Nationality and Borders Bill

(Limited Text - Ministerial Extracts only)

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendment 4G, to which the Commons have disagreed for their Reason 4H.

4H: Because the Commons consider that it is appropriate to provide that a failure to comply with the requirements of section 40(5) of the British Nationality Act 1981 does not affect the validity of a deprivation of citizenship order made before the coming into force of clause 9.

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

My Lords, the world is facing a crisis of migration. An estimated 80 million people are displaced by conflicts and instability around the world. Others seek to move in search of improved economic opportunities. Challenges need solutions, not just complaints about what is proposed.

Managing migration—welcoming and effectively supporting those most in need, while protecting borders and closing down the dangerous business of people-smuggling—is one of the most difficult public policy challenges faced by any Government. Breaking the business model of the people smugglers and managing the flow of people entering this country is one of the most humane things that we can do. The measures in the Bill will allow us to save lives and ensure that we can effectively provide support and care for those who need it most.

I therefore beg to move this House does not insist on your Lordships’ Amendment 4, does agree with the other place in their Amendments 4A to 4F and does not agree to your Lordships’ Amendment 4G.

I start by addressing Amendments 4J and 4K. As I have said to this House, it is very important that in cases where we have already made a decision to deprive, the subsequent deprivation order remains valid and effective to protect the UK from high-harm individuals and to preserve the integrity of the immigration system; that is the purpose of this clause. With respect to the noble Baroness, the Government do not accept that deprivation orders made prior to commencement of the Bill are invalid. We have repeatedly said that we will always try to give notice of deprivation, but in some cases that simply is not possible, for good reasons, which I have outlined during the course of the Bill. Amendment 4J also suggests that we can just make a new order, but that may not always be possible, as, of course, the circumstances in an individual case may have changed.

Amendment 4K seeks to remove one of the safeguards that the Government introduced into Clause 9 in response to earlier concerns raised in your Lordships’ House about the right of redress. Subsection (7) specifically provides the clarity that the right of appeal remains for deprivation decisions made where notice was not given prior to commencement of the Bill, and on the same terms as appeals where notice is given. Deleting this subsection, as Amendment 4K suggests, would therefore remove this safeguard.

I turn to Amendment 20D. I very much welcome the spirit of this amendment, but unfortunately it could still compromise our ability to prosecute people smugglers because it is still open to exploitation from organised crime gangs involved in people-smuggling, who could very easily manipulate circumstances to deliberately endanger migrants’ lives, as they do now, by providing inadequate craft in which to cross the Channel, and then provide their own rescue as a means to avoid prosecution. The clause already provides protections for persons undertaking rescues, which we put in place after listening to the concerns raised in both Houses about rescues undertaken by the RNLI and other independent rescuers. This new amendment would simply add a barrier to successful prosecutions.

I move next to Amendment 25D, which relates to modern slavery. It is too narrow and does not fulfil the aims of the original clause. The amended definition of “public order” does not include all individuals who have been involved in terrorism-related activity or who otherwise pose a risk to national security, or those who have been convicted of serious criminal offences, such as manslaughter, murder, violent acts and sexual offences. I have listened to concerns raised previously and I want to be clear that offences included in the original drafting of Clause 62 are not minor offences, as Parliament agreed back in 2015 when passing Schedule 4 to the Modern Slavery Act. Even where an individual meets the public order definition, the Government have been clear that our approach to the disqualification is discretionary. It is not our intention to carry out a full public order consideration of every individual who enters the NRM, but rather where a specific concern or threat has been identified. I understand the wish to have determining language such as “exceptional” and “genuine” threat in the Bill, but this would no doubt—albeit unintentionally—mean that the public order disqualification would be unworkable in the UK and would continue to leave us unable to remove dangerous individuals, despite there being cases where it is lawful, appropriate and in line with our international obligations to do so. That is why we have previously provided further detail in this House about the proportionate approach that we will take to implement this measure, and clarity on the mitigating factors that will be taken into account as part of a case-by-case approach.

I further reassure noble Lords that although it is right that the Government are able to withhold protections where an individual is a threat to public order regardless of age, as envisioned in our international obligations under ECAT, children’s vulnerabilities are always an essential consideration. We will take particular consideration of the age and maturity of those who are under 18, and of course children have separate protections anyway under the Children Act.

I note the concerns of the noble Lord, Lord Coaker, about how the public order disqualification measure might impact the number of “duty to notify” reports—that is, suspected adult victims of modern slavery who do not consent to enter into the NRM—as the NRM is a consent-based system. Foreign nationals who choose not to be referred into the NRM and are therefore subject to a duty to notify are likely to be already engaged in parallel with the immigration system. Reasonable grounds decisions, conclusive grounds decisions and, in future, public order disqualification decisions will continue to be taken separately from any consideration of an individual’s immigration status.

I want to be clear that first responders should always refer victims into the NRM, in line with modern slavery statutory guidance, using the online form, even when the individual may meet the public order definition. Decisions will then be taken on a case-by-case basis. We are committed to improving the training of first responders to increase awareness of the NRM and ensure that potential victims can make informed decisions about whether to enter the system, and we are supporting that with an improved legal aid offer for victims of trafficking within the Bill.

We recognise that those individuals who have prior convictions may be more frequently targeted by the exploiters. That is why we are taking a proportionate approach to identifying those who are of public order concern. Trained decision-makers will then carefully consider each individual case and take into account mitigating factors, including the nature and seriousness of any offence; the time that has elapsed since the person committed any such offence; whether that offence was committed as part of an individual’s exploitation and the level of culpability attached; and whether an individual is assisting or co-operating with a relevant investigation or prosecution effort. For those reasons, I cannot support the amendment.

I turn briefly to Amendment 26B. The Government’s unshakeable position is that support should be provided on the basis of need, tailored to the individual and their personal circumstances. During the passage of the Bill we have committed that, where necessary, all those who receive a positive conclusive grounds decision and are in need of specific support will receive appropriate tailored support for a minimum of 12 months. What still concerns us about the amendment is that it would move us away from taking an individualised needs-based approach to the provision of support, and we therefore cannot support the amendment.

I hope that, for the reasons I have set out, noble Lords will feel happy not to press their amendments.

Motion A1 (as an amendment to Motion A)

Moved by

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[Baroness Williams of Trafford (Con)]

My Lords, I thank all noble Lords who have spoken succinctly to these groups of amendments. Before concluding, I will directly address the point from the noble Lord, Lord Coaker, about the facilitation offence. I can confirm that we do not intend to refer people for prosecution except in egregious cases. We will assume that they are telling the truth and acting in good faith, unless we can disprove it beyond reasonable doubt.

The noble Lord also asked about modern slavery, public order and those forced into criminality. As I said in my opening speech, we recognise that individuals who have prior convictions may be more frequently targeted by exploiters. That is why we are taking a proportionate approach to identifying those who are of public order concern. Trained decision-makers will then carefully consider each individual case and take into account mitigating factors. These will include the nature and seriousness of any offence, the time that has elapsed since the person committed such an offence, whether the offence was committed as part of an individual’s exploitation and therefore the level of culpability attached, and whether an individual is assisting or co-operating with a relevant investigation or prosecution effort.

I think I have addressed the points that noble Lords have made. Without further ado, I hope that noble Lords will not press their amendments.

[Baroness D'Souza (CB)]

My Lords, it is with a great regret that I beg leave to withdraw Motion A1.

Motion A1 withdrawn.

Motion A agreed.

Motion B

Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendment 5B, to which the Commons have disagreed for their Reason 5C.

5C: Because the Commons consider that Lords Amendment 5B makes unnecessary provision.

[Baroness Williams of Trafford (Con)]

My Lords, I beg to move Motion B that this House do not insist on its Amendment 5B, to which the Commons have disagreed for their Reason 5C. With the leave of the House, I shall also speak to Motions C, D, E, F, G, H and J.

I turn first to Amendment 5D. The Government’s position remains that the provisions of this Bill are compliant with the refugee convention, but I cannot support the amendment, as it strikes at the heart of the constitutional relationship between Parliament and the courts. The convention leaves certain terms and concepts open to a degree of interpretation, which ensures that it can stand the test of time and be applied across many jurisdictions with different legal systems.

There is therefore a need to define and apply such terms in domestic legislation in accordance with the principles of the Vienna convention, taking a good faith interpretation in accordance with the ordinary meaning of the language of the convention. The provisions in Part 2 are in line with this. It is not, therefore, appropriate to require the courts to consider whether the Bill is compatible with our international obligations where Parliament has passed clear and unambiguous provisions. These provisions are clear and unambiguous and are a good faith interpretation of the refugee convention.

The new amendment is not only unnecessary because the contents of Part 2 are fully compliant with our international obligation; it is also contrary to the fundamental purpose of this Bill, which is, where possible, to tightly define the nature of our obligations under the refugee convention while remaining complaint with those obligations to support consistent and accurate decision-making.

Amendments 6D, 6E and 6F are another attempt to alter the effectiveness of the differentiation policy. As we have discussed in great detail during the course of debate on the Bill, to do so would go against one of its fundamental aims, which is to deter people from making dangerous and unnecessary journeys. I am sure that I speak for all Members of the House in saying that we want to see a stop to all such journeys to the UK. These journeys endanger lives and line the pockets of dangerous criminals, both here and abroad.

Turning first to Amendment 6D, it is important to note that Clause 36, which is relevant to the criteria used to differentiate under Clause 11, already provides that an individual may still be treated as having “come directly” even if they stopped in another country outside the United Kingdom, provided they can show that they could not reasonably have been expected to claim asylum in that country. Clause 36 also allows discretion to be exercised in determining whether someone claimed “without delay”, whether that person claimed as soon as it was “reasonably practicable” being a key factor to be considered when assessing these criteria and therefore again being relevant in determining a refugee’s grouping. These provisions already achieve what the amendment is trying to effect, and as such I do not support Amendment 6D, which is not required.

I cannot support Amendment 6E, which seeks to shift the burden of proof in applying Clause 11 on to the Secretary of State. First, I assure noble Lords that my officials are developing detailed guidance for decision-makers to assess the credibility of a person making an asylum claim and, where a claimant qualifies for refugee status, whether they are in group 1 or group 2. The guidance will outline that all claimants will be afforded the opportunity to rebut a provisional decision to identify an individual as a group 2 refugee. As is currently the case, we will continue to support claimants throughout the process to ensure that they are able to present the evidence substantiating their asylum claim, and this includes in relation to whether they are a group 1 or group 2 refugee. Although Home Office officials will continue to provide this support, it is not for the Secretary of State, but instead for the claimant, to demonstrate whether they are a group 1 or group 2 refugee. Therefore, I cannot accept this amendment.

I now turn to amendment 6F, which, I need to be clear, is completely unnecessary. Changes to the Immigration Rules will be made in order to operationalise the differentiated asylum system, as well as other provisions within the Bill. Section 2 of the Asylum and Immigration Appeals Act 1993 already sets out the primacy of the refugee convention in the Immigration Rules. It states:

“Nothing in the immigration rules (within the meaning of the 1971 Act) shall lay down any practice which would be contrary to the Convention.”


I must remind noble Lords that it is our unwavering position that all provisions in Part 2, including Clause 11, are compliant with our obligations under the refugee convention, but Section 2 of the 1993 Act will continue to act as an additional safeguard for policies covered in the Immigration Rules, and as such it does not need to be referenced within the Bill.

The amendment is also unnecessary as the best interests of child already are and will continue to be considered as part of the asylum decision-making process. This is clearly stated throughout our current decision-making guidance and will continue to be clear in upcoming publications. In addition, access to family reunion will be available to all group 1 refugees and group 2 refugees where a refusal would be in breach of their Article 8 ECHR rights, in line with our international obligations.

I turn next to Amendments 7F and 7G. These are nearly identical to previous Amendments 7B and 7C and, like those previous amendments, they would not only reward people who have in many cases arrived illegally in an attempt to undermine our economic migration system but would create enormous operational burdens for the Home Office to implement, very likely—as per the findings of the Government’s review into the policy—leading to a net yearly loss to the department in running costs. I once again reassure noble Lords that the Government want all claims to be settled within six months, so that people can get on with rebuilding their lives, including working. We are making every effort to ensure this is a reality under the wider new plan for immigration. I therefore advise the House that we cannot accept those amendments.

Turning briefly to Amendments 8B and 8C, as I have said many times before and the leader of the Opposition said on Sunday on television, those in need of protection should claim in the first safe country they reach. The first safe country principle is widely recognised internationally and is a fundamental feature of the common European asylum system. By enforcing this part of the Bill, we are taking the battle to the people smugglers, showing them that their horrible business will be made unviable. For this very important reason, we cannot agree to these amendments.

I turn to Amendments 53H to 53L and begin by addressing the announcement made by the Prime Minister recently. As noble Lords are aware—in fact, we discussed it yesterday—we have now entered into the UK and Rwanda migration and economic development partnership. This ground-breaking partnership addresses the international challenge of irregular migration by disrupting the business model of organised crime gangs and deterring migrants from putting their lives at risk. Those making dangerous, illegal or unnecessary journeys to claim asylum in the UK may now be relocated to Rwanda, where their claims will then be processed.

I should be clear that the objective of the UK-Rwanda partnership is to create a mechanism for the relocation of individuals whose claims are not being considered by the UK—the inadmissible—to Rwanda. In future, we may want to extend eligibility for overseas processing to those who have otherwise abused the UK’s asylum system, beyond undertaking dangerous or unnecessary journeys. That is the intention of this measure, which will make it easier for us to remove those who have pending asylum claims to another country for their claims to be processed.

At this point, I should say something about the partnership agreement. It is in full compliance with domestic and international law. Rwanda is a state party to the 1951 UN refugee convention and the seven core UN human rights conventions, with a strong history of supporting refugees. I would encourage noble Lords, if they have not already done so, to read the memorandum of understanding underpinning the UK-Rwanda partnership, which contains many of the assurances that they are looking to receive through these amendments. Not only that, but the MoU makes clear that these assurances will be monitored by a monitoring committee independent of the Governments of both the UK and Rwanda. This committee will have unfettered and unannounced access to relevant records, locations, officials and whatever else it needs to complete its assessments.

Much has been made, and was made in your Lordships’ House yesterday, of how this arrangement is underpinned by an MoU rather than a treaty. An MoU is a standard arrangement between states. By way of example, in 2019, the UNHCR and the African Union signed an MoU with Rwanda to establish an emergency transit mechanism; this partnership facilitates the relocation of refugees and asylum seekers from the conflict zones in Libya to the safety of Rwanda. The UNHCR recently extended this MoU, which will now run until 31 December next year. There is nothing novel, unusual or untoward about underpinning this arrangement with an MoU, the terms and monitoring mechanism of which give us the assurances we need to operate this arrangement safely and in line with our international obligations.

Outside the partnership, noble Lords need look no further than the safety criteria set out in these measures to be assured that we will only ever remove someone whose asylum claim is pending to a safe third country where it is in accordance with the refugee convention and the European Convention on Human Rights. Everyone considered for relocation will be screened, interviewed and have access to legal advice. Decisions will be taken on a case-by-case basis, and nobody will be removed if it is unsafe or inappropriate for them.

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[Lord Coaker (Lab)]

I turned around then because thought I was back in the Commons being heckled. That is why these amendments are so important.

Very briefly, on Motion C1, in the name of the noble Lord, Lord Kerr, and my Motion J1, which essentially deal with the same thing—the offence of arrival and the differential treatment—the Government and the Commons have failed to answer how on earth anybody can claim asylum in this country if they arrive here through an irregular route. They cannot; they are automatically assumed to be illegal. We are saying to the Government: surely that cannot be right.

Nobody wants unlimited irregular migration, but without Motion C1 or Motion J1 we are essentially saying in this Bill that Uighurs, Christians fleeing persecution and people from Ukraine or any of the hot spots of the world who come to this country are criminalised and are second-class refugees. Is that what we really want? On something as fundamental as that, we are perfectly entitled to turn around to the Government and ask, “Are you sure you’ve got that right? Is that what you really want?”. If in the end they say yes, as I suspect they will, of course we will have reluctantly to give way, but do we really want to say that a Ukrainian being bombed and fleeing on 3 January or whenever the illegal Russian invasion started—it applies from 1 January—who arrives in this country without a visa, a passport and the proper papers is illegal and a second-class refugee? Is that right? All the amendments from the noble Lord, Lord Kerr, and me seek to do is to ask, “Do you not need to think again on that?”. I suggest that they do.

The right reverend Prelate’s amendment essentially deals with safe and legal routes and the importance of what we have seen with respect to Rwanda. We saw in the Private Notice Question yesterday and the short remarks made today that there should have been a full and fundamental debate about Rwanda and the rights and wrongs of that policy. Rather than seeking workable safe return agreements with our closest neighbours, which we have successfully used in the past, the Government have instead spent millions of pounds press-releasing a deal that the Civil Service could not even sign off as being value for money. That is what we are being asked to accept and what Motion F1 on offshoring, in the name of the right reverend Prelate, seeks to deal with.

In closing, so that people get the gist that I support the amendments—I think we are right in sending a few back, if we and other noble Lords are lucky enough to get a majority in this House—I will speak to my noble friend Lady Chakrabarti’s amendment. The noble Lord, Lord Pannick, and some other noble Lords have supported Motion B1. What I am going to read is so important; it speaks for itself. The Government say the Bill conforms to the refugee convention. Motion B1 is saying, “Let’s put that in the Bill, then”. Why is this so important? It is because this country flies in the face of what the UNHCR said. I will read the paragraph. I hope noble Lords will bear with me while I read this, then I will finish. The UNHCR said:

“The Nationality and Borders Bill follows almost to the letter the Government’s New Plan for Immigration Policy Statement, issued on 24 March 2021, in some cases adding further restrictions on the right to claim asylum and on the rights of refugees. UNHCR must therefore regretfully reiterate its considered view that the Bill is fundamentally at odds with the Government’s avowed commitment to upholding the United Kingdom’s international obligations under the Refugee Convention and with the country’s longstanding role as a global champion for the refugee cause.”


That is why Motion B1 is so important, why the noble Lord, Lord Pannick, and other noble Lords have made the remarks they have, and why my noble friend Lady Chakrabarti has moved this Motion. The UNHCR has said that our global reputation is at risk. That is why we should ask the House of Commons to think again, and we are perfectly entitled to do so.

[Baroness Williams of Trafford (Con)]

My Lords, I join other noble Lords in wishing the noble Lord, Lord Hacking, a very happy 50th anniversary of his maiden speech. I do not think I will be here on the 50th anniversary of my maiden speech; my family will not let me.

Yes, people have taken longer in this debate than they might have. It is an incredibly important Bill, so I do not accuse my noble friend Lord Horam of being long and rambling. As is the convention of your Lordships’ House, everyone has a right to have their say. In my time I have listened to many a long and rambling speech and managed to keep a smile on my face, so I think we all should.

I will first talk to the points made by the noble Baroness, Lady Lister, supported by my noble friend Lady Stroud, on the cost of the right-to-work amendment. We have carefully considered all the evidence put forward on the issue, and the financial assumptions made by the Lift the Ban report are not supported by our findings. They are optimistic and do not reflect the nuanced reality of asylum seeker employment. To the extent that there would be any savings at all—that is doubtful—they are likely, in all cases, to come with a loss to the Home Office stemming from operating a more relaxed policy. There are a number of operational challenges, but the main ones relate to the likely need for many asylum seekers either to transition in and out of support while working, due to the nature of low-paid transitory jobs, or to continue to be supported while working. This would mean that savings on support payments would be extremely limited, while setting up and maintaining a system to calculate adjustments to such payments as wages rise and fall, week to week and month to month, would be complex and costly.

As a result, the Government’s view is that our resources would be better deployed in reforming the end-to-end asylum system and reducing unfounded intake, thereby resulting in faster decisions and genuine refugees being able to work and integrate more quickly. My noble friend and I agree on the ends, just not on the means to get there.

I turn next to the speech made by the right reverend Prelate the Bishop of Manchester. I repeat that the UK is a global leader in resettlement. We have provided a route to resettlement for more than 100,000 people.

On the refugee convention, as my noble and learned friend Lord Mackay of Clashfern said, the Attorney-General has signed off this Bill. We maintain that our policy complies fully with our international obligations and is a good faith interpretation in line with the Vienna convention. As the noble Lord, Lord Kerr, said, the Vienna convention is not intended to be a free-for-all; there are parameters in it. Where the terms of the refugee convention are open to some interpretation, there may of course be more than one good faith, compatible interpretation. I notice that the noble Lord is shaking his head—I never expected him to agree with me—but that is our view. My noble friend Lord Wolfson has set out at great length his view on the refugee convention.

The noble Lord, Lord Pannick, challenges me to make the statement that we do not think it complies but are doing it anyway; he will not be surprised that I am not going to do that. The noble Lord, Lord Paddick, said it is for the courts to decide our interpretation. No, it is for Parliament.

In response to the speech made by my noble friend Lord Hailsham, supported by my noble friend Lord Cormack, I reiterate that these amendments would go significantly beyond existing legislation, which has of course been in place for decades.

The noble Lord, Lord Dubs, asked me to confirm that there will be a chance to debate the Rwanda partnership in both Houses before any individual is removed. There has already been significant debate on the partnership in a Statement by the Home Secretary, in Commons Questions, in a PNQ and again in this House today. I know there will be many more opportunities to debate this.

The noble Lord, Lord Dubs, also asked about family reunion. As I have said to him on many occasions, those with family links in the UK who want to be considered for entry to the UK should seek to do so via legal and safe routes. No one should put their life into the hands of criminals by making dangerous and irregular journeys. I assure the noble Lord that access to family reunion will be available to all group 1 and group 2 refugees where a refusal would breach their Article 8 rights, in line with our international obligations.

My noble friend Lord McColl and the noble Lord, Lord Paddick, asked how the Rwanda partnership would apply to victims of modern slavery. Decisions on the partnership will be taken on a case-by-case basis and nobody will be relocated if it is unsafe or inappropriate for them. Everyone considered for relocations will be screened, interviewed and have access to legal advice. The provision in the MoU ensures that Rwanda supports everyone who is transferred. Again, I reassure noble Lords that we will only ever act in line with our commitments under our international legal obligations, including those that pertain to potential and confirmed victims of modern slavery.

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18:06

Division 1

Ayes: 244

Noes: 219

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Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendment 6B, to which the Commons have disagreed for their Reason 6C.

6C: Because the Commons consider that it is possible to accord different treatment to refugees depending on whether they have complied with the criteria set out in clause 11 in a way which is compliant with the Refugee Convention.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion C, so I beg to move.

Motion C1 (as an amendment to Motion C)

Moved by

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18:23

Division 2

Ayes: 227

Noes: 219

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Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendments 7B and 7C, to which the Commons have disagreed for their Reasons 7D and 7E.

7D: Because the Commons consider that asylum-seekers (save in limited circumstances) and their adult dependants should not be permitted to work while a decision on their claim for asylum is pending, even for a trial period of 4 years.

7E: Because it is consequential on Lords Amendment 7B to which the Commons disagree.

[Baroness Williams of Trafford (Con)]

I have already spoken to Motion D, so I beg to move.

Motion D1 (as an amendment to Motion D)

Moved by

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18:37

Division 3

Ayes: 220

Noes: 219

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Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendments 8B and 8C, to which the Commons have disagreed for their Reasons 8D and 8E.

8D: Because the Commons do not consider it appropriate that the commencement of clause 15 should be dependent on the conclusion of international agreements with other States, even for a period of 5 years.

8E: Because it is consequential on Lords Amendment 8B to which the Commons disagree.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion E, so I beg to move.

Motion E agreed.

Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendments 53B, 53C and 53D, to which the Commons have disagreed for their Reasons 53E, 53F and 53G.

53E: Because the Commons do not consider it necessary for a safe State to be prescribed by order before persons can be removed there, or for the ability to remove a person to a safe State to be dependent on the laying before Parliament of the costs of arrangements made with a safe State.

53G: Because it is consequential on Lords Amendment 53B to which the Commons disagree.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion F, so I beg to move.

Motion F1 (as an amendment to Motion F)

Moved by

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18:51

Division 4

Ayes: 216

Noes: 221

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Motion G

[Baroness Williams of Trafford]

Moved by

That this House do not insist on its Amendment 10B, to which the Commons have disagreed for their Reason 10C.

10C: Because it would alter the financial arrangements made by the Commons, and the Commons do not offer any further reason, trusting that this Reason may be deemed sufficient.

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[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion G and I beg to move.

Motion G agreed.

Motion H

[Baroness Williams of Trafford]

Moved by

That this House do not insist on its Amendment 11B, to which the Commons have disagreed for their Reason 11C.

11C: Because the Commons consider that requiring a numerical target for the resettlement of refugees to the United Kingdom each year is neither necessary nor appropriate.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion H and I beg to move.

Motion H1 not moved.

Motion J

[Baroness Williams of Trafford]

Moved by

That this House do not insist on its Amendment 13B, to which the Commons have disagreed for their Reason 13C, or on its Amendment 15, to which the Commons have insisted on their disagreement.

13C: Because the Commons do not consider that it is appropriate to replace the proposed offence of knowingly arriving in the United Kingdom without valid entry clearance where it is required with an offence of knowingly arriving in breach of a deportation order.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion J and I beg to move.

Motion J1 (as an amendment to Motion J)

[Lord Coaker]

Moved by

At end insert “and do propose Amendment 13D as an amendment in lieu and Amendment 13E as a consequential amendment—

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19:06

Division 5

Ayes: 205

Noes: 225

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Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendment 20B, to which the Commons have disagreed for their Reason 20C.

20C: Because the Commons consider that the offence of facilitating the entry of an asylum seeker into the United Kingdom should be capable of prosecution whether or not the defendant has a reasonable excuse for doing so.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion K, and I beg to move.

Motion K1 (as an amendment to Motion K)

Moved by

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19:19

Division 6

Ayes: 112

Noes: 224

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Moved by

[Baroness Williams of Trafford]

That this House do not insist on its Amendment 25B, to which the Commons have disagreed for their Reason 25C.

25C: Because the Commons consider that limiting the circumstances in which a competent authority can disqualify an identified potential victim of slavery or human trafficking from protection in the manner proposed would prevent the disqualification of persons who are a threat to public order and whom the United Kingdom is permitted to disqualify under the terms of the Trafficking Convention.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion L. I beg to move.

Motion L1 (as an amendment to Motion L)

Moved by

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19:32

Division 7

Ayes: 196

Noes: 222

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Motion M

[Baroness Williams of Trafford]

Moved by

That this House do not insist on its Amendment 26B, to which the Commons have disagreed for their Reason 26C.

26C: Because it would involve a charge on public funds, and the Commons do not offer any further reason, trusting that this Reason may be deemed sufficient.

[Baroness Williams of Trafford (Con)]

My Lords, I have already spoken to Motion M. I beg to move.

Motion M agreed.