Safety of Rwanda (Asylum and Immigration) Bill

Baroness Butler-Sloss Excerpts

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Scriven, who introduced the amendments in this group. I have signed Amendments 18, 23 and 47, but, like him, I have considerable sympathy with the others. The amendments discussed on Monday focused much on the rule of law and how the Bill sits within that. This group changes the focus to look at the most vulnerable asylum seekers, defined in our Amendments 18, 23 and 47 as unaccompanied children, victims of human trafficking or victims of modern slavery, and says that, for the purposes of this Bill, Rwanda should not be regarded as a safe country.

Noble Lords who worked on the Illegal Migration Act last year will remember that, during that Bill, these were three groups of asylum seeker where there was considerable cross-party concern about the Bill reducing their rights under domestic law and ignoring them under international law. There are amendments to follow that will go into more detail on these cases. I will not speak in detail ahead of the noble and learned Baroness, Lady Butler-Sloss, but Amendments 23 and 47 would set on the face of the Bill, in Clause 2, that these groups of people should always be considered separately and not just with everybody else or as a generic group.

The first group is unaccompanied child asylum seekers. We have had many debates in the last three of four years, in the Nationality and Borders Act and Illegal Migration Act, about difficulties in assessing the age of unaccompanied children. We will come back to that detail next week. It is important to note that, on 22 January, the Guardian reported that at least 1,300 child refugees are at risk after being classified as adults, with some placed in adult jails after the Home Office wrongly assessed their ages. Others were sent to adult hotels without the right support. The Refugee Council, Helen Bamber Foundation and Humans for Rights Network report, Forced Adulthood, says that these children are exposed to “significant” harm. It reported that age assessments can be as short as 10 minutes. The consequences for these young people, if they are children, are serious. They breach international law, as well as the UN Convention on the Rights of the Child, to which this country is a signatory.

For victims of modern slavery and human trafficking —I will not go into the detail of the excellent introduction by my noble friend Lord Scriven—I share my noble friend’s concerns. I note that this Government appear to have a short memory. In the Modern Slavery Act 2015, promoted by the then Home Secretary Theresa May, an Independent Anti-Slavery Commissioner was created to improve and better co-ordinate the response to modern slavery. It introduced a defence for victims of slavery and trafficking, placed a duty on the Secretary of State to produce stat guidance on victim identification and victims’ services, and enabled the Secretary of State to make regulations relating to the identification of and support for victims. That is why the simplistic processing proposed in this Bill is completely inappropriate and why the Government need to respond to these amendments, as well as those proposed by the noble and learned Baroness, Lady Butler-Sloss, in this group. We have a duty as a nation to take care of the most vulnerable asylum seekers.

I also support Amendment 75 in the name of the noble Lord, Lord Browne of Ladyton, which my noble friend Lady Smith of Newnham has supported. It is unconscionable for us not to recognise the very particular circumstances of those who have supported our troops in the most difficult circumstances.

This Government used to believe in supporting asylum seekers, particularly the most vulnerable, and had processes by which they could do so, but they clearly do not anymore. Can the Minister explain to your Lordships’ Committee why this U-turn has happened and on what basis it is appropriate to disregard the rules they created less than 10 years ago?

[Baroness Butler-Sloss (CB)]

My Lords, I will speak to Amendments 70, 73 and 85. I support the other amendments in this group. I declare an interest as co-chair of the parliamentary group on modern slavery and vice-chair of the Human Trafficking Foundation. The purpose of my amendments is to draw attention to the Modern Slavery Act 2015 and the plight of victims of modern slavery trafficked to the United Kingdom, to ensure greater transparency and to put in place appropriate structures of due diligence and accountability.