Border Security, Asylum and Immigration Bill

Lord Davies of Gower Excerpts

Committee stage
Wednesday 3rd September 2025 Lords Chamber

Moved by

[Lord Davies of Gower]

106: After Clause 38, insert the following new Clause—
“Unaccompanied children and power to provide for exceptions(1) The duty in section (Duty to make arrangements for removal)(1) does not require the Secretary of State to make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.(2) The Secretary of State may make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.(3) The power in subsection (2) may be exercised only—(a) where the person is to be removed for the purposes of reunion with the person’s parent;(b) where the person is to be removed to a country listed in section 80AA(1) of the Nationality, Immigration and Asylum Act 2002 (safe States for the purposes of section 80A of that Act) which is—(i) a country of which the person is a national, or(ii) a country in which the person has obtained a passport or other document of identity;(c) where the person has not made a protection claim or a human rights claim and the person is to be removed to—(i) a country of which the person is a national,(ii) a country or territory in which the person has obtained a passport or other document of identity, or(iii) a country or territory in which the person embarked for the United Kingdom;(d) in such other circumstances as may be specified in regulations made by the Secretary of State.(4) Regulations under subsection (3)(d) may confer a discretion on the Secretary of State.(5) For the purposes of this section a person (“C”) is an “unaccompanied child” if—(a) C meets the four conditions in section (Duty to make arrangements for removal),(b) C is under the age of 18, and(c) at the relevant time no individual (whether or not a parent of C) who was aged 18 or over had care of C.(6) In subsection (5) “the relevant time” means the time of C’s entry or arrival in the United Kingdom by virtue of which the duty in section (Duty to make arrangements for removal)(1) would apply in relation to C apart from this section.(7) The Secretary of State may by regulations make provision for other exceptions from the duty in section (Duty to make arrangements for removal)(1). (8) Regulations under subsection (7) may make provision—(a) for this Act or any other enactment to have effect with modifications, in relation to a person to whom an exception applies, in consequence of the application of the exception to that person;(b) for an exception, or for any provision made by virtue of paragraph (a), to be treated as having had effect from a time before the coming into force of the regulations.(9) Regulations made by virtue of subsection (8)(a) may, in particular, disapply any provision of this Act or any other enactment in relation to a person to whom an exception applies.(10) In subsections (8) and (9) “enactment” includes—(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;(c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.(11) A statutory instrument containing regulations under subsection (7) must be laid before Parliament after being made.(12) Regulations contained in a statutory instrument laid before Parliament under subsection (11) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.(13) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—(a) Parliament is dissolved or prorogued, or(b) either House of Parliament is adjourned for more than four days.(14) If regulations cease to have effect as a result of subsection (12) that does not—(a) affect the validity of anything previously done under the regulations, or(b) prevent the making of new regulations.(15) In this section—“human rights claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002;“national” includes citizen;“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002.”

[Lord Davies of Gower (Con)]

My Lords, I will also speak to Amendments 107, 108 and 111 standing in my name. They are all linked to the amendments in the previous group and once again are aimed at understanding exactly why the Government are repealing each of these clauses.

First and foremost, Amendment 106 rightly acknowledges the unique vulnerability of unaccompanied children. Unlike adults, these children do not have the benefit of parental guidance, support or protection, which fundamentally changes the context in which any immigration or removal decision should be made. The exemption from removal under proposed new subsection (1) reflects the humane principle that children, especially those who arrive without guardians, require special consideration. At the same time, the amendment incorporates a balanced discretion for the Secretary of State to make exceptions, but, crucially, only in narrowly defined and principled circumstances. This discretion is limited to cases of family reunion or removal to a safe state to which the child has a clear connection, such as nationality or passport holding. This would ensure that the state maintains the ability to act in the best interests of the child and public policy without resorting to indiscriminate removals.

Amendment 107 would bring much-needed clarity and accountability to the handling of European Court of Human Rights interim measures, in relation to the duty to remove under Amendment 105. Interim measures, often issued to prevent irreparable harm while a full hearing is pending, are a critical tool in safeguarding human rights. However, this amendment rightly recognises that these measures must be balanced with national sovereignty and the Government’s responsibility to manage immigration effectively. First, the amendment would establish that the decision to give effect to a European Court of Human Rights interim measure is the discretionary personal responsibility of a Minister of the Crown. This personal involvement emphasises the gravity of the decision, ensuring that it is not delegated lightly or handled bureaucratically. Such a provision would enhance political accountability, requiring Ministers to engage directly with complex legal and humanitarian issues rather than allowing automatic suspension of removal without sovereign consideration.

Furthermore, by restricting the obligation of immigration officials, courts and tribunals to give effect to the interim measure where a Minister has chosen not to recognise it, the amendment would prevent conflicting mandates within the system. This avoids a confusing legal limbo where different authorities might take contradictory positions regarding removal actions that undermine coherence and efficiency in immigration enforcement. This provision strikes a pragmatic balance between respecting international human rights obligations and preserving the Government’s capacity to maintain effective border control. It avoids rigid, automatic enforcement of interim measures that could paralyse immigration functions while still providing a structured framework to engage with the European court’s decisions.

Amendment 108 is a crucial step towards ensuring the duty in Amendment 105 is not needlessly hobbled, and that anyone who enters illegally is removed no matter who they are. It would tackle head-on abuse of asylum and human rights claims, a process that can delay removals and undermine the integrity of the immigration system. The amendment would make it clear that, for individuals meeting the statutory conditions for removal, any protection claim, human rights claim, trafficking or slavery victim claim or application for judicial review cannot be used to delay or frustrate the removal process.

This is vital. Currently, the system is frequently exploited through repeated and sometimes frivolous claims, causing prolonged uncertainty, administrative backlog and resource drain on the Home Office and courts. Declaring claims inadmissible at the outset when conditions for removal are met would significantly reduce abuse. It sends a strong message that these legal routes are not loopholes for indefinite delay. This also enables faster removal decisions, preserving our ability to control our borders effectively.

We have also included a judicial ouster clause in this amendment to prevent courts from setting aside inadmissibility declarations, promoting legal certainty and finality in removal proceedings. This avoids protracted litigation and vexatious legal challenges, which often tie up judicial resources without improving outcomes for genuine claimants.

Finally, Amendment 111 addresses the question of what support, if any, is available to individuals whose asylum or related claims are declared inadmissible under these amendments. By amending the Immigration and Asylum Act 1999 and related legislation, the proposed clause ensures that the withdrawal or withholding of support aligns consistently with the inadmissibility framework. This is essential for legal clarity and operational coherence. Without these amendments, there would be a disconnect between the removal of rights to remain and the removal of support, potentially creating gaps or confusion in how support is administered. The amendment ensures that, when a person’s claim is declared inadmissible under the new rules, the support framework adjusts accordingly, reflecting that the individual is no longer entitled to certain forms of state assistance. It also protects the integrity of the asylum support system by preventing those whose claims do not meet the admissibility criteria from accessing support intended for genuine asylum seekers. I beg to move.

[Lord Faulks (Non-Afl)]

My Lords, I know that the Government vigorously opposed the Rwanda Bill, and indeed the Prime Minister described it as a gimmick, or words to that effect. I understand that that is the Government’s position, and I do not expect them to change their mind. But the point worth making is that, although the Rwanda scheme as a whole may not have found favour with the Government, it does not follow that some of the provisions in that Act are not appropriate to whatever policy the Government ultimately may think is appropriate. I know that this is something of a moving picture, as the Minister acknowledged.

I will not repeat what I said in the wrong group in relation to Amendment 107, but I place particular emphasis on that amendment because that issue was a pretty obvious excess of jurisdiction on the part of the European Court of Human Rights. This Government, whatever the final form their policy takes in statutory terms, may find that they have an interim ruling from the European Court of Human Rights that offends natural justice. The fact that—as the noble Lord, Lord Davies, quite rightly said—it needs a Minister before a decision is taken to reject it is an important safeguard. It is not a question of casting it aside and ignoring it; it is considered at an appropriate level, having regard to the unsatisfactory nature of the interim order that the court made under Rule 39. It is important that that provision should be inserted, whatever form the policy takes.

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[Lord Davies of Gower (Con)]

My Lords, I am not sure that the noble Lord has explained fully why the Government are removing these sections of the Illegal Migration Act and why they oppose these amendments. The first amendment sought to protect unaccompanied children from automatic removal, while allowing for carefully defined exceptions. The second amendment aimed to clarify ministerial discretion when it comes to interim measures from the European Court of Human Rights—a safeguard that balances human rights considerations with the practicalities of border control. The third amendment addressed the worrying practice of disregarding outright certain protections, human-rights trafficking claims and judicial review applications—something that risks undermining access to justice. The fourth amendment ensured the coherence of asylum support provisions in cases where claims are declared inadmissible, preventing gaps and confusion around entitlement to state assistance. I make it clear that these concerns remain very much alive with us and may well be brought forward again in the future. But for now I beg to withdraw my amendment.

Amendment 106 withdrawn.

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Moved by

[Lord Davies of Gower]

114: After Clause 38, insert the following new Clause—
“Decisions relating to a person’s age(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section (Duty to make arrangements for removal) (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.(2) If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.(3) Subsections (4) and (5) apply if P makes an application for judicial review of—(a) the decision mentioned in subsection (1), or(b) any decision to make arrangements for the person’s removal from the United Kingdom under this Act which is taken on the basis of that decision.(4) The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom. (5) The court or tribunal must determine the application on the basis that the person’s age is a matter of fact to be determined by the relevant authority; and accordingly the court or tribunal—(a) may grant relief only on the basis that the decision was wrong in law, and(b) may not grant relief on the basis that the court or tribunal considers the decision mentioned in subsection (1) was wrong as a matter of fact.(6) In this section “relevant authority” means—(a) the Secretary of State,(b) an immigration officer,(c) a designated person within the meaning of Part 4 (age assessments) of the Nationality and Borders Act 2022,(d) a local authority within the meaning of that Part, subject to subsection (7), or(e) a public authority within the meaning of that Part which is specified in regulations under section 50(1)(b) of that Act (referral of age-disputed person for age assessment).(7) This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.(8) For the purposes of this section, the cases in which a relevant authority decides the age of a person on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022 include where a relevant authority is treated by virtue of regulations under section (Age assessments: power to make provision about refusal to consent to scientific methods) of this Act as having decided that a person is over the age of 18.(9) This section applies only in relation to a decision which is made after this section comes into force.(10) The Nationality and Borders Act 2022 is amended as follows.(11) In section 54(6) (appeals relating to age assessments)—(a) omit the “and” at the end of paragraph (a), and(b) at the end of paragraph (b) insert “, and(c) section (Decisions relating to a person’s age) of the Border Security, Asylum and Immigration Act 2025 (decisions relating to a person’s age).”(12) In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute—“(b) an appeal under section 54(2)—(i) could no longer be brought (ignoring any possibility of an appeal out of time),(ii) has been finally determined, or(iii) may not be brought as a result of section (Decisions relating to a person’s age)(2) of the Border Security, Asylum and Immigration Act 2025 (age assessments relating to removal under that Act), and”.”

[Lord Davies of Gower (Con)]

My Lords, we all agree that our system must be fair, and that there must be opportunities for proper dialogue and challenge when decisions are made about an individual’s age. That is right, and it is in keeping with our values. However, it is equally clear, and can be argued, that the balance has shifted too far in one direction. We have seen repeated last-minute legal challenges which have little merit but which succeed in frustrating or delaying removals. These are not genuine safeguards; they are tactical devices often deployed to prolong a person’s stay and undermine the integrity of our borders.

Amendment 114 seeks to restore the balance which we identified in government by reintroducing Section 57 of the Illegal Migration Act. It would ensure that factual decisions on age made by the appropriate authority could not be endlessly relitigated as a matter of opinion before the courts. Legal errors could still, rightly, be challenged, but the endless recycling of disputes over fact would no longer come at the cost of our border security. The Government would retain the power they currently have to remove those who they determine should not remain in the United Kingdom.

If we are to reduce the numbers and regain control of this issue, the Government must have the flexibility to act decisively once the facts have been properly determined. That is the balance we strike here: a system that is fair but firm; that is open to genuine challenge but closed to vexatious delay.

Furthermore, Amendment 115 is about ensuring that we have the tools to make accurate, authoritative determinations on the age of those who arrive here illegally. This information is not a minor detail; it shapes the protections a person is entitled to, the facilities in which they may be placed and the level of safeguarding that must be applied. To make decisions that are safe, appropriate and in the best interests of both the individual and the wider community, we must have reliable information.

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[Lord Hanson of Flint (Lab)]

I am grateful for our agreement on the answering of the question and I retain my position. I hope noble Lords will not press their amendments.

[Lord Davies of Gower (Con)]

My Lords, I am grateful for the contributions from noble Lords. That was an informative if not intriguing debate, and I shall be brief in closing our discussion on this group. I return to the central principle that has underpinned all my remarks: our immigration system must be balanced. It must allow for proper dialogue, proper challenge and proper safeguards, but it must also be able to function effectively. The system serves a vital purpose: it protects our borders, it maintains public confidence in our Government’s ability to protect us and it upholds the rule of law. If we allow it to become paralysed by delays, backlogs and spurious challenges, it fails not only in its legal duties but in its duty to the British people.

We on this side of the House are rightly concerned that removing these clauses will jeopardise that balance and that, without them, the Government’s ability to take timely authoritative decisions and to act on them will be weakened—

[Lord Hanson of Flint (Lab)]

I do not want to break the noble Lord’s chain of thought, but information has just been supplied to me that we now have on the government website the number of age disputes raised, the number of age disputes resolved, the number of adults found to be children, et cetera. That information is available now on GOV.UK, and I will supply further details to the noble Baroness in due course.

[Lord Davies of Gower (Con)]

The Government should either reintroduce these provisions or make it clear to this House here and now how they intend to prevent the harm that their removal will cause. Without such assurances, we cannot be confident that our borders will be secure, that our processes will be respected or that the British public can have faith in the system that serves it. On that note, I beg leave to withdraw.

Amendment 114 withdrawn.

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I came across another issue regarding transparency related to AI and that is in—I may have mentioned this to the Minister—the initial interviews which are conducted, where the applicant is sitting alone in a room with a screen, not knowing who is on the other end and how many screens that person is looking at. In other words, what is the supervision of interviews and discussions that are going on? How many people are involved? Applicants do not know who is conducting the interview—I know that there are concerns about this—and are not told, generally, that they can request a copy of the interview transcript. Of those who do, who have good English, too many have found significant errors. In a sense, this is an anecdote, but my conclusion from it is of the importance of using AI properly and in a way which is transparent. This is a probing amendment on how the detail of one’s personal information is used, what guidance is given to caseworkers and how the use is monitored and evaluated.

[Lord Davies of Gower (Con)]

My Lords, we on these Benches agree to a degree with the noble Lord, Lord German, and the noble Baroness, Lady Hamwee. We may not agree on everything, but we are, in this small way, united. I shall speak briefly on the other amendments in this group, before turning to those in my name and that of my noble friend Lord Cameron.

On Amendment 119, it is right that asylum casework should be completed as quickly as possible. Delays are costly to the taxpayer and to public confidence in the asylum system. When cases drag on for extended periods, it not only increases the financial burden but undermines the perception that our system is effective, fair and controlled.

However, while I support the principle behind the amendment, I have concerns about the rigidity of imposing a legal service standard. What happens when the limit is breached? Would this create a new legal avenue for challenge, further delaying removals and adding yet more strain to the system? The real solution lies not only in faster processing but in reducing the pressures in the first place. While I support the intention behind the proposal, I believe that our priority must remain on addressing the root causes of the pressure and not just on setting ambitious targets that may ultimately prove counterproductive.

We also have some sympathy for Amendment 195. It concerns a matter that this side has raised in relation to other Bills currently going through the House, such as the fraud, error and recovery Bill. When decisions are being taken that greatly affect the life of another person, we need to have some guarantee of human involvement. I therefore welcome this as an opportunity for the Minister to set out how AI will be used in this process.

I turn to the amendments in my name and that of my noble friend. Amendment 201 would compel the Government to produce a report into the cost of providing asylum support. The British people engage with the principle of asylum in good will; they want to see those who are genuinely in need of protection given the support they require. That is a national characteristic of which I am proud. However, part of maintaining that good will is being open and honest about the costs involved. We have all seen what happens when there are information gaps: mistrust grows, narratives fill the space and confidence in the system is undermined; the Government then lose control, and it does not matter what they have done or delivered as it all becomes noise in a vacuum. Our amendment therefore seeks to address that by ensuring that the Government provide a comprehensive report on the cost of providing asylum support. Transparency should not be something that the Government resist; it is a hallmark of good governance.

Finally, Amendment 202 would require the Secretary of State to commission a review of proposals for the establishment of third-country removal centres. We, on this side of the Committee, have been clear that we are facing a massive, escalating and serious problem with illegal entry into the United Kingdom. If Ministers are serious about ending the crisis in the channel, they must be willing to consider the full range of options, and this review will be a vital step towards that.

Taken together, our two amendments are about realism, transparency and ambition: realism in recognising that our current approach is not working; transparency in being honest with the British people about the costs and consequences of our policies; and ambition in being prepared to consider tougher, more effective measures that match the scale of the challenge we face. The public’s patience is wearing thin and their confidence in the system will not be restored by half-measures. These proposals would give the Government the tools, evidence and mandate to act decisively.

[Lord Hanson of Flint (Lab)]

I am grateful to the Liberal Democrat and His Majesty’s loyal Opposition Front Benches for their amendments.

The noble Lord, Lord German, and the noble Baroness, Lady Hamwee, tabled an amendment to introduce a new service standard. I want to thank them for the amendment, as it helpful to look at that. We absolutely agree that there needs to be a properly functioning, effective immigration system. Our asylum processes should be not just efficient but robust. We are committed to ensuring that asylum claims are considered without unnecessary delay. We want to ensure that protection is granted as soon as possible so that people can start to integrate and rebuild their lives, including by obtaining employment when they have the right to do so. As such, I want to provide reassurance of the important steps we are already taking to achieve this aim.

As I have said on a number of occasions, during the passage of the Bill as well as in Questions and Statements, we have inherited a very large backlog, which we are trying to clear at pace. We are delivering the removals of people with no right to be in the UK, and we want to ensure that we restore the system very quickly. By transforming the asylum system, we will clear the backlog of claims and appeals. We have taken steps to speed up asylum processing while maintaining the integrity of the system. We have put in resources to ensure that we can do that at pace. That is why we are also looking at the efficiency of appeals and decisions, which we see to be of paramount importance.

The Bill proposes setting up a statutory timeframe of 24 weeks for the First-tier Tribunal to dispose of supported asylum appeals and appeals from non-detained foreign national offenders. The measures aim to speed up the appeal decisions, to ensure that we increase tribunal capacity and have a timely consideration of appeals. I hope that the noble Lord and the noble Baroness agree with me that the work that we are conducting at pace is appropriate and is having a real impact now on the size of the backlog. Although we cannot discuss the three-month time scale proposed in the amendment, I can reassure them that it is certainly on our agenda.

Amendment 195 from the noble Baroness, Lady Hamwee, looks particularly at generative AI tools to support caseworkers. I want to emphasise that no immigration decision is made solely by automatic decision-making, for there is still always a human eye on the decision-making. It is important that case summarisation and policy search tools, both of which are designed to help decision-makers, mean that we have improvements and efficiency in that process, which is also helping to reduce the backlog, which we want.

We have had an evaluation of the tools to date. We published that on GOV.UK in May. Therefore, we can demonstrate that the new technologies, such as AI, can potentially save around an hour per case, which is allowing decision-makers to access information more easily and to streamline the asylum process without, I hope, compromising the quality of the decisions.

Ethics and data protection are at the forefront of the considerations—the noble Baroness has mentioned that. The Home Office is taking significant steps to ensure that, where we trial and adopt AI in decision-making, we do so responsibly and in a way that maintains public confidence and that any tools are being trialled and are used to assist Home Office staff. With those assurances, I hope that she will not press her amendment.

The noble Baroness also mentioned other issues, which I will return to in a moment.

Amendment 201 from the noble Lord, Lord Davies, addresses ensuring transparency in the asylum system. I hope he will understand that we think the amendment is unnecessary, not because it is not right that he presses us on this, but because, as we have discussed throughout the scrutiny of the Bill, the cost of accommodating and supporting asylum seekers has grown significantly. I have put those proposals before the House as a whole. This is a due in large part to the strain we have had on the asylum system in recent years, including the number of unprocessed claims and a record number of arrivals via small boats. We are taking steps to reduce the cost and ensure public funds are managed responsibly.

I understand the intention behind this amendment; it aims to enhance transparency and provide Parliament with a clear picture of how asylum support is being delivered. But I note that the information that the noble Lord is requesting is published each year in the Home Office’s annual accounts. The figures are publicly available and subject to parliamentary scrutiny, and we remain committed they are as clear and comprehensive as possible.

The amendment seeks a breakdown of the proportion of asylum seekers who have had their claims denied but are still receiving support. It may be helpful to note that failed asylum seekers can, under certain conditions, remain eligible for support, for example if they are taking steps to leave the UK or face temporary barriers. They are all important issues. I appreciate the spirit of the amendment, but that information is already available.

I will touch on this issue briefly, because I have the information on my phone, which will lose its signal and sign out if I do not look at it immediately. On the issue of rewards and bonuses for staff that was mentioned by the noble Baroness, there is a consistent delivery of high-quality work and professional behaviour. We want to ensure that asylum decisions are subject to stringent quality checks, with individual performance targets agreed with managers and reviewed regularly to ensure that the high standards expected are consistently met. I will give her more information about the bonus scheme—as far as I can—after the discussions today.

I should also say, in passing, that all claimants will receive a written transcript of any interview that has taken place, and they can also have an audio recording of that. I hope that reassures the noble Baroness about the issues she has put before me.

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With all that in mind, I hope that these amendments will enable us to understand how the information that has been provided by such a wide range of organisations will enable the Government to look at changing the measures that they currently use and to implement measures, such as those contained in these amendments, both to increase the number of people who voluntarily return to their home who are detained for the purpose of removal and to ensure that we do not have the ins and outs of a continuing cycle of removal and bail in immigration detention, with people going in and out without seeing an end in sight. There is a lot to be dealt with here. A lot of expert independent inspection advice has been given to the Government and made available to both Houses through our Joint Committee on Human Rights and the Home Affairs Committee in the House of Commons. It requires action, which these amendments seek to fulfil in this part of the Bill.

[Lord Davies of Gower (Con)]

My Lords, I shall make my remarks as brief as possible. We on this side of the House oppose Amendment 131 on the grounds that it undermines a key provision of the borders Bill and creates a two-tier system where some people are rightly subject to stricter conditions but others are not. The amendment would, in effect, disapply these provisions from individuals who ought to be subject to them. If these provisions are, as noble Lords rightly recognise, necessary to strengthen our ability to act, then surely they should apply equally to all relevant cases from the moment the Act comes into force.

We on this side also oppose Amendment 132, which would result in the release of people from detention possibly before any determination had been made on them and before we could be assured that it was safe and in the national interest to do so. This would result in the release of people when their identities remained unclear and we did not know why they were here or what threat they might pose to the country. We know of cases where people who arrived here illegally went on to plan and very nearly execute major terrorist attacks sponsored by hostile foreign states, as happened in May last year. It would be deeply irresponsible to allow such individuals to walk free while essential checks were still ongoing.

Amendment 140 in the name of my noble friend Lord Swire, who I note is not present in his place, would require the Secretary of State to make a biannual report on the number of foreign criminals detained awaiting deportation under any authority broken down by nationality, and on the number of illegal entrants detained for any purpose under any authority broken down by nationality. This amendment would provide much-needed clarity on who was being detained and goes to the heart of a point that we on these Benches have raised consistently.

The British people have a right to know who is being detained and where they are from. If we are to foster good will towards those who genuinely need our help, this must be done in a framework of trust and openness between the Government and the public. For these reasons, while we welcome Amendment 140 for the clarity and transparency it brings, we cannot support the majority of the amendments in this group. They would weaken key provisions, create loopholes and make it harder for us to maintain the strength and integrity of our immigration and asylum system.

The challenge we face is significant and demands a robust response. No one will benefit in the long term if we fail to take control now. The British people will lose patience, trust will erode and good will towards migrants who genuinely need our help will diminish. Once that good will is lost, it cannot easily be recovered. We must bring the public with us, not alienate them, and that requires a system that is both strong and fair. These amendments do not achieve that.

[Lord Hanson of Flint (Lab)]

What a note to finish the evening on. I find myself in agreement with the tone of the noble Lord, Lord Davies, and I find myself not in agreement, I am afraid, with the noble Lord, Lord German, so it is an interesting end to a long day of debate.

Immigration detention is an issue that I know noble Lords feel strongly about. The purpose of Clause 41 is to clarify the existing statutory powers of detention where the Home Office is considering whether deportation is conducive to the public good, and the consequential amendments to existing powers to take biometrics and searches upon being detained for this purpose. It is the Home Office’s position that the current detention power is lawful. This clause provides greater legal clarity regarding its application. Without the retrospective effect of this clause, individuals could challenge the lawfulness of their detention. Such claims risk undermining the integrity of past deportation proceedings and frustrating future deportation proceedings.

Amendment 131 in the names of the noble Lord, Lord German, and the noble Baroness, Lady Brinton, seeks to remove that retrospective effect. I do not believe that is a productive way forward because, as I mentioned, Clause 41 clarifies these powers. The Home Office already detains individuals at the first stage of deportation. Clause 41 is not expected to increase the use of detention powers but is intended to remove ambiguity and ensure that existing practices are legally robust.

On Amendment 132, tabled by the noble Lord, Lord German, with support from other noble Lords, it is important to make clear the Government’s position that a statutory time limit on detention will not, in our view, be effective in ensuring that those with no right to be in the UK actually leave the UK. The Government have been clear that we are committed to increasing removals of people who have no right to be here. That is what the public expect and, in that vein, I am on the same page as the noble Lord, Lord Davies.

In the year ending March 2025, there were 8,600 enforced removals—a 22% increase on the previous year—and that would not be possible with a time limit on detention because it would simply not be possible to achieve that level of numbers. It is crucial that we have an immigration system that encourages compliance. Under a 28-day time limit, people who have no legal right to be in the UK—including, as the noble Lord, Lord, Davies, mentioned, some who potentially have committed serious crimes—would be automatically released after 28 days, regardless of whether they have actively obstructed removal efforts or pose a clear risk to the public. We have a duty to protect the British public, and it is simply not safe to have an automatic release date, particularly because foreign national offenders, who may have committed serious criminal offences, would benefit from this amendment equally to anybody else.

Additionally, such a time limit is likely to encourage and reward abuse of the system by allowing those who wish to guarantee their release to frustrate removal processes until they reach that 28-day limit. It would encourage late and opportunistic claims to be made that would potentially push people over the 28-day limit, and this would undermine effective immigration control and potentially place the public at risk.

Amendment 133 requires that, after 96 hours of detention, a person may continue to be detained only if they have been refused bail by the First-tier Tribunal or are awaiting a scheduled bail hearing. This would again, in my view, place significant additional burdens on an already-stretched tribunal service, and the increases would simply be unsustainable.

There are a number of safeguards in the detention process—I hope this will reassure the noble Lord—including access to the courts by judicial review; bail applications, which can be made at any point; and automatic referrals for consideration of bail for those detained for slightly longer periods. With these mechanisms in place, the transfer of these powers to the tribunal is not necessary.

I recognise and understand that there are concerns about prolonged periods of time in detention. The law is currently clear that we have powers to detain people only for a reasonable period to carry out a specific purpose, either to examine a person on their arrival, to remove or to deport. We have a number of safeguards in place, and I assure noble Lords that, where removal cannot be achieved within a reasonable timeframe, these safeguards ensure that people are released. I know that will not satisfy the noble Lord, but I put that for him to consider today in order to withdraw the amendment, which we can return to later.

I know the noble Lord, Lord Swire, has tabled Amendment 140. Sadly, he has not managed to be here this evening, but when he looks at Hansard in the cold light of day tomorrow morning, he will see that we include data which includes illegal entrants. We also produce and publish additional statistics on the number of foreign national offenders subject to removal and deportation, so that amendment is unnecessary. With that, I hope the noble Lord, Lord German, will withdraw his amendment.