Nationality and Borders Bill

Baroness Coussins Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

Moved by

[Baroness Coussins]

34: Clause 25, page 30, line 25, at end insert—
“(2A) The deciding authority must treat evidence provided late as provided late for good reason where the applicant is a child, or where it is reasonable to attribute its lateness to the applicant's experience of, but not limited to —(a) torture,(b) trafficking or modern slavery, or(c) sex or gender based violence, abuse or exploitation.”

[Baroness Coussins (CB)]

My Lords, Amendment 34 is in my name, and I thank the noble Baroness, Lady Lister, for her support. I am also extremely grateful to the Minister for meeting me last Friday to discuss this amendment and for agreeing to follow up our discussions with the Home Office. I am hopeful that this is going to lead to a positive outcome.

Clause 25 authorises the deciding authorities to give minimal weight to late evidence submitted by asylum applicants unless there is a good reason for it. My amendment would require the authorities always to assume that there was a good reason for late evidence in certain circumstances: where the applicant is a child or where the reason for lateness could reasonably be attributed to their experience of torture, trafficking or modern slavery, or sex or gender-based violence, abuse or exploitation. I have based that on the evidence to which I referred at Second Reading: that it is widely acknowledged that the trauma associated with sexual violence or trafficking can lead to significant problems with memory and recall, as well as a reluctance to share details which could bring shame, fear or humiliation. Critically, I rely also on existing Home Office guidance, which acknowledges all that and says that an application should not be disadvantaged in those circumstances.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

My Lords, I do not have the detail at my fingertips, but I can certainly undertake to write to the noble Baroness. I was just about to sit down after inviting the noble Baroness, Lady Coussins, to withdraw the amendment for the reasons that I have set out.

[Baroness Coussins (CB)]

My Lords, I thank the Minister for his reply and all other noble Lords for their support on this amendment.

I was very happy to hear the Minister’s commitment, having discussed it with the Home Office, that there would be new guidance. Assuming that this new guidance on late evidence is genuinely expanded and strengthened, this has the potential to go a long way towards meeting my objectives. However, I underline the point just made by the noble Baroness, Lady Lister, that it would be very helpful to be consulted on a draft before the two-month cut-off point when the new guidance would come into force. I would be very grateful if Home Office colleagues could take that on board. Although the noble Lord is an MoJ Minister, can he please keep on this as well, and ensure that the Home Office does not lose sight of this guidance in the greater scheme of things?

Assuming that this will be on track, it amounts to a satisfactory way of meeting my objectives and would give vulnerable and traumatised refugees some of the comfort that they deserve. On that basis, I beg leave to withdraw the amendment.

Amendment 34 withdrawn.