Border Security, Asylum and Immigration Bill

Lord Pannick Excerpts

Report stage
Tuesday 11th November 2025 Lords Chamber

[Lord Harper (Con)]

My Lords, I rise briefly to support the amendments put down by my noble friend Lord Davies. I will focus in particular on proposed new subsection (2)(b) in his Amendment 65, which would make it clear that, if someone does not come directly to the UK from a country in which they were threatened, they are not covered by the refugee convention. I strongly support that and we have debated it earlier on this Bill.

It may or may not surprise your Lordships to know that it is also the view of the Government. In a letter that the noble Lord, Lord Katz, sent to the noble Baroness, Lady Chakrabarti, following our debate in Committee on Monday 13 October, in response to suggestions she made in her amendments, he said that the refugee convention

“is quite clear about the need for migrants to ‘come directly’ to benefit from the protections it affords them. In reality, not a single small boat that has reached the UK has set out from a dangerous country where migrants could not be reasonably expected to claim asylum. France, Belgium and the Netherlands are all signatory to the Convention and are entirely safe countries with functioning asylum systems of which migrants are able to avail themselves”.

I could not agree more with the Minister in that interpretation of the refugee convention, which is effectively what my noble friend has set out in his amendment. Given that the Government’s view is that Article 31 of the refugee convention should be interpreted narrowly in that sense, I hope the Minister will support my noble friend’s amendments and, even if he feels that something in their drafting is not absolutely spot on, he will none the less come forward at Third Reading with an amendment that would correct the drafting and put into statute the sentiments set out in that letter, with which I entirely agree.

[Lord Pannick (CB)]

My Lords, it is all very well saying that people who have come from a safe third country are not entitled to asylum here. That is the law; there is no doubt about that. The difficulty is in removing such people. These amendments provide no assistance in relation to that. People who have come here from France and Belgium, which are of course safe countries, cannot be removed to those countries—those countries will not have them back, other than under the scheme that the Government have agreed with France. So they cannot be removed there.

They are also not to be given asylum under these amendments, so are they to be removed to their own country? Are we really going to remove people who have arrived here unlawfully to countries where they face persecution? That seems intolerable to me. The problem is not saying that these people are not entitled to asylum; the problem is removing them from this country and these amendments make no contribution to that.

[Lord German (LD)]

I strongly support that intervention. The noble Lord, Lord Harper, referred to his interpretation of the letter. I prefer to rely on Section 31 of the Immigration and Asylum Act 1999, which I am sure the noble Lord, Lord Katz, will refer to later, as the defence against the offence that he allegedly conducted in his letter.

These amendments target asylum and modern slavery claims made by those who have entered the UK irregularly. They risk compounding injustice and playing directly into the hands of the very criminals we seek to defeat. First, focusing on restriction of access to modern slavery protections for individuals, particularly those identified as illegal entrants, risks undermining the UK’s reputation for compliance with our international obligations, notably with the Council of Europe Convention on Action against Trafficking. We must remember that victims of trafficking are frequently coerced into criminal activity and that extending disqualification criteria or imposing restrictions disproportionately affects genuine survivors of modern slavery.

Secondly, if these amendments aim to limit the judicial scrutiny of claims made by irregular arrivals seeking protection, they threaten the balance of fairness that underpins our legal system. Any such attempt would introduce legal uncertainty and risks violating individual human rights. Asylum legislation and decision-making must prioritise the principles of compliance with human rights obligations. We resist the temptation to craft legislation based on a political narrative that disregards the plight of those fleeing persecution and violence.

We must focus finite resources on those who truly need our help: the victims of torture, persecution, war and trafficking. For these reasons, based on principles of compassion, international compliance and operational effectiveness against criminal exploitation, we reject these amendments.