Nationality and Borders Bill

Debate between Baroness Fox of Buckley and Baroness Shackleton of Belgravia

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I veer between Amendments 64 and—unhelpfully—64A on age verification but what is important is that we have a trustworthy system. That is crucial; otherwise, we are in danger of fuelling cynicism and doubt about the whole system of refugee status.

We heard during Questions about the overwhelming generosity of UK citizens welcoming people from Ukraine. The broad public enthusiasm has been well noted, but I am afraid that the Home Office’s seeming ability to act speedily and with urgency is rather doubted. People are frustrated when they hear about things such as visa offices in Warsaw shutting up shop at 5 pm and closing over the weekend as though this is a kind of normal situation. There is a broad concern that, potentially, behind the scenes we do not trust the processes or the bureaucracy, and I think that includes age checks just as much as it includes allowing people to come to the UK, such as in the Ukraine situation.

One of the things that worries me is the sources of cynicism about the whole refugee process. The public feel that there is no control, and that if people declare themselves to be refugees when they arrive by boat, or declare that they are children, this will be accepted at face value and in good faith. The public do not want to feel that they are being taken for a mug. Age assessment is valid. Of course, doing so cruelly or insensitively is not welcome and would be terrible. If it is not the case that dentistry is the right scientific method, fine, but the principle surely is that we check the age of those who say that they are children. That is an important principle. Use whatever scientific method you want and be as kind as you want, but do not just say to the British public that anybody who challenges this is being cruel to children, because that is unfair. The unintended consequence of creating an impression that the process is not fair is a backlash whereby people start saying that they do not trust any of it. We know that the age issue is of some concern.

This is not a blame game, by the way. I realise that if I was a 21-year-old Syrian lad trying to get into the UK, I would say that I was 16. I do not blame anyone for that, and I understand it. Why wouldn’t you? I say good luck to them, in some ways, for trying. It is just that we as legislators are meant to be coming up with a system that the British public feel they can trust and that controls the borders. The inference that anyone who wants to tighten up the system does not care about children or does not care about people suffering in war zones is unfair and a misrepresentation.

[Baroness Shackleton of Belgravia (Con)]

My Lords, I rise to speak in favour of Amendment 64A, tabled by the noble Baroness, Lady Neuberger, in relation to the testing of children who may or may not be of the correct age. I think that everybody is united in believing that illegitimate people holding themselves up as children is wrong. However, how that gets assessed needs careful consideration. Can the Government think again as to whether the correct people for doing this investigation and the methods that they use, so movingly put, should be deployed by the Home Office, when local authorities have the equipment and the expertise to do this in a sensitive way which protects both parties? It is not okay for a minor to undergo treatment that adds to trauma, any more than it is right for an adult child to abuse a minor.

We ought to find a system that is fair and age-appropriate, and which gives people the benefit of the doubt until it is proved. Without the proper expertise, more harm can be done than problems solved.