Border Security, Asylum and Immigration Bill

Baroness Hamwee Excerpts

2nd reading
Monday 2nd June 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I would like to say “More, more” to that. I thank the Minister for his straightforward introduction. I think that he would be worried if he had received a unanimous welcome for the Bill today—and we have heard some rather different views. To pick up the phrase of the noble Lord, Lord Harper, from his maiden speech, which I really enjoyed, we on these Benches are destined not to agree. I congratulate him on his speech.

At this time of night, I do not want to spend time on matters on which, over quite some years, we have spent a lot of time and emotion opposing. As my noble friends made clear, we welcome what we can—and there is a good deal to welcome. The repeals take up so little space in the Bill that it might be easy to spend too little time on them, but we will not shy away from probing the principled detail and workability of a number of provisions. There are several where we are some way from sharing the Government’s approach.

The Bill includes policies on which, as others have said, many organisations in the sector are providing very useful comments: we thank them. We will seek to persuade the Government of a number of policies and actions for which we have argued over some years—sometimes alongside the Labour Party, though we will try to be tactful about that—including allowing asylum seekers whose claim is not determined to work, retrieve their dignity and pay their way, in jobs which are much less restricted than those in the shortage occupation list. If applications are dealt with within a reasonable time, this should not be too much of an ask.

Where we can within the Bill’s scope, we will try to head off some of the plans trailed in the immigration White Paper, or introduced by recent rule changes, which are causing so much anxiety and distress. The new criteria for the good-character requirement for citizenship and the doubling, retrospectively, of the period of settlement are high on our list, as are the language and financial requirements—these are, to me, a somewhat skewed way of looking at integration. It is clear that a lot of UK citizens’ family members are affected by what the White Paper heralds, and the more the Minister can clarify the details of the residence requirements tonight, the better.

If public trust in the system is to be regained, respecting immigrants and asylum seekers as individuals, not some anonymous other, must be one way to do it, rather than conflating asylum and immigration. As has been said tonight, we must be clear in our language. I welcome the reflective speeches we have heard tonight that have focused on how we debate these issues. We must ensure too that people who have been, and in some cases still are being, exploited and abused are protected and supported, not punished. That is our responsibility.

The Minister will not be surprised that we will argue for practical mechanisms and safe routes to provide refuge for more people who need refuge because they come from conflict-afflicted areas—Sudan has been mentioned several times—or because of who they are. We know that we cannot provide for everyone, but we must do better. I refer any noble Lord who thinks we have been coy about our policy on safe and legal routes to look at our manifesto at the last election.

Nor will the Minister be surprised that we will again be seeking a more humane approach to family reunion, especially where children are involved. We continue to resist the notion that lone refugee children are a “pull factor”; it is push factors that make them lone refugee children. I have no doubt that we will spend time on children’s protection and needs: my noble friend Lady Brinton and others will see to that.

I turn to the Bill with which we are presented. We welcome the repeals of extreme and cruel legislation, but it does not go far enough. My noble friend mentioned detention. It is disconcerting and worrying that the Government are not dealing with clauses that adversely affect victims of modern slavery and human trafficking. As I say, we need more repeals. We know that positive action and support are needed to make the UK world-leading again. We did not stay here one night till 4.16 am to vote on age assessment not to address now all the concerns that we still have.

For myself, I am underwhelmed by the clauses relating to the Border Security Commander. As the post was established, I think, the day after the general election, and that must in large part have been presentational—a very useful term—what have we been without for the last 10 months? I have to say that I do not care for the notion that responsibility does not sit squarely with the Home Office.

This is perhaps something and nothing compared to what is under the heading “Other border security provision”. Of course, smugglers are to be condemned and responded to as organised criminals, with money, a lot of it, as their objective, and never mind who is damaged on the way, but some of the offences as drafted will criminalise people who must be recognised as victims forced into certain actions. When smugglers’ victims are, by definition, on hand to be forced to steer boats, for instance, how is this a deterrence to the real criminals or indeed to those who are simply seeking refuge?

TPIMs-type conditions which are lacking in safeguards cast people as criminals, and I accept some who will be affected are, but will these become routine? Will they be used routinely on people who are on immigration bail or who actually have limited leave? What about detention with retrospective powers,

“while the Secretary of State considers whether to make a deportation order”

and “always having had effect”?

I know that the Government do not propose to tag students, though it seems to be possible, but—especially in view of what is happening in the US—let us promote the UK’s universities, not send out a message that they, among others, are viewed with suspicion rather than to be welcomed.

Why is Part 3, “Prevention of serious crime”, in this Bill when we have a Crime and Policing Bill coming along? Mind you, I know it is already very chunky. We certainly resist any suggestion that asylum seekers as a group should be categorised as serious criminals or indeed criminals.

I am pleased that my noble friend Lady Ludford—like my noble friend Lord Oates, who cannot be here today—is prepared to take on the brain-scrambling Clause 42.

Over the years, we on these Benches have expressed our discomfort—to put it at its lowest—with civil orders which can morph into criminal penalties, and we will want to be very careful with serious crime prevention orders.

I have mentioned Clause 41. Powers of the Secretary of State to make regulations or use discretion are the bread and butter of this House’s work. Before anyone interrupts me, I am aware of the report of the DPRR Committee’s report.

Who could oppose cracking down further on bad immigration advisers? However, what would help more would be more legal aid and not having IAA fees at a level which may have an adverse effect on the numbers of skilled advisers; there is so much unmet need now.

Clauses about data always need our care. I am interested in the point made by one organisation in the sector that the UK should have safeguards to ensure it is not transferring biometric information in such a way that it may place the subject at risk.

It is not a matter for legislation, but on Saturday I received a plea for help with a long-outstanding application for ILR, with the Home Office writing that that there are “technical reasons” for the delay—this is not the case on which I have been in correspondence with the Minister, including this morning. One gets the feeling that there must be piles of too difficult, non-standard applications left on one side; improving efficiency is not only about numbers, but about the tricky cases too.

We look forward to what the JCHR has to say about the Bill, and maybe the Constitution Committee too.

We will strive to turn this Bill into legislation that is focused not on deterrence—which we do not think is likely to be effective—nor on punishment, but a positive response to one of the big issues of our day. By Committee, I might have thought of some music relevant to it.