Nationality and Borders Bill

(Limited Text - Ministerial Extracts only)

3rd reading
Monday 14th March 2022 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, before we move on, I will make some remarks about devolution and this Bill. I begin by placing on record my thanks to the devolved Administrations for their engagement at both official and ministerial level.

The majority of the Bill’s provisions apply across the UK. Some clauses extend only to England and Wales because the relevant policy areas relate to matters that are devolved in Scotland and Northern Ireland. These are: civil legal services; arrangements for prisoners who are liable to removal from the United Kingdom; and some specific measures relating to support for potential victims of modern slavery.

I want to be clear that, in the view of the UK Government, the provisions of the Bill that have UK-wide application relate strictly to reserved matters. This means that none of the Bill’s provisions engage the legislative consent process. We have therefore not sought legislative consent from the devolved legislatures.

I advise your Lordships’ House that the Scottish Parliament has approved a Motion, lodged by the Scottish Government, to withhold legislative consent in respect of specific measures relating to age assessment and modern slavery. But it is the view of the UK Government that these measures relate strictly to reserved matters and therefore did not engage the legislative consent Motion process and do not require legislative consent.

The Senedd Cymru has also approved a Motion, lodged by the Welsh Government, to withhold legislative consent in respect of specific measures relating to age assessment and to powers to make consequential provisions. Again, in the view of the UK Government, these measures relate to reserved matters and therefore did not engage the legislative consent Motion process and do not require legislative consent.

For the sake of completeness, I will say that the Northern Ireland Executive has not lodged a Motion relating to the Bill in the Northern Ireland Assembly.

We look forward to continued engagement with the devolved Administrations as we move to operationalise the Bill and the wider new plan for immigration.

Clause 44: Illegal entry and similar offences

Amendment 1

Moved by

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[The Lord Bishop of Durham]

My Lords, I support all the amendments because they all seem to make complete sense in terms of tidying up, including those in the Government’s name. I too was disturbed by the announcement about the devolved legislatures—it expresses the deep unease about the Bill out in the country as a whole. I ask the Minister to take away from this House a real concern that this is not the right time to press ahead and that Ukraine has raised questions about the Bill and whether some kind of pause ought to be considered.

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Rosser, for outlining his points. I will start with the government amendments, which are two tidying-up amendments for consideration by your Lordships’ House. The first is a minor drafting amendment to Clause 47, which relates to working in United Kingdom waters. The amendment removes a definition of the term “United Kingdom waters” from the clause. This definition is superfluous as the term is not actually used in the Bill. The amendment therefore helps to clarify Clause 47, so I commend it to your Lordships’ House.

The second amendment is necessary to resolve a problem that has arisen in connection with Schedule 2 to the Bill. This schedule relates to deprivation of citizenship. Its inclusion in the Bill was agreed when noble Lords voted to accept amendments on this topic moved on Report by the noble Lord, Lord Anderson of Ipswich. The problem obviously arises because after agreeing the amendments from the noble Lord, Lord Anderson, your Lordships’ House then voted to remove the substantive deprivation of citizenship clause from the Bill. In consequence, the noble Lord’s amendments were also removed and the schedule was left as an orphan, with no clause to establish it as part of the Bill. I have therefore given notice of my intention to oppose the question that Schedule 2 be the second schedule to the Bill, to ensure that the Bill is consistent.

I also note the 11 tidying-up amendments tabled by the noble Lord, Lord Coaker, and my noble friends Lord McColl of Dulwich and Lady Stroud. The Government will not oppose these amendments, but we will doubtless return to consider both them and the substantive clauses they amend at ping-pong. May I just say something about my noble friend Lord McColl? I had noticed that he did not seem very well recently, and I am sure the whole House will join me in wishing him a speedy recovery.

[Noble Lords]

Hear, hear!

[Baroness Williams of Trafford (Con)]

On the question from the noble Lord, Lord Alton, about a modern slavery Bill, I say: as soon as parliamentary time allows. I cannot give an exact date to the noble Lord. As for guidance being available before ping-pong, I will certainly let him know the intended timetable for the guidance.

On the point about the LCM for Scotland, Wales and Northern Ireland, the provisions of the Bill that have Ukraine-wide application are strictly reserved matters but I say to noble Lords that officials will continue to engage on the specifics of operationalisation.

Amendment 1 agreed.

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Moved by

[Baroness Williams of Trafford]

7: Clause 47, page 47, line 2, leave out “and “United Kingdom waters” have” and insert “has”
Member’s explanatory statement
This is a minor drafting amendment to remove a definition of a term not used in inserted section 11B of the Immigration Act 1971.

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Moved by

[Baroness Williams of Trafford]

11: Schedule 2, leave out Schedule 2
Member’s explanatory statement
Schedule 2 was inserted by amendment at Report Stage, but was introduced by what was then Clause 9, which was then removed from the Bill. The Schedule now has nothing in the Bill to introduce it, and the provisions in it are wholly dependent on the amendments to the British Nationality Act 1981 that were made by Clause 9: it does not make sense on its own.

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Moved by

[Baroness Williams of Trafford]

That the Bill do now pass.

[Baroness Williams of Trafford (Con)]

My Lords, if I may, I will just detain the House a little longer to mark the end of this Bill’s passage through your Lordships’ House. It has been very wide-ranging. It has had five thorough days in Committee and three days on Report. During this time, in response to the terrible situation in Ukraine, we have added important measures to the Bill which introduce new visa penalty provisions for countries posing a risk to international peace and security. I was very pleased to see support for these measures across the House.

I was not so pleased, though, by the removal of some important measures, the aim of which was to find a long-term solution to long-term problems in our asylum and illegal migration systems which successive Governments have faced over decades. Those amendments will now be considered in the other place and no doubt we will debate them soon.

Notwithstanding that, I want to take this opportunity to recognise the contributions of those who have supported me in steering the Bill through the House. In particular, I thank my noble and learned friend Lord Stewart of Dirleton, my noble friend Lord Wolfson of Tredegar and my commendable noble friend Lord Sharpe of Epsom for sharing the load from the Front Bench.

I also express my thanks to all noble Lords who stayed up very late on a number of occasions and thank Members on the Front Bench opposite for their engagement on the Bill, accepting that there have been some areas of disagreement between us. I thank in particular—because I cannot thank everyone—the noble Lords, Lord Coaker, Lord Rosser, Lord Paddick and Lord Anderson of Ipswich, and the noble Baroness, Lady Hamwee.

I also extend my thanks to officials at the Home Office and the Ministry of Justice, as well as lawyers and analysts, not only in those two departments but across government. On my behalf and my ministerial colleagues’, I extend our thanks and appreciation to all of them for their professionalism over the past months. I also thank the teams in our respective private offices.

There should be no doubt about the merits of the Bill’s ultimate objectives, namely to increase the fairness and efficacy of our system, to deter illegal entry into the UK and to remove more easily from the UK those with no right to be here. That is what the British people voted for, it is what the British people expect and it is what the Government are trying and determined to deliver. In view of the crises now confronting our world, it is surely now more important than ever that the Bill moves swiftly to become law. On that note, I beg to move that the Bill do now pass.

[Lord Rosser (Lab)]

I will not detain the House for long but I think that I ought to say a few words; first, to thank the Minister, in particular, for the number of meetings that I know she has held—I suspect that she has lost count—and her willingness to respond in writing and in some detail on issues that have been raised, which is certainly appreciated. I also thank the noble Lords, Lord Wolfson of Tredegar and Lord Sharpe of Epsom. I will not comment too much about people who stayed late since I probably fell rather short in that regard myself. Some of us made sure we left in time to get last trains, but not everybody did.