Border Security, Asylum and Immigration Bill

(Limited Text - Ministerial Extracts only)

Report stage
Tuesday 11th November 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, these amendments raise a very important point, and I am very grateful to the noble Baroness, Lady Coussins, for opening the group with the arguments she made. The important point is the need to ensure that interpretation and translation services in our asylum and immigration system are both adequate and effective. Self-evidently, clear and accurate communication is essential to the fairness and integrity of any decision-making process, and that is particularly true in cases which can have serious consequences for the individuals concerned. The amendments before us seek to strengthen the standards applied to interpreters and translators. In principle, that is a very sensible and worthwhile aim.

Before we consider making changes to the existing framework, it would be more helpful to understand from the Minister the current position in a little more detail. The noble Baroness laid out specific deficiencies that she believes are presently affecting the system in providing these services. Objective standards are important, but some are already in place under the current arrangements, such as the interpreters code of conduct—the noble Baroness mentioned this and the need for a review of that code in her speech. If there are demonstrable gaps or failings in quality assurance, that would certainly merit attention. Indeed, we would welcome assurances from the Minister on this point that the concerns raised by the noble Baroness, Lady Coussins, are being actively addressed. Equally, if existing mechanisms are already achieving those aims, we should be cautious about introducing additional prescription, which may duplicate what is already in operation.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, the asylum interview is an important part of the asylum process for many asylum seekers, because it is one of the main opportunities to provide relevant evidence about why they need international protection. Similarly, for the asylum decision-maker, and indeed for the whole of the Government’s processes, it helps draw out and test the evidence. As the noble Baroness, Lady Coussins, said in moving the amendments, paragraph 339ND of the Immigration Rules provides that:

“The Secretary of State shall provide at public expense an interpreter for the purpose of allowing the applicant to submit their case, wherever necessary. The Secretary of State shall select an interpreter who can ensure appropriate communication between the applicant and the representative of the Secretary of State who conducts the interview”.


Interpreters are required to interpret to a high standard on a range of protection-based and human rights topics, including, although not limited to, religious conversion, female genital mutilation, sexuality and gender-based claims, all types and forms of persecution, physical and mental health, and political activity.

It is really important that we are having this debate. I am again very grateful to the noble Baronesses, Lady Coussins and Lady Ludford, for bringing this matter to the attention of the House. I also salute the indefatigability of the noble Baroness, Lady Coussins, for raising this subject, being flexible and meeting myself and officials to get clarification on this important subject area.

Amendments 79ZA and 79F seek to amend the provisions relating to interpreters in the Immigration Rules and the Asylum (Procedures) Regulations 2007. Amendment 79F seeks to include the provision that interpreters must be professionally qualified. For an interpreter to join the Home Office panel of freelance interpreters, they must be either a full member of the National Register of Public Service Interpreters or hold one of the qualifications or assessments listed in the Interpreters Code of Conduct, to which the noble Baroness, Lady Coussins, referred. The code exists to ensure that expected standards of conduct and behaviour are met and that any potential misconduct issues are addressed at an early stage.

Throughout this process, the noble Baroness, Lady Coussins, has been tenacious in stressing the importance of experience and professional standards. We feel that that is very much the spirit of the code of conduct and its practice. Interpreters must conduct themselves in a professional and impartial manner and respect confidentiality at all times, irrespective of whether they are attending an interview in person, remotely via video conference or by audio only. Prompt and decisive action is taken when the Home Office becomes aware of any alleged inappropriate conduct by an interpreter.

The Home Office requires interpreters who wish to join its panel to already be a full member of the National Register of Public Service Interpreters—NRPSI—or hold a specified qualification or assessment. There may be instances, where a language is particularly rare, when the Home Office will accept documented proof of hours worked as an interpreter in that language for a reputable business or charity, but these are assessed on a case-by-case basis and must be approved by a senior manager. We wish to preserve the spirit of flexibility that the current system has for these exceptional cases, and specification in the Bill might prohibit that sort of approach to a particularly rare language or dialect where interpretation is required.

The minimum standards are long-standing and demonstrate that interpreters already need to prove that they are proficient before being accepted on to the Home Office interpreters panel. They also allow for a level of flexibility which ensures that even those who speak rarer languages can be serviced by the Home Office, protecting the proficiency and standards of Home Office interpreters. The qualifications needed by interpreters are freely available to all, published on GOV.UK.

It is considered that amending the Immigration Rules in the way envisaged by the amendment would have little impact. The code of conduct sets out clear expectations around impartiality and the standards of conduct and behaviour that interpreters are required to meet. Interpreters must hold recognised qualifications. They undergo rigorous background security checks and are required to sign a declaration of confidentiality.

The noble Baroness, Lady Coussins, asked about enforcement of the code. Feedback is collected on interpreter performance, and any incidents of alleged behaviour falling short of the code of conduct will be fully investigated. Feedback is primarily compiled by interviewing officers completing an interpreter monitoring form, but this form may also be completed by other Home Office officials. Prompt and decisive action will be taken as soon as the Home Office becomes aware of any alleged inappropriate conduct, and this is obviously in the best interests of the department, the interpreter, the wider public and, of course, the claimant. The way in which the code of conduct is managed and enforced minimises any risk of bias, including for sensitive, asylum and immigration cases.

Interpreters must comply with any requests from the Interpreter & Language Services Unit for information within the time specified. If there is evidence of behaviour falling short of the code of conduct, interpreter monitoring may be considered, to determine any further action.

The amendment also seeks to include “translator” within the provisions relating to interpreters in paragraph 339ND of the Immigration Rules and the Asylum (Procedures) Regulations. This relates to providing at public expense a translator to allow an applicant to submit their case and appeal their claim, as well as a translator to ensure appropriate communication at interview. The noble Baroness, Lady Ludford, in her contribution, raised a number of questions around the role of translation in the Home Office rules and code of conduct; I will come to what she was referring to in a short time.

The asylum interview guidance makes clear that where a claimant wishes to submit documents relevant to their claim, where those documents are in a foreign language, the asylum decision-maker must ask what it is and what relevance it has. If the document is or could be useful, they must give the claimant an agreed period to submit a translation, noting this on the interview record.

Specifically on translation services, to be clear, the code applies to anyone conducting any assignments on behalf of the Home Office. The Home Office contract for written translation is held by thebigword, whose stringent quality control processes in place should ensure that translations meet the high standards required.

Although I thank the noble Baroness, Lady Coussins, for the amendments and indeed the wider debate we have had on this issue both tonight and in Committee, the Government see no reason why the existing framework should be changed in the way suggested by the amendment, and for that reason I invite her to withdraw the amendments.

As I said, it is important that we are able to retain some flexibility in the way that we provide interpreter services particularly, specifically because of very rare languages. Too much specificity in the Bill could constrict the effective service that we want to provide to asylum seekers and might also have a negative impact on our ability to provide a fair, effective and efficient system.

However, I am pleased to say that, following our extensive discussions with officials, I am happy to commit from the Dispatch Box that the Home Office will work with stakeholders to review the Interpreters Code of Conduct and provision of translation services—to address the point made by the noble Baroness, Lady Ludford—including a section in the code that outlines the criteria for becoming a Home Office interpreter, reflecting the need for qualification or professional experience, including reference to NRPSI standards, as I have set out. Given that additional commitment tonight and the conversations that we have had over the past days and weeks, I very much hope that that will satisfy the noble Baroness, Lady Coussins, and that she will see fit to withdraw her amendments.

[Baroness Coussins (CB)]

My Lords, I thank the noble Lord, Lord Katz, very much for his response, and I especially thank the noble Baroness, Lady Ludford, for her support. I am encouraged that my concerns have been well understood and I appreciate the commitment to review the Interpreters Code of Conduct, including the involvement of stakeholders and the commitment to look at the role of translators as well as interpreters. At this stage, I ask only that the Government resist kicking this issue into touch and forgetting it, as happened with the victims’ code, but go very quickly to agree a timetable as soon as possible for the review, which I warmly welcome. On that hopeful note, I thank the Minister once again and beg leave to withdraw my amendment.

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

I am grateful to the noble Baroness, Lady Maclean of Redditch, for tabling the amendments before us. They have certainly begun a short debate. I regret to inform her that I will not be able to accept them. I hope that she can withdraw them, but I will give her an explanation as to why.

The amendments seek to make the Government publish two annual reports. Amendment 79C would commit the Government to an annual report on asylum and refugee grants for those identified in the national referral mechanism as victims of modern slavery, and Amendment 79D would provide for an annual report on how many of the cohort of asylum seekers were granted asylum based on their religion or religious conversion.

The important point, which I think has been recognised across the House, is that every asylum claim is assessed on a case-by-case basis. Each claimant is given the opportunity to explain their reasons for seeking protection in the UK through an asylum interview. Although individual records are, of course, maintained for each claim and record the reasons for a grant of asylum, we do not publish statistics which set out in total all the reasons why individuals fear persecution. The Home Office publishes a significant amount of data on a range of different aspects of the asylum system, but not in the way that the noble Baroness asks for.

I take very strongly the comments from the right reverend Prelate the Bishop of London on her view, and that of other members of the Church, of the issue of religious persecution. Faith and belief—or, indeed, lack thereof—can be very complex. Just like the pride we have in providing protection for those who need it, we should pride ourselves on the religious freedoms that we enjoy in the United Kingdom. I want to continue protecting those who need it, particularly when they face persecution for having a belief that differs from the faith they are expected or, indeed, forced to have.

The noble Baroness, Lady Maclean of Redditch, wishes for the annual report to include the number of those who changed their religion after arriving in the UK. Again, there is nothing intrinsically wrong with changing your religion when you arrive in the UK. Those matters will be explored in the individual claim when it is presented by a claimant and, as part of the process, decision-makers must take into consideration and test the claimant’s motivation, for those adopting a new faith and those who have renounced their previous faith.

Officials at the Home Office have worked with stakeholders, including the Church, to ensure that asylum seekers fleeing religious persecution are well considered, that those in genuine need are supported, and that there are no loopholes for claiming asylum in this country.

As a resident of Wales myself, I take the point made by the noble Lord, Lord German, that the Church of England is one aspect of Christian religion and there may be other aspects, and indeed other religions, where persecution results in change. That could be due to marriage, personal beliefs, or a whole range of reasons, and these will be tested in the individual interview.

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We cannot and should not allow the generosity of the asylum system to be manipulated. By clarifying the interpretation of the refugee convention in this specific context, guidance would be provided to decision-makers, reducing opportunistic claims. At the same time, it would not prevent genuine converts seeking other appropriate forms of protection or leave to remain on humanitarian grounds. It would simply ensure that the definition of a refugee is applied as intended. The refugee convention, admirable as it is, was drafted in a very different age and has sometimes been stretched beyond what its drafters could have envisaged. Parliament has a duty to ensure that the law reflects contemporary realities, including the growing challenge of fraudulent or opportunistic claims, while maintaining our proud record of offering sanctuary to those in genuine need.

[Lord Hanson of Flint (Lab)]

I am grateful, again, to the noble Baroness, Lady Maclean of Redditch, for her amendment. The right reverend Prelate the Bishop of London made a compelling case in arguing against the amendment. I thank her for her support, as I too will not be supporting the amendment.

I took the words “blanket refusal” from what the noble Lord, Lord German, said, which is a really important point on this amendment. The noble Baroness’s amendment would mean that there was a blanket refusal for anybody who claimed status on the grounds of religious persecution, even if that person converted to a new religion after they arrived in the UK. It would mean there would potentially be people who would arrive in the UK, or who are here, and did not fear persecution when they left their country, but who may well have found religious faith on arrival in the United Kingdom, through a range of routes, and therefore would not be able to claim persecution before returning to their country. That does not seem fair to me. The 1951 refugee convention applies a definition regardless of where the fear of persecution arises. It includes situations where fear develops after arrival in the host country, in which case the amendment from the noble Baroness, Lady Maclean, would apply.

I took strongly what the noble Lord, Lord German, said about the independence of decision-makers who will consider claims involving religious conversion. They will fully explore the motivation of that conversion and what it means in a person’s life. They will explore whether the conversion took place in the UK. It is reasonable, even taking on board the right reverend Prelate’s comments, to ask for some evidence of that conversion. As the right reverend Prelate said, ministers in the Church of England are not going to take every conversion on the face of it; they have a strong process to go through to ensure that someone is welcomed into the faith.

In cases of religious conversion, conversion alone does not guarantee refugee status. Ultimately, an individual could convert and say that that is the reason they should stay, but the decision-maker will look at whether the risk of return to the person’s country of origin has an implication for the credibility of the religious conversion, based on the evidence before them. Conversions may be rejected as not genuine or accepted as genuine but, even where a conversion is accepted, there has to be some form of detailed examination of an individual’s circumstances and the situation in the person’s country of origin.

In determining whether an individual has a well-founded fear of persecution, the assessment cannot be disregarded on the basis of actions taken after arrival in the UK, even where there is suspicion or evidence that such actions were taken in bad faith to generate or strengthen an asylum claim. Frankly, every claim must be judged on its merits according with the rule of law and our international obligations. Decision-makers scrutinise the timing of conversion and consistency with prior beliefs and behaviour. A finding of a person acting in bad faith can be relevant to the person’s credibility and whether they will face risk on return to their country of origin.

I cannot accept this amendment. If it were adopted it would reduce the volume of grants and potential bad faith claims, but it would also breach our obligations under the 1951 refugee convention, which was put in place after a conflict that caused a significant number of refugees.

Sufficient guidance is in place for Home Office decision-makers to make a judgment on the basis of each claim. The noble Baroness’s amendment would cause difficulty and result in individuals who have genuinely converted being returned to their country of origin, maybe to face further persecution—which, as the right reverend Prelate said, is not a matter of being chided or ostracised but could result in their deaths because of their religious faith. I therefore cannot accept the amendment and I hope the noble Baroness will withdraw it.

[Baroness Maclean of Redditch (Con)]

My Lords, I thank the Minister very much for listening to my comments and responding in such detail. I agree with the right reverend Prelate that we should tread very carefully with this issue. I thank her for her detailed observations and welcome what she said about the work that she does with the clergy in relation to baptism of asylum seekers and conversion to the Christian faith.

I reassure the noble Lord, Lord German, that I understand that there are vast numbers of denominations in the Christian Church. My comments should be interpreted as meaning the Christian faith and its various denominations, of which I am not an expert but many others are. We are talking about Christian baptism, which can include the Church of England and many other denominations, including churches in Wales, where the noble Lord lives.

As my noble friend Lord Cameron of Lochiel set out, this is a question of fairness. The fact that there is no evidence of abuse does not reassure those of us in this House who are concerned about this issue. The Minister mentioned that it is possible that bad-faith claims exist within the system. I say to him that we cannot find evidence of something if the Government are not going to look for it; I note they rejected my earlier amendments.

As I said at the beginning, I will return to this topic in further contributions to this House. I would very much appreciate it if the Minister would agree to meet me and his officials to discuss this further. On that basis, I beg leave to withdraw my amendment.

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Moved by

[Lord Hanson of Flint]

81: Clause 62, page 67, line 33, at end insert—
“(ba) section 42;”Member’s explanatory statement
This amendment would bring clause 42 (EU Settlement Scheme: rights of entry and residence etc) into force on Royal Assent.

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Moved by

[Lord Hanson of Flint]

83: Clause 62, page 68, line 1, leave out “, 42”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 62 at page 67, line 33.