Borders and Asylum

Tuesday 2nd September 2025 Lords Chamber

Statement

The following Statement was made in the House of Commons on Monday 1 September.

“With permission, I will update the House on the actions we are taking with France to strengthen our border security and the next steps in our reforms to the asylum system.

The House will be aware that when we came into government, we found an asylum and immigration system in chaos: for seven years, small boat gangs had been allowed to embed their criminal trade along the French coast; the asylum backlog was soaring; and illegal working was being ignored. The previous Government had lost control of the system and, as a result, opened many hundreds of asylum hotels across the country, while returns were a third lower than in 2010. Before leaving office, they deliberately cut asylum decision-making by 70%, leaving behind a steeply rising backlog. It is little wonder that people across the country lost confidence in the system and demanded to know why they were paying the price of a system that was so out of control.

However, that does not mean that people rejected the long and proud history of Britain doing our bit to help those fleeing persecution or conflict—including, in the past decade, families from Ukraine, Syria and Hong Kong. It is the British way to do our bit alongside other countries to help those who need sanctuary. However, the system has to be controlled and managed, based on fair and properly enforced rules, not chaos and exploitation driven by criminal smuggler gangs. It is exactly because of our important tradition that substantial reforms are needed now.

In our first year in government, we have taken immediate action, laying the foundations for more fundamental reform. We restored asylum decision-making and then rapidly increased the rate of decisions. Had we continued with the previous Government’s freeze on asylum decisions, thousands more people would have been in hotels and asylum accommodation by now. Instead, we removed 35,000 people with no right to be here, which included a 28% increase in returns of failed asylum seekers and a 14% increase in removals of foreign criminals. We have increased raids and arrests on illegal working by 50%, and we cut the annual hotel bill by almost £1 billion in the last financial year. We are rolling out digital ID and biometric kits so that immigration enforcement can check on the spot whether someone has a right to work or a right to be in the UK. On channel crossings and organised immigration crime, we are putting in place new powers, new structures and new international agreements to help to dismantle the criminal industry behind the boats.

I want to update the House on the further steps we are now taking. In August, I signed the new treaty with France, allowing us, for the first time, to directly return those who arrive on small boats. The first detentions—of people immediately on arrival in Dover—took place the next day, and we expect the first returns to begin later this month. Applications have been opened for the reciprocal legal route, with the first cases under consideration, subject to strict security checks. We have made it clear that this is a pilot scheme, but the more that we prove the concept at the outset, the better we will be able to develop and grow it.

The principles that the treaty embodies are crucial. No one should be making these dangerous or illegal journeys on small boats; if they do, we want to see them swiftly returned. In return, we believe in doing our bit alongside other countries to help those who have fled persecution, through managed and controlled legal programmes.

This summer we have taken further action to strengthen enforcement against smuggling gangs. France has reviewed its maritime approach to allow for the interception of taxi boats in French waters, and we will continue to work with France to implement the change as soon as possible. In the past year, the National Crime Agency has led 347 disruptions of immigration crime networks—its highest level on record, and a 40% increase in a year.

Over the summer, we announced a £100 million uplift in funding for border security and up to 300 more personnel in the National Crime Agency focusing on targeting the smuggler gangs. The Border Security, Asylum and Immigration Bill will give them stronger powers: counterterrorism powers against smuggler gangs, powers to seize and download the mobile phones of small boat arrivals, and the power to ban sex offenders from the asylum system altogether. If opposition parties work with us to speed the passage of the Bill through the other place, instead of opposing it, those powers could be in place within months, making our country safer and more secure.

Let me turn to the major reforms that are needed to fix the broken asylum system that we inherited. Although we have increased decision-making and returns, the overall system remains sclerotic, outdated and unfair. As we committed to in the immigration White Paper, we will shortly set out more radical reforms to modernise the asylum system and boost our border security. We will be tackling the pull factors, strengthening enforcement, making sure that people are treated fairly and reforming the way that the European Convention on Human Rights is interpreted here at home. We will be speeding up the system, cutting numbers and ending the use of hotels, and developing controlled and managed routes for genuine refugees.

At the heart of the reforms will be a complete overhaul of the appeals system—the biggest obstacle to reducing the size of the asylum system and ending hotel use. Tens of thousands of people in asylum accommodation are currently waiting for appeals, and under the current system that figure is to grow, with an average wait time already of 54 weeks. We have already funded thousands of additional sitting days this year, and the border security Bill will introduce a statutory timeframe of 24 weeks.

However, we need to go further. We will introduce a new independent body to deal with immigration and asylum appeals. It will be fully independent of government and staffed by professionally trained adjudicators, with safeguards to ensure high standards. It will be able to surge capacity as needed and to accelerate and prioritise cases, alongside new procedures to tackle repeat applications and unnecessary delays. We are also increasing detention and returns capacity, including a 1,000-bed expansion at Campsfield and Haslar, with the first tranche of additional beds coming online within months, to support many thousands more enforced removals each year.

Our reforms will also address the overly complex system for family migration, including changes to the way that Article 8 of the ECHR is interpreted. We should be clear that international law is important. It is because other countries know that we abide by international law that we have been able to make new agreements with France, to return people who arrive on small boats, and with Germany, to stop the warehousing of small boats by criminal gangs, and it is why we have been able to explore return hubs partnerships with other European countries. However, we need the interpretation of international law to keep up with the realities and challenges of today’s world.

There is one area where we need to make more immediate changes. The current rules for family reunion for refugees were designed many years ago to help families separated by war, conflict and persecution, but the way they are used has now changed. Even just before the pandemic, refugees who applied to bring family to the UK did so on average more than one or two years after they had been granted protection, which was long enough for them to get jobs, find housing and be able to provide their family with some support. In Denmark and Switzerland, those who are granted humanitarian protection are currently not able to apply to bring family for at least two years after protection has been granted.

However, in the UK those family applications now come in, on average, around a month after protection has been granted, often even before a newly granted refugee has left asylum accommodation. As a consequence, refugee families who arrive are far more likely to seek homelessness assistance. Some councils are finding that more than a quarter of their family homelessness applications are linked to refugee family reunion. That is not sustainable. Currently, there are also no conditions on family reunion for refugee sponsors, unlike those in place if the sponsor is a British citizen or long-term UK resident. That is not fair.

The proportion of migrants who have arrived on small boats and then applied to bring family has also increased sharply in recent years, with signs that smuggler gangs are now able to use the promise of family reunion to promote dangerous journeys to the UK. We continue to believe that families staying together is important, which is why we will seek to prioritise family groups among the applicants to come to Britain under our new deal with France, but reforms are needed. So in our asylum policy statement later this year, we will set out a new system for family migration, including looking at contribution requirements, longer periods before newly granted refugees can apply, and dedicated controlled arrangements for unaccompanied children and those fleeing persecution who have family in the UK.

We aim to have some of those changes in place for the spring but, in the meantime, we need to address the immediate pressures on local authorities and the risks from criminal gangs using family reunion as a pull factor to encourage more people on to dangerous boats. Therefore, this week we are bringing forward new immigration rules to temporarily suspend new applications under the existing dedicated refugee family reunion route. Until the new framework is introduced, refugees will be covered by the same family migration rules and conditions as everyone else.

Let me turn next to the action we are taking to ensure that every asylum hotel will be closed for good under this Government, not just by shifting individuals from hotels to other sites but by driving down the numbers in supported accommodation overall, and not in a chaotic way through piecemeal court judgments, but through a controlled, managed and orderly programme: driving down inflow into the asylum system, clearing the appeals backlog, which is crucial, and continuing to increase returns. Within the asylum estate, we are reconfiguring sites, increasing room sharing, tightening the test for accommodation and working at pace to identify alternative, cheaper and more appropriate accommodation with other departments and with local authorities. We are increasing standards and security and joint public safety co-operation between the police, accommodation providers and the Home Office to ensure that laws and rules are enforced.

I understand and agree with local councils and communities which want the asylum hotels in their communities closed, because we need to close all asylum hotels—we need to do so for good—but that must be done in a controlled and orderly manner, not through a return to the previous Government’s chaos that led to the opening of hotels in the first place.

Finally, let me update the House on the continued legal and controlled support that we will provide for those facing conflict and persecution. We will continue to do our bit to support Ukraine, extending the Ukraine permission extension scheme by a further 24 months, with further details to be set out in due course. We are also taking immediate action to rescue children who have been seriously injured in the horrendous onslaught on civilians in Gaza so that they can get the health treatment they need. The Foreign Secretary will update the House shortly on the progress to get those children out.

I confirm that the Home Office has put in place systems to issue expedited visas with biometric checks conducted prior to arrival for children and their immediate accompanying family members. We have done the same for all the Chevening scholars and are now in the process of doing so for the next group of students from Gaza who have been awarded fully funded scholarships and places at UK universities so that they can start their studies in autumn this year. Later this year, we will set out plans to establish a permanent framework for refugee students to come and study in the UK so that we can help more talented young people fleeing war and persecution to find a better future, alongside capped and managed ways for refugees to work here in the UK.

The Government are determined to fix every aspect of the broken system we inherited and to restore the confidence of the British people, solving problems, not exploiting them, with a serious and comprehensive plan, not fantasy claims based on sums that do not add up or gimmicks that failed in the past. What we will never do is seek to stir up chaos, division or hate, because that is not who we are as a country, and that is not what Britain stands for.

This is a practical plan to strengthen our border security, to fix the asylum chaos and to rebuild confidence in an asylum and immigration system that serves our national interests, protects our national security and reflects our national values. When we wave the union flag, when we wave the St George’s flag, when we sing ‘God Save the King’ and when we celebrate everything that is great about Britain and about our country, we do so with pride because of the values that our flags, our King and our country represent: togetherness, fairness and decency, respect for each other and respect for the rule of law. That is what our country stands for. That is the British way to fix the problems we face. I commend this Statement to the House”.

19:16

[Lord Davies of Gower (Con)]

My Lords, the wave of protests over the summer in opposition to the continuing use of hotels to house asylum seekers has evidently forced the Government’s hand. They have now been in office for over a year and, unfortunately, the situation at the border has deteriorated. We have seen some 29,300 people cross the channel in small boats to gain unlawful entry into the UK since Labour took office—the highest ever figure.

Regrettably, the Home Secretary did not offer an explanation yesterday as to why she thinks these figures have increased. Might I suggest to the Minister that the reason illegal crossings have reached a historic high is because the Government scrapped the Rwanda deterrent before it was even able to begin repealing most of the Illegal Migration Act and have failed to effectively implement policies to deter those who would attempt the crossing?

One major policy the Government have pursued, the returns deal with France, has yet to bear any results. The Home Secretary has stated that the Government are moving faster than the Conservatives were with Rwanda, obviously forgetting that the reason the Rwanda policy was delayed was because the Labour Party voted against it over 130 times. Although I appreciate that it is early days and this is just a pilot, can the Minister confirm when the Home Office will be sending the first people back to France? Is there yet a timeframe in place?

In the Statement, the Home Secretary stated that the Government have removed 35,000 people with no right to be here. Unfortunately, that statistic is highly misleading. The Home Office data for the year ending June 2025 shows that enforcement returns—people who are subject to removal or deportation by the Home Office—for the previous year stood at 9,072 people. The number of voluntary returns—those people who were liable to be removed but chose to leave the UK before being deported—was 26,761. It is the combination of these two figures that make up the 35,000 returns claim. Clearly, the vast majority of returns are therefore voluntary returns, not enforced deportation action by the Home Office. Is it not highly misleading for the Government to claim that they have removed 35,000 people when in fact most of those left of their own accord and they have only removed 9,072 people themselves? The figure is being used to mask the reality of failure to get a grip on the crisis at the border, smash the gangs and close down all remaining asylum hotels.

The Home Secretary—I am sure the Minister will not fail to repeat this—made the point that the hotels were opened under the last Government, and that this Government have been taking action to close them. Unfortunately, what she omitted from her Statement was that the previous Government were taking action to reduce the number of asylum seekers housed in hotels. From the peak of 56,042 in September 2023, we reduced that number to 29,585 in June 2024, but since this Government have been in office, that number has only increased. It jumped to 38,079 in December of last year and, as of 30 June, stands at 32,059. That is a 7.7% increase from when the Conservatives left government.

Furthermore, in the run-up to the election, the Conservative Government closed down 200 of these hotels. Had that rate of closure continued, there would be no hotels housing asylum seekers today. What is evident is that this Government have not continued with that pace of closure; nor are they taking enough action to deter and remove those who enter this country illegally.

The Home Secretary repeated the claim several times during her Statement in the other place that the Opposition are “resisting” and “opposing” the Border Security, Asylum and Immigration Bill in this House. She even insinuated that we are attempting to slow the passage of the Bill. I must say to the Minister that I take issue with that characterisation. We have had three days in Committee on the Bill so far and are due to finish Committee stage next Monday—one day earlier than initially scheduled.

On a number of aspects, including the new immigration offences, we have supported the Government trying to toughen up the system. Indeed, I welcome the announcement in this Statement that the Government will be pausing refugee family reunion to tackle the large increase in the number of people applying to bring family members to the UK after a very short period. What we do resist, however, is the Government’s opposition to many of our proposals—or perhaps I should say “previous opposition”, since much of what the Home Secretary proposed yesterday has already been raised in this Chamber by those of us on these Benches.

This morning, the Home Secretary mentioned the number of students who arrive in the UK on a student visa and then go on to claim asylum, stating that she wants to “clamp down” on this “back-door” route. I entirely agree, which is why I tabled Amendment 193 to the border security Bill, which would prevent any person making an asylum claim more than one year after they have entered the UK. This would prevent precisely that scenario occurring. It has yet to be debated, but I am sure that the Minister will support it when we come to debate it.

One of the main announcements in the Statement is the establishment of a new body to deal with asylum and immigration appeals. If this is established quickly and efficiently, it may be able to help reduce the processing of appeals. However, several questions remain. Will this body deal only with administrative appeals made to the Home Office, or will it also deal with judicial appeals, which are currently made to the asylum and immigration chamber? Secondly, will the Government now be supporting our further Amendment 138 to the border security Bill, which would prevent a person appealing against a deportation order made under Section 32 of the UK Borders Act?

Finally, can the Minister confirm how these changes will be made, and when? Will the Government be bringing amendments to the border security Bill on Report in this House to implement these new policies?

[Lord German (LD)]

My Lords, we on these Benches agree with the Government that the Conservatives “trashed” our asylum system, leaving the backlog spiralling out of control. We also agree that there is no silver bullet to deal with that failure. However, the Government have so far failed to get a grip on the problem as a whole. There may be a glimmer of hope that a comprehensive policy will emerge from the content of this Statement, so we will scrutinise carefully any plan that flows from it. But the real solutions lie in speeding up processing, so that those with no right to be here are swiftly returned, providing safe routes to claim asylum, and ensuring that those with valid claims can get jobs, integrate and contribute to the community.

However, the closure of the family reunion route, albeit temporarily, is a sign that the Government are responding to current events rather than laying out what the complete reform would look like. We are deeply concerned by proposals to tighten family reunion rules and by what we are told will be the reduction of the move-on period from 56 days back to 28, much to the dismay of local authorities throughout our land. The Home Office itself acknowledges that a lack of safe alternative routes contributes to small boat crossings, so cutting these routes risks making that crisis worse. Refugees are not at an equal starting point. They have been forced to leave their homes and families, often in grave danger, and family reunion is crucial for their settlement and integration. What assessment has been made of the risk that tighter family reunion rules will push more families into the hands of people-smuggling gangs?

Regarding the new independent body and fast-track appeals, how will it be resourced to meet the 24-week target, and will there be a recruitment drive for asylum caseworkers to ease the backlog? Given the similarities of these roles to those of JPs, what timescale have the Government got in mind for, first, identifying suitable candidates and, secondly, training them in the legislative framework to undertake such duties? Furthermore, can the Minister guarantee that local authorities will be properly funded by government to support asylum accommodation, rather than having it imposed without consultation? We need a humane and efficient system, not one that continues to fail vulnerable people.

The UK-France returns deal, as we apparently know now, will see its first exchange of people at the end of this month. Can the Minister give us some idea of the timescale for expanding what looks like very small numbers at the beginning?

Finally, what safeguards will ensure that the fast-track appeals process proposed does not compromise fairness or lead to more judicial reviews later? Refugees are entitled to be supported as well. It will be interesting to note what the Government propose to be the manner in which that system will actually proceed.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to His Majesty’s Opposition and to the Liberal Democrats for their initial questions.

I will start, if I may, with the noble Lord, Lord Davies of Gower. He makes the allegation that the Government are responding to the protests that have taken place around the country in August of this year, which were relatively small in number. I reassure him that the Government have a very strong plan to remove the mess in which his Government left the asylum system, the hotel backlog and the small boats crisis. The actions that we are taking are part of a long-term wider plan, which includes the immigration Bill that we will debate further tomorrow, to ensure that we resolve this issue in a way that meets our international obligations and, at the same time, deals with the issues that we all have a common interest in removing. I remind the noble Lord that this August saw the lowest number of boats for that month for four years.

[Lord Davies of Gower (Con)]

That is one month.

[Lord Hanson of Flint (Lab)]

The noble Lord heckles from a sedentary position. We have been in office for 13 months now, and we have taken action—which relates, as I will come to, to what the noble Lord, Lord German, said—to establish a border command under the immigration Bill, to put in new powers to tackle small boats, which will be taking place shortly, and to scrap the Rwanda scheme that his Government put in place, which wasted £700 million of taxpayers money and removed, from memory, two people, both of whom went voluntarily. We are now using that resource to up the amount of money we are investing in speeding up asylum claims. In speeding up asylum claims, we are doing what we should be doing: assessing people and determining who has asylum and who does not.

The noble Lord, Lord Davies, mentioned some figures in his contribution. Some 35,000 people with no right to abode in the UK have been removed in the past 12 months. That is up on his Government’s performance—a 28% increase in failed asylum seekers being removed. We have had a 14% increase in the removal of foreign national offenders, and an increase of 50% in the number of illicit work raids that we are undertaking to make sure that we maintain standards in employment.

I am afraid the noble Lord cannot get away from the fact that in 2015 there were very few hotels in operation, and we reached a massive peak under his Government. We are trying now to reduce that peak by closing hotels, and we are doing so by speeding up the asylum claims that he and his Government allowed to remain. So, with due respect to the noble Lord, I am not going to take lessons from him on how to manage asylum, immigration or small boats when the problems that we have inherited are ones that his Government and his Home Office oversaw as a whole.

However, the noble Lord asked some reasonable questions, and I will try to establish some information for him. He asked about the new commission that we are establishing. We will set out further details on it in due course and ensure that we clarify and put into the public domain the roles the commission will have. We will ensure that the commission is paid for with existing departmental budgets, so there is no extra cost to the taxpayer for that. To the point made by the noble Lord, Lord German, we will ensure that people have time to have rigorous training in decision-making and expertise to make decisions on appeal cases. I say again to all noble Lords that we are doing that to speed up the asylum appeal process that led to the highest asylum backlog in the history of asylum backlogs, under the Government of the noble Lord, Lord Davies. We are trying to speed up those claims because, ultimately, we need to determine someone’s right to abode in the UK under asylum, and if they do not have a right then we need to remove them. The previous Government did neither of those things to any effect.

The noble Lord, Lord Davies, mentioned the French scheme. Noble Lords will know that under the previous Government no attempts at all were made to discuss with the French the issue on the beaches of France in relation to small boats. The noble Lord again shakes his head. Perhaps at some future time, when he gets an opportunity, he could write to me and tell me what agreements were struck with the French regarding small boats and beaches. There were none, and because there were none, we have had to pick that up. Over the past 12 months we have negotiated with the French, and we have a returns agreement in place. That agreement is a pilot scheme. It has not yet removed people to a great extent, as the noble Lord knows, but it is a pilot that we are monitoring and evaluating. In answer to the noble Lord, Lord German, we intend to remove and exchange the first individuals under the scheme by the end of this month. The pilot will be evaluated and monitored, and I hope it will prove a benefit.

As the noble Lord, Lord Davies, knows, because I tell him every time we have this discussion, we have had agreements with the French, the Belgians, the Dutch—the Calais Group—to take action. We have established a proper agreement with the Germans for the first time, to look at how we can stop boat manufacture and sale upstream, and we are putting extra effort into bringing people to justice so that we now have people before the courts for people-smuggling offences. There is going to be a difference between us because the noble Lord, Lord Davies, believes in the Rwanda scheme and I do not, but ultimately it is about delivery on these issues, and this Government, 13 months in, are beginning to deliver on them.

I thank the noble Lord, Lord German, for his welcome for some of the measures in the Statement. I welcome his support over Border Security Command, the speeding up of asylum claims, the new powers in the Bill and the pledge to close hotels, because he is right that we need to ensure that we speed up the asylum backlog left by the previous Government. Those matters are in train at the moment, and we will continue to examine them.

As I have already mentioned, the French scheme will run in pilot form until the end of this month, but we hope to secure some action on that very quickly. I hope the issue regarding the new scheme of the appeals board, which I mentioned to the noble Lord, Lord German, and have already mentioned in response to the noble Lord, Lord Davies, is good.

I understand that the noble Lord, Lord German, has concerns, which I recognise, about the family removal issue. I say to him that we intend to ensure that, at a date very shortly in the future, we bring forward a statutory instrument that will end the family reunion issue on a temporary basis while we review family reunion for a longer period. We are doing that for the straightforward reason that the number of family reunions has increased dramatically. I shall give him the figures now: over the seven years from 2015 to 2022, approximately 5,500 individuals were granted refugee family reunion each year. In 2024, 19,709 individuals arrived via this route—a 111% increase, which is just not sustainable. We need to review that, work on it and take action accordingly. At a date very shortly, we will lay a statutory instrument that will suspend the scheme and we will bring forward a revised scheme at a date in future when we are able to do so. The suspension is temporary while we undertake a full review and reform of current family rules.

In the meantime, the noble Lord, Lord German, has asked a legitimate question: what do individuals who want to have family reunion do? They are quite able to apply as of now. Whenever the new scheme comes into effect, we will honour family reunion applications to the date when the scheme was suspended. We will then be able to examine any further family reunion routes through other means on the normal route for family reunion that will take place. We will bring forward in very short order a revised scheme that I hope will address some of the issues that, in my view, need to be tightened.

I say to all noble Lords that there is a common issue here and we should try to address it. That is what I am trying to do with the proposals before the House today.

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

Before we move on to the 20 minutes of protected time for Back-Benchers, I want to make it clear that this is 20 minutes for Back-Benchers only and that the form of the Back-Bench contributions should be questions on the Statement and not speeches.

19:37

[Viscount Hailsham (Con)]

My Lords, I wish to raise a question about the legal obstacles to immigration. I suggest that it would be helpful if the Government produced a consultation document setting out in detail the obstacles that they believe arise with regard to immigration policy. I have in mind a consultation document identifying treaties, conventions, international obligations and domestic procedures and laws that may stand in the way of an effective immigration policy. When we have that kind of consultation document, we can have a more informed discussion as to what we should do about it.

[Lord Hanson of Flint (Lab)]

I am grateful for the suggestion from the noble Viscount. He will know that we have published an immigration White Paper, which trails a number of potential measures that are going to be looked at in principle, including Article 8 of the ECHR and a range of other measures that we are going to put in place. The immigration White Paper trails those issues because, for the very reason that he has mentioned, we want to ensure that there is further consultation on some of the key issues.

My right honourable friends the Prime Minister and the Home Secretary are in constant discussion with countries that were our former European Union partners, as well as countries outside the European Union, about what needs to be done in relation to the pressures and those legal issues. There were meetings in May this year between European Union countries and non-European countries of which Britain was part, and there will be further discussions. I hope that, if the noble Viscount looks at the immigration White Paper, he will see that there is a range of trails that will lead to further policy discussions in due course.

[Lord Beamish (Lab)]

My Lords, in 2019 Boris Johnson and the Conservative Government stood on a slogan of taking back control of our borders and our laws. Over the next four years, we saw record levels of immigration and a shambolic and dysfunctional asylum system. Over the summer, we have seen the extreme right try to weaponise this subject, intimidating communities throughout the nation. In spite of that, ordinary people have genuine concerns about the levels of immigration. One particularly relevant issue is foreign prisoners. Can the Minister explain what the Government are doing to ensure that foreign prisoners who come to the end of their sentences are deported?

[Lord Hanson of Flint (Lab)]

To live in this country requires basic adherence to tenets of good behaviour, and if foreign nationals commit offences then they should be deported at the end of their sentence. My noble friend will know, I hope, that, since 5 July 2024, 5,179 foreign national offenders have been removed from the United Kingdom. That is an increase of 14% over the previous year and one that we intend to further increase for those foreign nationals who have abused the privilege of being a resident of the United Kingdom by committing an offence. That is coupled with the other issues he mentioned, such as a 13% increase in returns and a 24% increase in enforced returns. But the key to all of this, ultimately, is to speed up the asylum system and make sure that, when someone arrives and claims asylum, that asylum claim is dealt with speedily and effectively. That is what the new body announced in the Statement and the efforts we have made to date are really going to be focused on.

[Lord Massey of Hampstead (Con)]

My Lords, the Statement from the Home Secretary contains many laudable aspirations, and I am sure we can all agree that the timing of implementation is of paramount importance as numbers seem to be growing, deepening a sense of crisis, notwithstanding August’s favourable figures. One of the proposed measures, and a potentially important one, is to seek reform of the ECHR and especially Article 8. To change the operation of the ECHR would require the agreement of 46 signatories and presumably take many years, but I notice that the Statement refers to

“reforming the way that the European Convention on Human Rights is interpreted here at home”,

which is, I presume, a way of speeding up the process of reform. I have a very simple question. How do the Government propose to implement this change in interpretation and in what sort of timeframe?

[Lord Hanson of Flint (Lab)]

That is a very valid question, and I am grateful for the broad support that the noble Lord has given to the proposals before us. We have said in the immigration Bill, and we have said publicly, that we want to look at how Article 8 of the ECHR, the right to family life, is interpreted. We have seen wide interpretation of Article 8 to ensure that individuals can protect themselves against deportation when asylum claims have failed. In the next few months—and I hope the noble Lord will bear with me on this—we intend to issue a further consultation on what we need to do on that. It does not involve us, as some political parties and others would want, leaving the ECHR; I hope it will revise the guidance so judges can examine it and make different judgments accordingly, based on the information that we will ultimately supply.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am sure the Minister is aware of the detailed and carefully worked-out proposal put forward at the end of last month by the Refugee Council. Its plan could close asylum hotels by the end of next year by putting in place a one-off scheme to give permission to stay for a limited period, subject to rigorous security checks, to people who are almost certain to be recognised as refugees. The proposal applies to people from Afghanistan, Eritrea, Iran, Sudan and Syria who were in the system on 30 June. That would represent four in 10 of the people in asylum hotels from those countries—more than 33,000 people in total in Home Office accommodation. To take some examples, 98% of Sudanese who apply for refugee status receive it, and yesterday in your Lordships’ House there was a great deal of discussion of how terrible things are in Sudan; and 86% of Eritreans receive it. Have the Government considered this carefully thought-out proposal, put forward by the Refugee Council, or anything like it?

[Lord Hanson of Flint (Lab)]

We are open to a range of discussions on any issue because it is a manifesto commitment for us to end hotel use by the end of this Parliament. The Prime Minister, the Home Secretary, myself and others in government want to do that as quickly as possible, but—and I say this, I hope, helpfully to the noble Baroness—we have to do this in an ordered, managed fashion. We are trying to do that in an ordered, managed fashion now by reducing the level of hotel use as a whole, filling up the remaining hotels so that we maximise their use and looking at how we can exit those hotels over time. In the past 12 months, we have saved around £1 billion of taxpayers’ money by the measures that we have taken. We have had limited success to date in reducing the number of hotels, but we intend to speed that up. The suggestions that have been made will always be examined, but the ultimate objective for the noble Baroness, the Refugee Council and for us is to make sure that we exit hotels, speed up asylum claims and make sure that those who have asylum claims are dealt with and allowed to remain in the United Kingdom with a properly adjudicated, speedy asylum claim.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I declare an interest as a former Immigration Minister in this country and say that I sympathise with anybody who has to conduct the business of immigration, particularly with the pressures we have now. I very much welcome most of what the Government are now proposing. I hope it is possible for us to avoid a build-up of rhetoric, which I am afraid I have seen from all quarters, particularly the more extreme quarters in our country, in recent months.

I will contain myself to asking two simple questions. One is in relation to family reunion. I think it is right to say that the majority of people coming by boat seem to be very young men—of course, we have always had many people arriving to seek asylum in other ways—and in that sense I feel that we can resist the question of family reunion rather more positively than with different age groups and types. I wonder whether the Minister would confirm whether he thinks that particular part of the policy could be successful.

Secondly, does the Minister agree that perhaps we need to make sure that our officials are rather better educated on the 1951 refugee convention, which of course is the basis of all asylum granting? We seem to be allowing a lot of people to come to this country and to have asylum—which is a very valuable thing to grant—without really pursuing the very narrow criteria that grant that asylum. Therefore, the percentage of people who are being granted at first instance has shot up enormously, certainly from my day, and I think it is too high. My own view is that we need to make sure that our officials are clear and fair, but that they stay with those criteria in their deliberations and decisions.

[Lord Hanson of Flint (Lab)]

As the noble Lord is one of the former Ministers in this House who have dealt with immigration, I know he will understand very clearly the challenges the Government face and the difficulties we have in delivering on these issues. I very much welcome his comments and suggestions.

With regard to family reunion, one of the reasons that we are going to lay the SI very shortly and put a temporary suspension on family reunion is so that we can review how it is being applied at the moment. I mentioned the figures earlier but they are always worth repeating: there was a 111% increase on 2023 and a 378% increase on 2022. Some examination is obviously needed of who is being granted family reunion and why. That is why the temporary suspension is on. We will bring forward legislation to bring that into effect at some point and will review the operation of family reunion. The points that the noble Lord has made will be part of that consideration as a whole.

The noble Lord’s second point is also well made and I will certainly examine those comments. In the interest of time, for now, I hope it will help him to have had some answers to his questions.

[Baroness Hamwee (LD)]

My Lords, I apologise to the House for being a few seconds late; the unexpectedly early start took me by surprise.

Does the Minister agree—I am sure he will at least agree with this point—that it is important that the language everyone uses on this subject is as moderate and careful as it can be? Otherwise, feelings are inflamed and the situation is corrosive. It is important to be positive about the contribution to our society and economy of immigrants. I make this point about language having talked to a friend who attended a protest—a counterprotest, if you like—in support of refugees at a local hotel. She was perfectly clear that there were a lot of people there protesting who were there because they wanted to take part in a general ruck. In fact, one of them said to the highly qualified doctor she was with, “Oh, you ought to learn to read a book”. That is a serious point.

I am glad that we will have the opportunity to debate family reunion because it is, after all, a safe route. It would be perverse if we stopped a safe route. The Minister said we will have the opportunity to discuss the new independent body. Can he tell the House now whether people—I do not know whether they will be called appellants or applicants—will be entitled to legal representation before that body?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness for her comments and the tone in which she has put them. She is absolutely right about the debate on migration, illegal migration, asylum and border control. In my view it is a challenge and a difficult issue, but I hope that between the three main parties represented here and those individuals from the Cross Benches and others, we can have that debate in a civilised way. I also hope that in the country at large it can be debated in a civilised way.

There is an important issue to discuss about who we allow into the country for immigration purposes and how. There is an important issue of how we stop illegal migration, and an important issue of how we manage and meet our international obligations on asylum. The Government, in these 13 months, have brought forward a White Paper on the first issue, have taken action on the second and are now looking at managing the asylum regime by speeding up asylum claims to get the backlog down. Those are really important issues, and those who seek to divide us are using them in a way that I would not support. The right to protest is always there, but it should be about the tone of that protest accordingly.

We will bring forward further information on the new body in due course. I hope tonight is an hors d’oeuvre for the noble Baroness, as the main course will follow.

[Baroness Hoey (Non-Afl)]

My Lords, I welcome the much tougher Statement from the Home Secretary. Not long ago, politicians making some of those suggestions would have been accused of perhaps being almost racist.

Does the Minister think that the huge pull factors for migrants living in horrible conditions in France are being tackled firmly enough? If we continue what some would describe as featherbedding people who arrive, that is bound to be a pull factor. Does the Minister agree that leaving the European Convention on Human Rights should still be on the table? Does he welcome the report with the foreword by his former boss—and mine at one time—Jack Straw, which makes it clear that whatever your view on leaving the European convention, the Belfast/Good Friday agreement certainly does not prevent that happening?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness. When people speak about leaving the ECHR, I always wonder what rights they do not want. Is it the right to a free trial? Is it the right to not have modern slavery? Is it the right to not have exploitation at work? I am never quite sure which one of those rights people do not want. My forefathers and relatives in the past fought hard to ensure we have decent rights at work, including the right to a fair trial and the right to be free from slavery: all those things are embedded. Only a very small number of countries have not signed up to the ECHR. That is not to say—which is why I have said it—that there are not tweaks and interpretations we can make. That is why we will be looking at how we deal with Article 8 in the first place.

I will also, with due respect, challenge the idea that there are pull factors and that people seeking asylum are featherbedded. I do not regard that to be the case. There is no benefit being claimed. No allowance at any meaningful level is given to asylum seekers. We are also trying to end some of the pull factors by tackling very hard illegal working, which undercuts and undermines real people doing real jobs, exploiting people and undermining legitimate businesses.

So I say to the House as a whole that it is a very complex, multilayered issue, but the Government are trying, with a range of measures, to deal with this in a way that does not inflame the situation but looks at long-term, positive solutions to bear down on genuine problems.

[Viscount Hailsham (Con)]

May I tackle the Minister on what he said about the ECHR? It is perfectly true that it incorporates important rights. It is equally perfectly true that those important rights can be incorporated in domestic law, and already are by human rights legislation. The fundamental difference is that, when the European court makes a decision which we as a Parliament differ from, we cannot change its effect in this country. If we were to repatriate the process to the domestic courts, Parliament ultimately would have a decisive say and could overrule the courts. That is what a democratic nation should seek to achieve.

[Lord Hanson of Flint (Lab)]

I think we will have to have an honest disagreement with the noble Viscount. That is not my view of how this works. My view is that we are all party to a European court and convention. That is not a European Union issue; it is a Council of Europe issue. There are countries not in the EU and in the EU which have abided, since 1950, in the aftermath of a world war that split Europe apart, by a convention that gives basic rights to individuals. I support those basic rights, but that does not mean we cannot examine how they are interpreted. That is where the Government are coming from. Different parties are asking different things, and that will be a debate we will have, but I am trying to show the noble Viscount that there are, in my view, benefits to the ECHR as well as areas of potential challenge.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the noble Lord, Lord Kirkham, expressed concern about the level of first-tier decision-making in the Home Office. I agree with the noble Lord that there is reason for concern about that, but concern about ill-founded refusals of asylum applications—the evidence for which is in the high number of successful appeals. On that subject, I have two specific questions for the Minister, and I will understand if he needs to write to me. First, Home Office checks in 2023-24 showed that only 52% of initial decisions passed the Home Office’s own quality standards. The figures for 2024-25 were supposed to have been published in August but have not been. Can the Minister say when those now overdue figures will be published? Secondly, Home Office data on appeals has not been updated since the start of 2023. There is data on appeals from the tribunals, but Home Office data historically has been more detailed. Are the Government planning to publish that data on appeals?

[Lord Hanson of Flint (Lab)]

In the interests of time, I will write to the noble Baroness on both those issues. I do not have the information to hand, and I would not wish to inadvertently mislead her by giving her an answer that subsequently proved to be erroneous.

House adjourned at 7.58 pm.