Border Security, Asylum and Immigration Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Monday 2nd June 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

The time is up.

[Lord Lilley (Con)]

The noble Baroness is right. I shall sit down.

--- Later in debate ---

[Baroness Jones of Moulsecoomb (GP)]

It is always a pleasure to follow the noble Lord, Lord Dubs, and I, too, have visited Calais and I totally agree that no one would live there if they had a choice. Those people are clearly desperate, and one can perhaps understand why they are taking desperate routes. I am also speaking before the noble Lord, Lord Harper, so I cannot tell him what a wonderful speech he has just made, but I am sure it will be excellent.

I listened to the two opening speeches with something close to despair, because I get the sense that the Labour Government want to do something right, but I think they have missed opportunities here. Of course, the Opposition had 14 years to put this right and what we actually saw was 14 years of draconian rules and legislation that focused public attention on stopping the boats but at the same time allowed a huge abuse of the system with billionaires in private jets siphoning off taxpayers’ money during austerity and the Covid crisis. We had 14 years of a hostile environment and 14 years of draconian rules, and what did we actually get out of it? Rwanda was the most ridiculous threat, and I am delighted that that has now gone.

Certainly, in those 14 years, the criminal gangs got richer and the people who were letting out their hotels to refugees also got richer, but, of course, the number of people arriving by small boats has kept on climbing. Under contracts signed by the previous Conservative Government, Clearsprings, Mears and Serco made a combined profit of £385 million since 2019. That has grown, because the Government deliberately allowed a backlog in asylum claims as part of their failed policy of deterrence. The “Bibby Stockholm” refugee barge was yet another failed deterrent, with the taxpayer picking up the bill for things such as the high-cost docking fees at Portland Port.

The last Government tried deterrents. They did not work and led to much higher bills for taxpayers but not to any real advantage. Refugees do not want to live on ships or in hotels. They want to become citizens and build new lives for themselves as previous waves of immigrants did. Whether descended from the Huguenots, German Jews, Ugandan Asians or other families that have fled persecution and war to make a good life here for hundreds of years, the vast majority want to contribute to society. They are grateful to be taken in and allowed to live without danger.

Most of today’s refugees want to earn a living and not rely on handouts, but our Government will not let them. Most want to contribute and benefit our economy, but our Government make them a problem instead of part of the solution. The problem is not the refugees; it is the Government’s failed attempts to deter them, which have not worked but have made things much worse and created bigger problems. I know that Labour wants to sort out the huge delays in processing asylum claims and to cut down on the use of hotels, but they are keeping most of the draconian rules that were passed by the previous, clueless Government.

Why are this Labour Government retaining provisions of the Illegal Migration Act 2023 and the Nationality and Borders Act 2022 that when in opposition they condemned as immoral and destructive of human rights commitments? They even voted alongside the Greens and the Lib Dems to defeat the previous Government 19 times on those draconian rules that they regarded as unacceptable. Why have His Majesty’s Government failed to make any provision for safe routes to this country for people seeking asylum—including people with close family and other connections here? The Government expect us to pass a law that says, “If you arrive here via a small boat, or in the back of a lorry, you’re not regarded as a person of good character and are therefore ineligible to settle”. However, because no additional safe routes are set up, the only way that you can be a person of good character, according to Labour, is not to arrive here at all. These are not the actions of a Government who treat vulnerable people with fairness and decency, and, quite honestly, they are not a Government who deserve to be in power.

Border Security, Asylum and Immigration Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 3rd September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I have given the House accurate figures which show the removals. I cannot give the noble Viscount the figure he asked for immediately in this discussion, but I will reflect upon that question for him, on the ratio of individuals and where they have come from. However, around 35% of asylum claims are rejected. We are trying to speed up the asylum claims system to ensure that we come to decisions earlier and can therefore remove people with no right to be here. I will certainly examine the noble Viscount’s question, and if he is not happy with the response I eventually give him, there are opportunities further downstream for us to debate that further.

[Baroness Jones of Moulsecoomb (GP)]

I have listened to so much claptrap from this side of the Chamber, I cannot bear it any more. Could we please stop the right-wing nonsense you are all spouting? Could we perhaps hear just how many people who arrive by small boat are actually given asylum because they have a justified claim?

[Lord Hanson of Flint (Lab)]

I cannot give the noble Baroness the definitive figure on small boat arrival asylum claims, but roughly 61% to 65% of asylum claims are accepted, and roughly 35% are not. I can reflect on the exact figures, but those are the rough figures. From the Government’s perspective, we then have to speed up the asylum claims so we can make those assessments much more speedily. Part of the reason for the problem of having a large number of people in hotels is that those asylum applications were not speedily assessed. Therefore, people have been left in limbo in asylum hotels.

Those numbers have grown exponentially during the period 2015 to 2024. There was a dip just before the election, which I acknowledge, but further energy needs to be put into that to close the hotels—which we intend to do—and to speed up the asylum claim procedure to determine who has a right to asylum. There are separate issues, which have been raised by a number of noble Lords, such as ECHR obligations, refugee convention obligations, et cetera. But the Government simply believe that we need to speed up those asylum claims, and the measures in the Bill and externally from executive action and the immigration White Paper, along with future proposals, are designed to do that. I urge the noble Lord to withdraw his clause stand part notice.

Border Security, Asylum and Immigration Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Monday 13th October 2025 Lords Chamber

The amendment we are proposing does not create new entitlements; it simply ensures that resettlement is delivered in a way that protects children and upholds the values of compassion and decency that this House has long championed. It strengthens accountability, supports local authorities and fills a critical gap in our humanitarian response. At a time when safe routes are being closed and children are being placed at greater risk, it offers a practical and principled way forward. I urge noble Lords to support it.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I signed Amendment 166, though there are several amendments here that I could have supported because I feel that they are common sense.

How can this Government be so heartless as to not accept that families have to be together? Surely that is basic humanity. Why are this Government so happy to shed so many voters simply by hanging on to the right-wing nonsense that says asylum seekers are to blame for all the problems that we face in Britain—the shortage of housing, the damage to the NHS and the lack of jobs? This is not the fault of asylum seekers; this is the fault of the previous Government’s policy of austerity that has so damaged our processes here. The right wing gets this opportunity to pass the blame on to other people. Will this Government please get a backbone and stand up for the rights of people?

[Baroness Butler-Sloss (CB)]

My Lords, I understand what the noble Lord, Lord Jackson, is saying about immigration. It is in the press every day and it is a serious issue that the public care about. However, he spoke a great deal about adults and, on this, we are particularly talking about children.

I hugely admire the noble Lord, Lord Dubs, for the valiant work he has done over so many years. I support family reunion, and I particularly support his amendment. Some years ago, with the help of the NGO Safe Passage, Fiona Mactaggart, then an MP, and I went to Calais and met children. We did not meet any grown-ups who were trying to get to this country; we met entirely children. I can say to the noble Lord, Lord Jackson, that it was not 17 year-olds we were talking to; they were 10, 11 and 12 year-olds who were anxious to join their families in this country.

Until Brexit, this country—under Dublin III, I think it was—allowed children to join their parents. To the credit of the then Conservative Government, that was going to be continued. It was then stopped. It seems to me that, with one voice, this Government are talking in the Children’s Wellbeing and Schools Bill about the best interests of children and saying that the welfare of children is paramount. Does that stop at this border? Does it mean that if a child comes from Somalia, Eritrea, Sudan or Afghanistan—countries where the greatest conflicts are at the moment—that child does not merit their best interests being considered? I absolutely do not believe that that is the view of this Government. Whatever may be said about this Government, in the past they have shown a huge degree of compassion in all sorts of situations. Although I may not agree with much that the Government say, I have admired the party over many years for its approach. For this Government to say that they will no longer allow foreign children to come to this country to join their parents would, as the noble Lord, Lord Kerr, said, be shocking—I use his word.

It would probably be wise to support the noble Lord, Lord Dubs, rather than go too far in saying how many relatives could come and join children who are already here. I worry about children put into care in this country if they do not have their families—of course I do; but I worry a great deal more about children living under the trees in a cold Calais winter, wanting to join their families here. That is the group we should worry about. That is the group that the amendment of the noble Lord, Lord Dubs, is primarily talking about.

I find it incredible that this Government will not recognise that some children whose families are already here cannot come and join them, as successive Governments have allowed for so many years. I find it truly sad, if that is what the Minister is going to say.

--- Later in debate ---

[Baroness Chakrabarti (Lab)]

My Lords, I will introduce Amendments 184 and 185 in my name. I am grateful for the support of the right reverend Prelate the Bishop of Chelmsford and the noble Baroness, Lady Jones of Moulsecoomb. Both amendments are inspired by the Government’s commitment in last year’s election manifesto that we will once again be a defender of the international rule of law.

The late Lord Bingham of Cornhill’s eighth principle on the rule of law is that it

“requires compliance by the state with its obligations in international law as in national law”.

The rule of law is a fundamental constitutional principle that safeguards against arbitrary power. What are we here for if not to protect the constitution?

Throughout debates on this Bill and other annual asylum Bills of recent years, noble Lords have raised concerns about compliance with international law, including the 1951 refugee convention. More than 20 years ago, in 1993, a Bill was passed through Parliament, with the noble Lord, Lord Clarke of Nottingham, as Home Secretary. It was implemented by the noble Lord, Lord Howard of Lympne, and contains a section titled “Primacy of Convention”. This section, still in force, provides that:

“Nothing in the immigration rules … shall lay down any practice which would be contrary to the”


refugee convention.

My Amendment 184 is in the spirit of this provision, but addresses the relationship between the convention and our domestic legal system more holistically. Drawing from the hallmark constitutional balance agreed by Parliament in the Human Rights Act 1998, it seeks to ensure harmony between primary legislation, subordinate legislation, the Immigration Rules, executive guidance and the refugee convention, so far as that is possible. It would give effect to Parliament’s intention to legislate in compliance with human rights. As with the Human Rights Act, courts would interpret laws only with the grain of the legislation and do no more than necessary to ensure compliance with human rights standards. This would help realise Parliament’s overarching intention and rectify drafting errors or address factual circumstances not foreseen by legislators.

Just as our courts have exercised judicial restraint in using Section 3 of the Human Rights Act, our independent judiciary could be trusted to exercise restraint in using this proposed new clause. Where primary legislation cannot be compatibly interpreted, then, as with Section 4 of the Human Rights Act, a declaration of incompatibility could be made which would not affect—I repeat not affect—the validity or continued operation of that law.

Those who rail against judicial human rights decisions with which they disagree should be reminded of this relationship between Sections 3 and 4 of the Human Rights Act. It explicitly protects parliamentary sovereignty and, in contrast with, say, the US Bill of Rights, prevents our Supreme Court reinterpreting, let alone striking down, explicitly incompatible primary legislation. For the sake of completeness, the injunction in Section 2 of the Act is to “take into account”, not be bound by, decisions of the European Court of Human Rights in Strasbourg.

Amendment 184 would, so far as is possible, ensure, for example, that our criminal penalties do not violate the immunity provided by the refugee convention, that our guidance on nationality does not treat refugees for evermore as not of good character if so to do would breach the refugee convention, and that refugees would not face being sent to places called safe where they will, in fact, face persecution.

Amendment 185 is specific to the question of immunity from criminal penalties. As your Lordships have heard time and again, Article 31.1 of the refugee convention protects refugees from

“penalties, on account of their illegal entry or presence”

if they come directly from the country persecuting them,

“present themselves without delay to the authorities and show good cause for their illegal entry or presence”.

The reason for this immunity is simple. People fleeing persecution and seeking sanctuary are often compelled to arrive, enter and be present in a state irregularly. It is clear that Section 31 of the Immigration and Asylum Act 1999 is intended to cover this defence. Indeed, it is titled:

“Defences based on Article 31(1) of the Refugee Convention”.


However, it is insufficient and does not reflect the full scope of that article. It provides only a narrow defence to an insufficient list of offences, including forgery and connected offences, possession of false identity documents, deception and falsification of documents.

Therefore, while there is a statutory defence for arriving with false documents, there is no statutory defence for arriving without requisite documents. Someone who uses a fake passport to get on a boat or plane directly from where they face persecution is provided with a narrow defence, but as we know, with our ever-tightening visa regime and with airlines afraid of penalties, refugees cannot board safe planes—if they could, they might not risk crossing Europe on foot or the channel in dinghies. If they had instead walked barefoot or been trafficked and arrived in Libya, Turkey or France, having lost or had stolen any papers they had along the way, they would have no statutory defence against prosecution for irregular arrival or entry in the UK, or indeed against the new facilitation offences in this Bill and the Nationality and Borders Act 2022 before it.

This is not a mere hypothetical. The best available data shows that 556 people arriving by small boat were charged with illegal arrival and 455 were convicted—a number of them young people, who are treated and prosecuted as adults, with insufficient initial age assessments. The vast majority of those charged and convicted had ongoing claims for asylum, as well as experiences of trafficking and/or torture, but had to share prison cells with adults before being released into the care of local authorities.

In its recent report on this Bill, the Joint Committee on Human Rights stated:

“Article 31 is partially incorporated into domestic law by way of section 31 of the Immigration and Asylum Act 1999. However, the Committee agrees with its predecessor that this provision is not fully compliant with the Refugee Convention”.


Therefore, my amendment is one endeavour to ensure compliance. I appreciate that there are other such attempts, including from the chair of that committee, the noble Lord, Lord Alton of Liverpool, in his Amendment 203. I am sure that we all wish him a full and speedy recovery from his recent injuries.

In Amendment 203I and other amendments, the noble Lord, Lord Murray of Blidworth, has proposed a restrictive interpretation of Article 31.1 of the refugee convention. Our courts have interpreted the term “directly”—as in coming directly—broadly and purposively to ensure that refugees who have crossed through and had mere short-term transitory stops in other countries, such as while crossing deserts and seas, may still be exempt from penalties if they were en route to their place of intended sanctuary. The late and much lamented Lord Brown of Eaton-under-Heywood in Adimi provided a clear test for interpreting whether someone has come directly, looking at the length of stay in the intermediate country, the reason for the delay and whether or not the refugee sought or found protection in that intermediate country. We must return to and uphold that common law position, as the late Lord Bingham of Cornhill did in the House of Lords Judicial Committee in Afshar.

As we repeatedly discuss, the entire system of international refugee protection would collapse if this were not the case—if every person were subject to penalties if they passed through or stopped in a safe country. The UK could say that all refugees are the responsibility of France. France would look to Italy, which would no doubt point to Tunisia. Tunisia would say “Libya”, and Libya would say “Sudan”. Thus, immediately, neighbouring countries would bear all the responsibility, of which they already bear a great share, or refugees would be pushed back into their countries of persecution. This was never the intention and could never logically have been the intention of a refugee convention. With this approach, like dominoes, our system of post-war legal protection and the international rule of law would fall. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I signed the two amendments in the name of the noble Baroness, Lady Chakrabarti, not because I have any legal training but because I trust her judgment on this. I was hoping that some of our estimable Cross-Bench KCs and former judges would stand up and say, “This is rubbish; you can’t do this”. In their absence, I will say just a few words.