.
It is not an indicator of strength to refuse to countenance any amendments in pursuit of the mythical god of deterrence, regardless of the force of the argument. The main losers are, again, children, whose best interests are being ignored and trampled on. I hope the Minister will think again today.
Lord Murray of Blidworth (Con)
My Lords, as we have heard, these amendments relate to the bans on re-entry, settlement and citizenship which are a key part of the deterrent effect of the Bill and send an important message that, if you enter the country illegally, you will not be able to build a life here.
Amendments 114 and 116, in the name of the noble Baroness, Lady Ludford, and spoken to so eloquently by the noble Baroness, Lady Brinton, seek to remove from the scope of the bans those who meet the duty in Clause 2 but who are under the age of 18.
As the Bill is currently constructed, anyone, including children, who meets the criteria of the duty also becomes subject to permanent bans on obtaining leave to remain, settlement, citizenship and re-entry. The application of the bans is irrespective of whether the child was complicit in the act of entering illegally. I hope that addresses the points noble Lords have raised in that regard.
The inclusion of children is to ensure that there is no perverse incentive for parents or others to put children in harm’s way by forcing them on to small boats or other dangerous methods in an attempt to gain entry to the UK. We want to send a clear message that children cannot be exploited and forced into making dangerous attempts to gain entry into the UK for the purpose of starting a new life here. Instead, the only way to come to the UK for protection will be through safe and legal routes. This will take the power out of the hands of criminal gangs and protect vulnerable people, including children.
Lord Coaker (Lab)
I thank the noble Lord for allowing me to intervene. Could he update the House, in light of what my noble friend Lady Lister said, on where we are with the child rights impact assessment?
Lord Murray of Blidworth (Con)
I was saving that until the end of my remarks, which I will do, if I may.
Under our proposals, anyone who has entered illegally will be removed, so it is unlikely that they will qualify for settlement or citizenship on the basis of long and lawful residence. I therefore take my noble friend Lord Moylan’s point, in that regard. However, the powers in the Bill provide the Secretary of State with the discretion to waive the bans in specific circumstances, as we discussed in Committee. In practice, these powers mean that the Secretary of State retains the discretion to waive the bans on obtaining settlement as well as to consider an application for citizenship where they consider that failure to do so would result in a breach of the United Kingdom’s obligations under the ECHR.
The Bill also provides additional discretionary powers to waive the bans on limited leave to remain and re-entry. The Secretary of State may waive the ban on re-entry if they consider that other exceptional circumstances make it appropriate to allow someone to return; these would include to ensure compliance with international agreements to which the UK is a party. Similarly, in the limited leave to remain area, there is a power allowing the Secretary of State to waive the ban where it is appropriate to ensure compliance with the ECHR or other international agreements to which the UK is a party, as well as where an individual who is seeking to remain in the UK has been allowed to return on the basis of other exceptional circumstances.
I am grateful to my noble friend Lord Moylan for again raising these interesting issues in the amendments he has tabled. They seek to change provisions in Clauses 30 to 36 so that the citizenship ban applies only to naturalisation and not registration routes. I am grateful to my noble friend for meeting me to talk about this. We had a useful discussion, although we did not quite reach agreement on these topics.
Our view is that registration is not just about recognising a person’s claim to British citizenship that they do not have the documents to demonstrate. Instead, a number of the registration routes within the British Nationality Act have requirements based on residence and many have good character requirements. It is not a case, as my noble friend has suggested, of merely acknowledging a status that a person already holds, but an opportunity for a person to demonstrate their suitability to become British.
Baroness Lister of Burtersett (Lab)
My Lords, the Government Chief Whip promised that it would be published well before Report concludes. Does the Minister really think that tomorrow is well before Report concludes on Wednesday?
Lord Coaker (Lab)
That is clearly not the case. I accept that the Government Chief Whip did not exactly say that it would be put before your Lordships’ House today, but the expectation was that it would be. We have reached 7 pm; we are debating children’s issues and have done so all the way through Report, and we have not got the children’s impact assessment. It is utterly unacceptable for the Government to run a contentious Bill in this way. All the impact assessments were late, by and large. This is particularly late; it is no way to carry on. I can understand my noble friend Lady Lister’s upset and anger at this, and my noble friend Lord Kennedy raised it last week. The Minister knows, frankly, the anger and disappointment there is about this. I do not know what else to say, other than: what does “tomorrow” mean? Is it first thing tomorrow morning, or will it turn up at 8 or 9 pm, just before Report finishes? Perhaps the Minister can clarify what tomorrow means, and register the deep anger and upset in this House.
Baroness Butler-Sloss (CB)
Before the Minister answers, I will add to what the noble Lord, Lord Coaker, said. Throughout our consideration of the Bill, I have been particularly concerned about children. As far as I can remember, there are no more amendments of any significance in relation to children in the final part of Report. All I have said has been without sight of the impact statement. For me and many other noble Lords who are concerned about children, it is quite simply too late.
Lord Murray of Blidworth (Con)
I have looked into the history of child rights impact assessments, and they are a rare document. Tomorrow, when the assessment is provided, noble Lords will see an explanation of the background to these documents. There is an element of opportunism about the timing; clearly, these are difficult documents that need to be prepared with care. I say that it will be published tomorrow, so it will be published tomorrow, and at this point I cannot give any more detail as to the precise timing.
Baroness Brinton (LD)
My Lords, I will be very brief because many of the points have been made by others during the debate. Yet again the Minister has not answered the speakers’ questions. Yet again we are having a discussion, to discover that the impact assessment on child rights will be with us tomorrow after we have debated some key amendments. He did not respond to the issue I raised about why, if a child is in care when they arrive in this country, they are deemed to be able to make decisions. This is going to end up in the courts if the Government will not listen. Every single part of the response to this group has been an embarrassment and a real shame for children’s rights. I will not press this to a vote but the noble Baroness, Lady Ludford, may wish either to bring something back at Third Reading or to communicate directly with the Minister.
Member's explanatory statement
This amendment changes the name of a “factual suspensive claim” to a “removal conditions suspensive claim”.
Lord Coaker (Lab)
My Lords, we support the comments made by the noble and learned Lord, Lord Hope, and, in particular, the noble and learned Lord, Lord Etherton. Were the noble and learned Lord, Lord Etherton, minded to test the opinion of the House, he would certainly find us supporting him on Amendment 130.
Lord Murray of Blidworth (Con)
My Lords, it was remiss of me not to say a little about Amendment 126 and the other government amendments in this group, so I will do so now. These amendments, as I am sure Members of the House have realised, replace a “factual suspensive claim” with a “removal conditions suspensive claim”. Clearly, I and the department listened carefully to the contributions from noble Lords in Committee on these topics about these suspensive claims, in particular those helpful contributions from the Cross Benches. The changes in the category of suspensive claim are a direct reflection of what was said during those debates.
Currently, a factual suspensive claim can be raised where a mistake of fact has been made in deciding that a person meets the four removal conditions in Clause 2. This definition would prevent a claim being raised where a person had been incorrectly identified as meeting the four removal conditions due to a mistake of law. A removal conditions suspensive claim will instead provide for a claim to be raised where a person who has been given a removal notice informing them that they are subject to the duty to remove does not consider that they meet the removal conditions in Clause 2. The Secretary of State’s or Upper Tribunal’s consideration of a removal conditions suspensive claim will be on whether or not the removal conditions were met. I trust these amendments will be welcome, in particular to the noble Lord, Lord Anderson of Ipswich, who queried the scope of these claims in Committee.
I am grateful to the noble and learned Lords, Lord Etherton and Lord Hope, for setting out the case for the other amendments in this group. A serious harm suspensive claim is a claim that a person would, before the end of the relevant period, face a real, imminent and foreseeable risk of serious and irreversible harm if they were removed from the United Kingdom to a country other than their country of origin. The serious and irreversible harm test is designed to be a high threshold and reflects the test applied by the European Court of Human Rights when considering whether to indicate an interim measure under Rule 39 of the rules of court. “Serious” indicates that the harm must meet a minimum level of severity, and “irreversible” means the harm would have a permanent or very long-lasting effect. These amendments seek to change how Clause 38 of the Bill defines the risk of harm, lowering the threshold for a serious harm claim to succeed.
Amendment 130 would remove the requirement for the harm to occur in the period it will take for any human rights claim or judicial review to be determined from the safe third country. I suggest it is reasonable to expect the harm to occur over a defined period. The very purpose of the suspensive claim process is to prevent those persons subject to the duty to remove suffering serious and irreversible harm during the same period that their human rights claims are considered. Without this requirement, it would be difficult for decision-makers properly to assess the likelihood of any risk materialising. It would also risk abusive suspensive claims being made on the basis of a risk of harm that does not currently exist or that may not materialise until months or even years after a person has been removed from the United Kingdom.
Amendment 130 would also remove the requirement for the risk of harm to be irreversible. This would significantly lower the threshold for a serious harm suspensive claim to succeed and undermine the purpose of the Bill to deter illegal entry to the United Kingdom. Again, I would point out that the test applied by the Strasbourg court when considering applications for Rule 39 interim measures is one of serious and irreversible harm. So, the serious harm condition and requirement for the risk of harm to be both serious and irreversible reflects that test.
Lastly, Amendment 130 would also remove specific examples of harm that do not or are unlikely to constitute serious and irreversible harm. Setting out a clear approach regarding the interpretation of serious harm on the face of the Bill will, I suggest to noble Lords, ensure that decision-makers and the courts take a consistent approach in their consideration of what amounts to a risk of serious and irreversible harm. The examples in Clause 38(5) reflect existing case law and go no further than how we currently approach the consideration of these issues when raised in protection claims.
Amendment 131 would prevent amendments to the examples of harm that constitute serious and irreversible harm set out in Clause 38(4), as the noble and learned Lord, Lord Hope, so eloquently set out. I assure the House that the Government do not intend to diminish or remove the examples of harm listed in Clause 38(4).
Amendment 132 would remove the regulation-making power in Clause 39 to amend the meaning of “serious and irreversible harm”. This would result in the Secretary of State being unable to make amendments which reflect developments in case law. It is worth again pointing out that the Delegated Powers Committee raised no issue with this power in its report on the Bill.
Amendment 133 would alter the requirement for a serious harm suspensive claim to include “compelling” evidence of the risk of harm that a person would face if removed to a third country and replace it with a requirement to provide evidence that is “reliable, substantial and material”. I am very grateful to the noble and learned Lord for his remarks on the clarity of those three words, which, of course, will be available in Hansard should any questions arise as to what might amount to “compelling”.
However, although evidence that is compelling may also be defined as evidence that is reliable, substantial and material, a requirement for evidence to be compelling is more appropriate and succinct, given that it is the overall impact of the evidence provided, not any particular element or feature of it, that is relevant. The term “compelling” is sufficiently clear and well understood by decision-makers, and should remain unaltered. It is a term that has use in this area of the law. For example, evidence provided by people raising suspensive claims may differ dramatically in terms of volume and substance, but it is the overall impact of such evidence that is crucial when determining whether any claim has merit. For those reasons, the term “compelling” is more appropriate, providing decision-makers and the courts with the right degree of flexibility when making decisions on suspensive claims and appeals.
Finally, the amendments in the name of the noble Baroness, Lady Meacher, seek to extend the claim and decision periods provided for in Clauses 41 and 45. We consider the periods specified in the Bill to be fair and equitable, affording sufficient time to submit and determine claims, commensurate with the Bill’s objective to remove people swiftly from the United Kingdom. However, I remind the noble Baroness that, where the Secretary of State considers it appropriate to do so, it will be possible to extend both the claim period and the decision period.
For the reasons I have outlined, I respectfully ask that the noble Lords do not press their amendments.
Lord Etherton (CB)
I am very grateful to the Minister for his reply. I am afraid he has not answered my request for an assurance at all, so I wish to test the opinion of the House.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 1.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 3.
“(b) in the case of a removal conditions suspensive claim, the person does not meet the removal conditions,”Member's explanatory statement
This amendment is consequential on the amendments in the name of Lord Murray of Blidworth at page 41, line 1 and page 41, line 3.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 1.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 1.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 3.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 41, line 1.
Migration and Economic Development Partnership
Lord Murray of Blidworth Excerpts(10 months, 3 weeks ago)
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The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, I shall now repeat a Statement made in another place. The Statement is as follows:
“With permission, Mr Speaker, I would like to make a Statement about the UK’s migration and economic development partnership with Rwanda.
This Government fundamentally believe that it is only by removing the incentive for people to take dangerous and unnecessary journeys that we will stop the boats and end the vicious cycle of people smuggling on to UK shores. That is why my right honourable friend the Member for Witham signed our ground-breaking migration and economic development partnership with Rwanda in April last year. That agreement allows individuals who arrive in the UK through dangerous, unnecessary and illegal routes to be relocated to Rwanda for the consideration of their asylum claims and to build a new life there.
I visited Kigali in March, meeting with Rwanda’s President and Foreign Minister and signing an update to our memorandum of understanding that would bring it in line with our Illegal Migration Bill. Rwanda has reiterated its commitment and capacity to receive thousands of individuals, process their claims and provide them with excellent care before they are transitioned to longer-term accommodation, with all the necessary support and services.
That is why, under the terms of that agreement, we attempted our first relocation flight to Rwanda—to demonstrate that if you come here illegally, you will be removed to a safe third country for your claim to be processed. We did so under a far-reaching and innovative agreement with Rwanda, a country where the UNHCR itself operates an emergency transit scheme for migrants from Libya and with which we have a robust agreement to protect asylum seekers from risk of harm. That first relocation flight was unfortunately frustrated by last-minute measures from the European Court of Human Rights in Strasbourg, which had the effect of pausing flights while our domestic legal proceedings are ongoing.
In December, the High Court comprehensively upheld the lawfulness of the partnership, confirming that Rwanda was a safe country. That judgment was appealed to the Court of Appeal, which heard the appeal in April and handed down its judgment earlier today. I respect the court and welcome the fact that it unanimously found in the Government’s favour on the vast majority of the appeals brought against the policy.
Unanimously, the Court of Appeal confirmed that removing asylum seekers to a safe country is entirely consistent with the refugee convention, including Article 31. Indeed, the court found that it is lawful in principle for the Government to relocate people who come to the UK illegally to a safe third country; that the Government can designate countries as safe; and that our processes for determining eligibility for relocation were fair.
Unfortunately, two of the judges were of the view that there were deficiencies in the Rwandan asylum system that risked there being a breach of Article 3 of the ECHR. Importantly, their concerns were not that conditions for individuals while in Rwanda would be unsafe but that there was a possibility that they could be returned to other countries from Rwanda where they may suffer ill-treatment. It is therefore simply incorrect to say that the court has found that conditions in Rwanda make it unsafe for individuals there. The Court of Appeal has merely ruled that there is a risk of refoulement from Rwanda to other countries.
The Lord Chief Justice took a different view. Agreeing with the High Court, he held that there was no real risk of individuals being sent to unsafe countries. He cited the strong assurances given by the Rwandan Government, the fact that Rwanda does not have returns agreements with those countries and the powerful protections provided by monitoring arrangements that would be in place.
The result is that the High Court’s decision that Rwanda was a safe third country for the purposes of asylum relocation is reversed. We have a strong relationship with Rwanda and both sides remain committed to the policy. Rwanda is a signatory to the United Nations conventions and has a strong track record of supporting refugees—including for the UNHCR.
This is a disappointing judgment, and we will seek permission to appeal it. We hope that the process can be swift. I am glad that the Court of Appeal has recognised, in paragraph 16 of its summary of the judgment, that it is important that consideration of this should be timely. It is a disappointing judgment for the majority of the British public that has repeatedly voted for controlled migration; and for all those who want to see us deliver on our moral and democratic imperative to stop the boats.
I am sure that all Members of this House would agree that the British public are compassionate, reasonable and fair minded. Since 2015, they have welcomed half a million people in need from all over the world via our global safe and legal routes, as well as via our country-specific routes encompassing Ukraine, Hong Kong, Afghanistan and Syria.
But they are not naive. While our compassion to help people may be infinite, the public understand that our capacity to do so is finite and therefore precious. The British people will no longer indulge the polite fiction that we have a duty or infinite capacity to support everyone in the world who is fleeing persecution, nor anyone who would simply like to come here to improve their lot and succeeds in making it to our shores.
That abuse is unfair on local communities forced to absorb thousands of illegal arrivals and the pressure on public services and social cohesion that this entails. It is unfair on taxpayers who foot the hotel bill currently running to £6 million a day—that could rise to £32 million a day by 2026—for people who have broken into this country. It is unfair on those who play by the rules and who want to see an asylum system that is fit for purpose that our current system is exploited and turned against us by those with no right to be in the UK to thwart their removal. It is unfair on those most in need of protection—in particular women, children and those without the money to pay people smugglers—that our asylum system is overwhelmed by fit young men who have paid criminals thousands of pounds to smuggle them into the UK. It is unfair on people and our partners in the developing world that we in the West continue to maintain an asylum system so open to abuse that it incentivises mass flows of economic migration into Europe, lining the pockets of people smugglers and turning our seas into graveyards, all in the name of a phony humanitarianism.
This is madness. It must end. That is why we on this side of the House are committed to doing whatever it takes to stop the boats. The Government remain resolute that we will do exactly that, in partnership with Rwanda, and through changes to our law. That is the only way we will break the business model of the people smugglers, save lives and stop the boats. I commend this Statement to the House.”
Lord Coaker (Lab)
My Lords, I thank the Minister for repeating the Secretary of State’s Statement made earlier today.
We have said throughout the discussions on the Illegal Migration Bill that the Government need to accept reality. The Bill ignores many of our international obligations, abandons many of our long-held traditions and principles, and is unworkable. The costs are enormous and growing, stretching into the billions of pounds, and are based on a theory of deterrence that even its own impact statement, published at last on Monday this week, says may not work.
Of course there is a problem that needs dealing with. We have said that should be done by speeding up decision-making, clearing the asylum backlog, getting proper international agreements, including returns agreements, and tackling the problem at source and cracking down on the criminal gangs. But the Government seem to say that we just have to carry on—an “It will be all right on the night” approach, flying in the face of reality, the evidence and the facts.
The number of people crossing the channel in small boats in June 2023 is already more than crossed in June 2022, despite the fact that measures in the Bill apply to them because of its retrospective start date. Then we have today’s Court of Appeal judgment, which shows that the Government’s Rwanda policy regarding small boats is unravelling before our own eyes. There is chaos regarding small boats, and one of its main policy planks is falling apart.
What are the Government going to do? What are the implications of the Court of Appeal judgment for the Illegal Migration Bill? What are the Government going to do in light of that decision that the Rwanda policy is unlawful? It cannot just be wished away, can it? Will they bring forward amendments? What does it actually mean for those to be detained under the Bill? Is it not now even more unworkable, as detained asylum seekers are supposed to be sent to Rwanda or to other safe countries but, as I say, will be left in limbo. Ministers were forced to admit this week that it will cost up to £169,000 to send each person to Rwanda, on top of the £140 million already spent. Now this judgment has said that Ministers did not even do the basic work to make sure that the scheme was either legal or safe. Why not?
As we have learned, the Government are to appeal, and the Home Secretary has said that we need to deal with the challenge of small boats. I repeat that we all agree with that, but it has to be done lawfully. Does the Minister agree with that statement? If he does, are the Government still prepared to deliver their policy based on the assumption that they will be able to do so? In other words, if they receive permission to appeal to the Supreme Court and the decision of the Court of Appeal is upheld, what then? Is there a plan B, and what changes are the Government proposing to take account of today’s ruling? As one of the judges said:
“Our conclusion on the safety of Rwanda issue means that the Rwanda policy must be declared unlawful”.
How on earth has it come to this? Appeal and carry on regardless—is that the Minister’s policy?
Is it not the stark reality that carrying on regardless will mean a huge backlog of people on top of those we have already, as I said, left in limbo? Thousands upon thousands will be waiting to be deported in detention centres or other government accommodation, such as military camps, barges, ex-liners or even, as we have read this week, big marquees. Time and again Ministers have chased headlines and slogans instead of getting a grip in the way that I outlined earlier.
The Court of Appeal judgment today is just the latest blow. The Rwanda scheme is unworkable, unethical and extortionate. It is a costly diversion from the urgent action the Government should be taking to deal with this issue. As my noble friend Lady Hayter’s International Agreements Committee said, much of this could have been avoided if it had been done by a treaty not a memorandum of understanding.
Finally, does the Minister, as a barrister, agree with me that we must have no talk—as I expect we are bound to hear—that judges are the enemies of the people or that the Government are being thwarted by trendy lawyers or tofu-eaters? We all want the challenge of the boats dealt with, but done so practically and lawfully. That is not too much to ask, is it?
Lord Murray of Blidworth (Con)
I am afraid that however eloquent the address and questions of the noble Lord, Lord Coaker, the reality is that the Labour Party still has no answer to the difficulty of the boats crossing the channel. The five-point plan that the Labour Party propose would not stop people crossing the channel.
The programme set out in the Illegal Migration Bill will continue—I reassure the noble Lord that we are 100% behind the Bill. The decision of the Court of Appeal was not that the procedure in the Bill was unlawful; the very opposite is the case. The Court of Appeal has endorsed the key principle of the scheme: that a signatory of the refugee convention can remove people to a safe third country for the determination of their asylum claims.
The only point on which the Court of Appeal found against the Government was on whether Rwanda would be a safe country. Even that, of itself, was not a finding that Rwanda was unsafe for refugees; it was a finding that there was a potential risk that Rwanda would allow those refugees to be returned to their original country, and even that decision was disagreed with by the Lord Chief Justice himself. I suggest that this is no indication that this scheme is unlawful in itself. I reassure the noble Lord that the Government will very much be continuing with the Bill.
Lord Lilley (Con)
My Lords, does not the fact that the Appeal Court has disagreed with the High Court, and within the Appeal Court the Chief Justice has disagreed with two of his colleagues, illustrate that essentially we have handed over to the judiciary subjective political decisions? I submit that that is bad for the judiciary and a derogation of the obligations of this Parliament. I appreciate that the Minister cannot suggest any change in that legal status from his position at the Dispatch Box, but will he recognise that there will be growing calls, not just from me, for Parliament to take back the right to make these decisions and relieve the judiciary of an unwelcome role which politicises it?
Lord Murray of Blidworth (Con)
I thank my noble friend. As the Lord Chief Justice made clear in his summary of the judgment which he gave earlier today, the decision taken by the court was founded on a perception of a possible breach of Article 3 of the European convention. Under the effect of the Human Rights Act 1998, that meant that the decision was unlawful. It is unquestionably right that that was the basis for the Court of Appeal’s decision today. Be that as it may, the point remains that even that thin basis for the decision was made by only two of the three judges. For that reason, it is entirely appropriate that the Government appeal the decision.
Baroness Chakrabarti (Lab)
My Lords, I have no desire to relitigate the Court of Appeal here today, not least because of the late night that the Minister had again last night, and there are no doubt more to come. I am grateful to him for repeating the Statement, and I am relieved that it is relatively mild and respectful of the court, which I think is appropriate. The words “respect the court” are even used in the Statement. However, we then have the Home Secretary taking to the airwaves and suggesting that our judicial system is somehow rigged against the British people. Is that really helpful to the rule of law in our country? How can any youngster on any council estate learn to respect the local magistrate if senior Cabinet Ministers will not respect the Court of Appeal?
I agree with the noble Lord that you win some and you lose some. Welcome to being a Home Office Minister. The Government have won in the High Court and lost in a majority decision in the Court of Appeal. No doubt, the Government will appeal to the Supreme Court, but no doubt, the appellants will cross-appeal on the matters that the Minister is happy with. In the meantime, shall we leave the referees alone and maintain respect, at least in this House? I suggest this to the noble Lord, Lord Lilley. Shall we still maintain a modicum of respect for the rule of law that is a precursor even to democracy, let alone civilisation itself?
Lord Murray of Blidworth (Con)
I am afraid I disagree with the noble Baroness. The Home Secretary certainly has the greatest respect for the judicial system, as you would expect of a former Attorney-General. All she observed is that the legislation under which the decision was made is a topic of legitimate comment and she is entitled to reach a different view. Just because the Government appeal against a decision does not mean there is an attack on what the noble Baroness calls the rule of law. In this case, as the noble Baroness rightly observes, you win some and you lose some. The Government are confident that at the end of the day the correct decision will be reached.
Baroness Bennett of Manor Castle (GP)
My Lords, the Statement refers to public opinion, and I am sure the Minister is aware that polls show that the public is very strongly of the view that the Government will never send any refugees to Rwanda. More than that, a YouGov poll found that 58% of the public believe that Ministers should arrange safe and orderly routes for refugees to be able to come to the UK. Should the Government not stop pursuing this obviously failed and unworkable policy and follow public opinion by arranging those safe and orderly routes? Is that not the way to stop the boats?
Lord Murray of Blidworth (Con)
This Government already have a very considerable number of safe and legal routes. I need only remind the noble Baroness that we have had more than half a million people arriving on safe and legal routes in the past five years. We are one of the most generous countries in the world. The noble Baroness and those who sit on the Benches opposite never adequately explain why it is said that more safe and legal routes would stop people crossing the channel. The point is, as even the most reverend Primate the Archbishop of Canterbury accepted, that if you impose a cap, the people who want to come here who are not accepted via a safe and legal route will simply take to the boats. It is no answer to say that safe and legal routes will stop the dangerous channel crossings. Our imperative is to save lives.
Lord Hannan of Kingsclere (Con)
My Lords, I am very grateful to the Minister for taking the time. I cannot imagine that anyone in this House likes the Rwanda scheme from first principles. It is cumbersome, it is expensive. I have listened to a lot of the criticism from various Benches, and a lot of it hit home, but what I have not heard is a credible alternative. We are in this situation because there has been this steady policy of overturning every deportation order from the Bench. We have therefore run out of alternatives. Will the Minister tell me what kind of legal changes might be necessary in order to ensure that we get the policy that was promised and whether those changes will include looking again at some of the international associations and agreements into which we have entered?
Lord Murray of Blidworth (Con)
I thank my noble friend. He is absolutely right: we realised that, unfortunately, institutional changes were required. That is why we brought forward the innovative scheme set out in the Illegal Migration Bill. The changes brought forward by that Bill will ensure that a removal system that acts as an effective deterrent to illegal entrants will be fully operational and stop the dangerous channel crossings. My noble friend is entirely right to highlight that, to date, it has been all too easy for removals of those who should not be in our country to be thwarted—not least, I regret to say, by the activities of representations at the last minute relating to foreign national offenders, for example, from Members of the other place sitting on the Opposition Benches.
Baroness Chakrabarti (Lab)
My Lords, I will speak as there is still time. The Minister mentioned foreign national offenders. Was today really the appropriate day to slip out the really rather damning report from the Chief Inspector of Borders and Immigration into the handling—or non-handling—of the removal of foreign national offenders, who can in law be removed from United Kingdom? It seems that that has been slipped out on Rwanda day. It is a pretty damning report. I have not had time to read it properly yet. Can the Minister promise that it was just a total coincidence that the report was slipped out today? Will he and his colleagues make sure that noble Lords have the opportunity to debate that report into the failure on data and casework and this being no way to run a department? We should remember that these people that the Home Office is not getting a grip on are not asylum seekers and refugees but foreign national offenders. Can we have the opportunity in due course to debate that matter?
Lord Murray of Blidworth (Con)
The noble Baroness amply demonstrates the problem identified by my noble friend a moment ago: the difficulty with removing people is the overenthusiasm of our overdefensive decision-making, which frustrates removal in all too many cases. It is not helped by the fact that regular representations have been made to prevent the deportation of foreign national offenders by Members of the opposition parties. The Bill will address the problems that surround the removal of those who should not be in our country. I should add that among that cohort of foreign national offenders are those who have entered the country illegally and those who have claimed asylum. So, the noble Baroness cannot draw a clear distinction between foreign national offenders, asylum seekers and those who enter the country illegally.
Baroness Bennett of Manor Castle (GP)
My Lords, I follow on from the noble Baroness’s question. Like her, I am afraid that I have not had time to read the full report, but some reports around it stress that there are huge problems with the management and reporting of data, the Home Office’s inability to provide reliable and consistent data, and management of information of particular concern. Can the Minister say that there are plans in place in the Home Office to improve the clear problem with its procedures?
Lord Murray of Blidworth (Con)
Obviously, this is a Statement on the Rwanda judgment, but I reassure the noble Baroness that, in general principle, the Home Office is always evolving and studying its processes in relation to removals—needless to say, all the more so because preparations to operationalise the scheme in the Bill will involve consideration of these issues, as the noble Baroness would expect. I reassure her that all recommendations made by the independent inspector are taken very seriously, and the vast majority are in fact adopted by the department.
Illegal Migration Bill
Lord Murray of Blidworth ExcerptsWednesday 28th June 2023
(10 months, 3 weeks ago)
Lords ChamberRead Full debate Illegal Migration Act 2023 View all Illegal Migration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 148-I(b) Amendments for Report (Supplementary to the Marshalled List) - (28 Jun 2023)
Member's explanatory statement
This amendment supplements the reference to the Secretary of State in clause 7(8) with a reference to an immigration officer.
Baroness Hamwee (LD)
My Lords, I agree with the points made by the noble Lord, Lord Coaker. I am grateful to the Bill team for confirming this, but it would be useful to have it said in the Chamber that “immigration officer” is an immigration officer of any rank at all. There does not have to be any seniority attached to the post when an immigration officer is given powers in these provisions and elsewhere in the Bill.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, I am grateful to the noble Lord, Lord Hendy, for moving the amendment in the name of the noble Lord, Lord Davies of Brixton, which seeks to protect transport providers. I understand the concern that this is causing.
To answer the points of the noble Lords, Lord Paddick and Lord Coaker, Clauses 7 and 9 simply reflect the current position, corresponding to the long-standing requirement set out in Schedule 2 to the 1971 Act. As now, risk assessments must be made before directions are given to a carrier, and escorts will be provided where this is assessed to be necessary.
All the practical issues raised by the noble Lord, Lord Hendy, apply equally under existing powers, and there are established protocols for dealing with them. We are not putting any additional burdens on the transport sector; in fact, we are providing for the costs of complying with directions under the Bill, but they will be paid for by the Secretary of State and will not be at the carrier’s expense. The amendment would therefore put the powers surrounding the giving of removal directions at odds with existing provisions and would effectively turn a requirement to remove people into a request, which would then impact on the number of illegal immigrants being removed.
Government Amendments 46 and 47 are prompted by a question posed in Committee by the noble Lord, Lord Ponsonby, who asked how transport workers could deal with a non-compliant person. Again, the answer lies in the Immigration Act 1971. It is already an offence under Section 24(1)(f) of that Act for a person subject to removal to disembark, and these amendments simply apply that offence to removals under the Bill. This then engages Section 3 of the Criminal Law Act 1967, which enables a person to use reasonable force to prevent a crime—a provision that I am sure the noble Lord, Lord Ponsonby, in particular, will be very familiar with.
Finally, returning to the amendments from the noble Lord, Lord Davies, Amendment 85 seeks to amend the definition of “vehicle” to limit the power in Schedule 2 to search vehicles to only those hired by the Secretary of State to remove persons pursuant to Clauses 2 and 3. We would not want to limit the power to search vehicles in this way; doing so would prevent immigration officers being able to search small boats, for example.
Lord Coaker (Lab)
I am sure the Minister answered this in Committee, but can he just confirm that vehicles are lorries, van and cars? Does “a vehicle” mean all types of vehicle?
Lord Murray of Blidworth (Con)
I seem to remember —I am sure the Bill team will correct me if I am wrong—that it does not include private cars and camper-vans. I hope that clarifies the point; if am wrong, I will be sent a message, I am sure.
Member's explanatory statement
This amendment is consequential on the amendment in the name of Lord Murray of Blidworth at page 12, line 17.
Lord Ponsonby of Shulbrede (Lab)
My Lords, we on the Labour Benches strongly support the amendments tabled by the noble Baroness, Lady Mobarik, and if she presses them to a vote on Monday, we will be supporting her. Her amendments address the removal of safeguards for children put in place when a Conservative Prime Minister sat in No. 10, and it is clear that potentially thousands of children could be detained, some potentially indefinitely. This would undoubtedly cause long-term damage to their health, well-being and development. We are happy to support those amendments, and we are very interested to hear about the ongoing discussions which noble Baronesses on the other side of the House have mentioned.
Regarding the amendments tabled by the noble Lord, Lord German, I interpret them as probing amendments into the rules concerning detention and, particularly in the case of barges with the quite astonishing figures he gave today, the cost and where there will be areas for people to walk around and exercise in the vicinity of the barges. I will be interested to hear what the Minister has to say about that in response to the amendments from the noble Lord, Lord German. We are happy to support the amendments tabled by the noble Baroness, Lady Mobarik.
Lord Murray of Blidworth (Con)
My Lords, with these amendments we return to the issue of detention time limits in relation to unaccompanied children and the limiting of places of detention. Amendments 49, 53, 56 and 61, tabled by the noble Lord, Lord German, limit the “place of detention” in the Bill to those that are presently authorised for detention. We detain persons for immigration purposes only in places that are listed in the Immigration (Places of Detention) Direction 2021. As I set out in Committee, following Royal Assent we will update the direction in line with the new detention powers.
For more than 50 years we have operated a framework where the Home Secretary sets out the places where persons may be detained for immigration purposes in an administrative direction. The provisions in paragraph 18 of Schedule 2 to the Immigration Act 1971 have operated perfectly satisfactorily. I see no case now to change to a position whereby places of detention are to be set out in primary legislation.
I assure noble Lords that the welfare of detained individuals is of paramount importance. Any place of detention must be suitable for the persons we are detaining there, and adequate provision will be made for the safety and welfare of the detained person. The Detention Centre Rules 2001 make provision for the regulation and management of immigration removal centres. These rules set out:
“The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a safe and secure environment”.
The rules also set out the specific requirements which an immigration removal centre must comply with, including, but not limited to, provision for maintenance, general security, healthcare, access and welfare. These rules will continue to apply to detention in immigration removal centres under this Bill. I hope that is a complete answer to the points raised by the noble Lord, Lord German. I add that, as their name suggests, these rules apply to detention accommodation, not to non-detained accommodation such as the Bibby Stockholm barge, from which of course people may come and go.
Moreover, we already have robust statutory oversight of immigration detention, including inspection by the Inspectorate of Prisons and independent monitoring boards at every detention facility, and effective safeguards within the detention process which, I would suggest, are efficient.
I turn to the issue of detention time limits. Amendments 51, 57, 59 and 63, tabled by my noble friend Lady Mobarik, seek to retain the existing time limits on the detention of children. It is an unavoidable fact that holding people in detention is necessary to ensure that they can successfully be removed from the United Kingdom under the scheme provided for in the Bill, which is designed to operate quickly and fairly. However, our aim is to ensure that no one is held in detention for any longer than is absolutely necessary to effect their removal.
The duty on the Home Secretary to make arrangements for the removal of all illegal entrants back to their home country or to a safe third country will send a clear message that vulnerable individuals, including children, cannot be exploited by the people smugglers facilitating their passage across the channel in small boats on the false promise of starting a new life in the United Kingdom. The detention powers are an integral part of ensuring the success of this Bill, both as a deterrent and as a means of ensuring that the Home Secretary can comply with the duty to make arrangements for removal.
We must not create incentives for people-smuggling gangs to target children or provide opportunities for people to exploit any loopholes. Children may be put at further risk by adults seeking to pass off unaccompanied children as their own. I know this is not my noble friend’s intention, but that is what these amendments would, perversely, achieve.
Under the Bill, detention is not automatic. The Bill provides powers to detain, and the appropriateness of detention will be considered on a case-by-case basis. Moreover, recognising their vulnerability, I remind my noble friend that the Bill makes particular provision for the detention of unaccompanied children.
It is important to recognise that unaccompanied children would be detained only for the purposes of removal in a minority of cases. They are not subject to the duty to remove, and our expectation is that they will generally be transferred to the care of a local authority until they turn 18. Where they are to be detained, the powers in the Bill may be exercised in respect of unaccompanied children only in circumstances to be prescribed in regulations, as we have already discussed during today’s debate. This would be, for example, for the purposes of an initial examination or, where necessary, in the limited cases where they are to be removed to effect a reunion with the child’s parent or to return them to a safe country of origin. As we have already debated, such regulations are now to be subject to the affirmative procedure, as a result of the government amendments to Clause 10.
The Bill also includes a power to place a time limit on the detention of unaccompanied children where that detention is for the purposes of removal. We will keep the operation of these provisions under review, and should it be necessary to introduce a time limit, we have the means to do so.
Given the safeguards we have already built into the arrangements for the detention of unaccompanied children, the Government remain of the view that these amendments, however well-meaning, are not necessary. I therefore ask my noble friend not to press her Amendment 51. However, if she is minded to test the opinion of the House, I ask noble Lords, if and when the Division occurs, to reject the amendment.
Ahead of that, I hope that I have been able to satisfy the noble Lord, Lord German, and that he will be content to withdraw his Amendment 49.
Baroness Lister of Burtersett (Lab)
Before the Minister sits down, will he please answer my question, which I put for the fourth time, at the risk of being extremely boring and sounding like a broken record: where is the child rights impact assessment? We have nearly finished the first of three days on Report, and we still do not have it.
Lord Murray of Blidworth (Con)
As I said yesterday, the child rights impact assessment will be provided in due course.
Lord Scriven (LD)
Before the noble Lord sits down, I have listened very carefully to his answer regarding the potential pull factor if unaccompanied children are not placed in detention. However, children have not been placed in detention since the 2014 provision, and there has been no proportional increase in unaccompanied children claiming asylum. In the impact assessment, which the Government produced on Friday, there is absolutely no indication at all of it being a non-monetary risk. Where is the evidence for that claim being made at the Dispatch Box? Both the legislation since 2014 and the Government’s own impact assessment show that there is no evidence to say that it would be a pull factor.
Lord Murray of Blidworth (Con)
Clearly, the economic impact assessment is targeted at economic impacts, and the noble Lord invites me to comment on something that is a non-economic impact not being in the impact assessment. I am afraid that is a complete explanation for that. As to the pull factors, I suggest to the noble Lord that it is self-evident that there is that risk of a pull factor, and that is an end to the matter.
Lord Scriven (LD)
If it is a pull factor, why was it not a pull factor in 2014?
Lord Murray of Blidworth (Con)
I am not suggesting that it was not a pull factor in 2014.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I have been in this House for only 13 years, and in that time I have had many Ministers coming forward with things I do not agree with, but my noble friend has repeatedly—four times—asked for the assessment. To be told “in due course” at the end of the first day on Report is extremely poor. I suggest that the Minister goes back to his department and gets the assessment here. It does not help his case one iota to say “in due course” to the House at this stage. We should have had this thing weeks ago. I really hope he goes back and understands how cross the House is about this. We have only two days left on Report and then Third Reading. It really is not good enough.
Lord Murray of Blidworth (Con)
I have listened very carefully to what the noble Lord has said and I will certainly take it back to the department.
Lord German (LD)
My Lords, this has been a very interesting but short debate. It is interesting that once again we focus on evidence. I often find it strange in this House when people are asked to make judgments about very important matters, particularly affecting young people, and we are not provided with the evidence.
It is not just four times that the noble Baroness, Lady Lister, has asked. It is probably four on top of four and many times beforehand. She always asks for this in a very decent manner. It is so important that we have that information in order to make judgments about legislation we are being asked to approve or to change. It is not good enough for the Government to say, “Take our word for it”. They should provide that evidence as we would normally expect, at the right time and in the right place. We are now moving rapidly beyond the place where it will be in demand. I dread to think about the devices that one uses in the legislative process that allow us to keep coming back to this matter until such time as we can deal with that evidence.
On the amendments I was talking to, I think I have had a partial answer in that the Detention Centre Rules 2001 are to be followed, so that is something about standards. The bit that I did not have answered was what the difference would be between detention and the places where people will be held or provided with accommodation. In the case of the barge that I told the House about earlier, the only difference was that there would be no curfew and the gate would be closed. That seems the only difference in the standards between the two.
It is a matter that I will keep coming back to, but I am minded to withdraw. Before I do, I say to the noble Baroness, Lady Mobarik, that on these Benches we are certain that if she were to move these to a vote we would support her. The issues she has raised are crucial, especially as we lack the evidence for anybody to say that the case being made has been dealt with appropriately. If I could encourage that, I would be very grateful. In the meantime, I withdraw Amendment 49.
Asylum: Channel Crossings
Lord Murray of Blidworth Excerpts(10 months, 3 weeks ago)
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Lord Dubs
To ask His Majesty’s Government how many people since January have (1) crossed the Channel irregularly by boat, and (2) claimed asylum having done so; and how many of these asylum claims are awaiting a decision.
The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
An overall total of 11,279 people have arrived in the United Kingdom by small boat since January of this year to today’s date. From 1 March to 31 March, 3,362 asylum claims were raised from small boat arrivals, of which 3,306 are awaiting initial decision. The number of asylum claims made from arrivals from 1 April 2023 will be detailed in the next quarterly publication of statistics.
Lord Dubs (Lab)
Can the Minister tell us how many of these people in the various categories were unaccompanied children? Is there any reason why unaccompanied children are barely mentioned in the impact assessment?
Lord Murray of Blidworth (Con)
I will need to write to the noble Lord regarding the precise number of unaccompanied children in those statistics. We will be discussing the impact assessment in due course—to coin a phrase.
Lord Newby (LD)
My Lords, some time ago, the Government pledged to eliminate the backlog of asylum claims by the end of this year. How is that going, and how confident is the Minister of that target being met?
Lord Murray of Blidworth (Con)
On 31 December, the Prime Minister pledged to clear the backlog of 92,601 initial asylum claims; that relates to asylum claims made before 28 June 2022. One way this will be achieved is via the streamlined asylum process, which is centred around accelerating the processing of manifestly well-founded asylum claims. From 23 February, legacy claims from nationals of Afghanistan, Eritrea, Libya, Syria and Yemen will normally be considered through the streamlined asylum process. That means that a positive decision can be taken on the information available, and the claimant will not be substantively interviewed. I reassure the noble Lord that this work has progressed in terms of the recruitment of further caseworkers, and we hope to have 2,500 further case- workers in place by September.
Baroness Gohir (CB)
My Lords, of the numbers crossing the channel, how many are women and how many are pregnant women? I asked this question in writing during the debates on the Illegal Migration Bill; I got a response, but no clarity on numbers. Could they be shared today?
Lord Murray of Blidworth (Con)
Clearly, I can provide a breakdown of those numbers, probably during tomorrow’s debate. As far as I am aware, there were no pregnant women.
Lord Hamilton of Epsom (Con)
My Lords, further to the question about children from the noble Lord, Lord Dubs, does my noble friend have any evidence that human rights lawyers are telling people who come here illegally on boats across the channel to say that they are children, when they are clearly not?
Lord Murray of Blidworth (Con)
My noble friend is right that intelligence exists suggesting that people smugglers give information to those they smuggle. I am aware that allegations have been made against lawyers, but I would not like to say any more at this stage.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I first thank the noble Lord for facilitating my visit to RAF Manston and to Western Jet Foil a few weeks ago. During that trip, I was made aware of a cohort of youths who initially identify as adults because they want to work. Indeed, they may have been working in their home country since they were 13 or 14. Does the Home Office keep any record of whether this group is more likely to go missing or abscond, so that they can perhaps be identified earlier in the process, before they go missing?
Lord Murray of Blidworth (Con)
I thank the noble Lord for that question, which is clearly important and I will find out the answer. I know that the noble Baroness, Lady Chakrabarti, has a Question about missing asylum-seeking children in the next fortnight, so I will report back to the House then and will of course write to the noble Lord.
Lord Singh of Wimbledon (CB)
My Lords, refugees escaping the horrors of war and arriving in the UK in small boats last year constituted less than 5% of the annual number of immigrants. Can the Minister explain why, despite Christian teachings—with which we begin proceedings in this House—requiring that they be treated with care and compassion, the Government are making their harassment and deportation, at £170,000 a head, a national priority?
Lord Murray of Blidworth (Con)
The noble Lord will not be surprised to learn that I disagree with him. The purpose of the Illegal Migration Bill is to deter dangerous crossings of the channel and other methods of illegal entry. This is an entirely responsible and appropriate policy step.
Baroness Lister of Burtersett (Lab)
My Lords, following the question from my noble friend Lord Dubs, can the Minister explain why we still do not have a child rights impact assessment, so that we can assess the Government’s argument that the Bill is in the best interests of children? All organisations, including children’s commissioner, believe that it is not.
Lord Murray of Blidworth (Con)
I am afraid that I cannot provide the noble Baroness with an update on the child rights impact assessment, but I am sure that it will be provided.
Baroness Jones of Moulsecoomb (GP)
My Lords, I cannot understand why the Government are dead set on spending huge amounts of money on sending asylum seekers to Rwanda. In fact, we would be much better off if we let them work here, as most of them want to do. Have the Government thought about that at all—about making them taxpayers?
Lord Murray of Blidworth (Con)
As I have said many times in this House while the noble Baroness has been present, the reason why asylum seekers are not initially allowed to work is in order to prevent a very large pull factor encouraging illegal migration.
Lord Reid of Cardowan (Lab)
Can the Minister please give us the total figure of the number of asylum claims that have not been concluded? He gave a figure of 92,500, which, presumably, is the number of cases that have not been started. However, there may be many that have been started—a file has been opened—and which are excluded from that 92,500. Can the Minister give us the total number of asylum claims that have not been finished or started?
Lord Murray of Blidworth (Con)
Of course, I do not have those statistics to hand but they are available on the GOV.UK website. The latest statistics release, covering 1 January 2023 to 31 March 2023, shows that during that period 3,793 people arrived in the UK having crossed the channel by small boat. The next quarter of statistics is due to be published on 24 August 2023. As the noble Lord is aware, the Home Office needs to ensure that information intended for publication meets the standards and requirements set for departmental publications.
Lord Empey (UUP)
Can the Minister explain how this wretched illegal trade is allowed to be conducted in broad daylight from the shores of northern France? What would the situation be if the boats were going in the opposite direction? Would we allow the south coast to be used as a trading post for this illegal trade?
Lord Murray of Blidworth (Con)
I thank the noble Lord. The answer is clearly that we would not, and I agree with the sentiment of his question.
Lord Hannay of Chiswick (CB)
I thank the Minister for the letter he has put in the Library of the House recording that the UN Committee on the Rights of the Child has adopted a formal report saying that the Bill before the House, which we will discuss tomorrow, requires amendment if we are not to breach our international obligations. Will he bring us the good tidings that we are going to do something about that?
Lord Murray of Blidworth (Con)
Tempting though it is to take up the noble Lord’s invitation to predict what might happen tomorrow, I will not go down that avenue. If I may, I will answer the earlier question of the noble Lord, Lord Dubs. Some 12% of arrivals claim to be unaccompanied asylum-seeking children—of course, those are claims and are not confirmed—and 13% of arrivals are female, whereas 87% are male.
Baroness Symons of Vernham Dean (Lab)
My Lords, the Minister has been unable to answer several questions raised today in this exchange. We have a debate tomorrow. Can he guarantee that he will look this evening at the questions he has been unable to answer and give perhaps a better account of what is going on? He has his officials in the box—many of us have been in that box before—and I hope he will look at what he has been unable to answer and be able to give a full account in the debate tomorrow.
Lord Murray of Blidworth (Con)
The noble Baroness will have noticed that I actually provided answers in response to those questions a moment ago. I am afraid I resent the tone of her question. I will of course have at my fingertips relevant information for tomorrow’s debate.
Illegal Migration Bill
Lord Murray of Blidworth Excerpts(10 months, 3 weeks ago)
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Lord Murray of Blidworth
That the amendments for the Report stage be marshalled and considered in the following order:
Clauses 1 to 5, Schedule 1, Clauses 6 to 14, Schedule 2, Clauses 15 to 68, Title.