Border Security, Asylum and Immigration Bill

Debate between Baroness Fox of Buckley and Lord Horam
Lord Horam Portrait Lord Horam (Con)
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I am very interested in the remarks made by the noble Lord, Lord Kerr. He always makes a very pertinent point, but this is surely wrong in common sense. I do not speak as a lawyer, as the noble Lord, Lord Faulks, did, but this is common sense. Surely, as my noble friend Lord Murray said, the refugee convention as it stands would want someone from Afghanistan to be accepted in a country near Afghanistan, and they would probably prefer that. But that person is given four or five alternatives. He need not stop in one country or another country. Surely it is designed to discourage “asylum tourism”, whereby you decide which countries suit your purpose.

That is surely something we shall consider. It is not necessarily the case that someone coming from Afghanistan will be sent back to Afghanistan. They may come from France, in which case they may stay in France, where they are in no danger. If they go via Italy, they are in no danger there, either. Surely this is the logic of the situation, which ordinary people cannot understand. Why do we have to accept these people who come through multiple countries when there is a refugee convention which accepts that they need not be accepted if they have come through more than one country?

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, it is not just ordinary people who do not understand it. I do not understand it at all, logically. Mind you, I am an ordinary person.

The discussion so far has been very helpful in raising some key issues that the country is preoccupied with. The sensible way to approach this, which people have started to do, is to say that there should be a proper, open debate on it. We need to have a proper discussion about whether the 1951 refugee convention is appropriate for 2025 and very different circumstances. Some of the amendments have allowed us to reflect on that.

Every word of the speech by the noble Lord, Lord Empey, was on the money—absolutely hear, hear. We sometimes have discussions in this Chamber that bear little relationship to the political, social and cultural context of what everybody else in the country is talking about. There have been times during this debate in which the discussion about what constitutes safety and fleeing unsafe countries gives us a hint as to how we have got into a very serious political crisis in this country. The definition of what constitutes unsafe, the definition of what constitutes asylum and the definition of what constitutes refugee have become so expansive that it is a miracle or a mystery to me that anyone has been deported. If anyone was listening, you would just think, “Oh well, we can’t do anything”.

To give an example of some of the things that were argued, I was involved in a debate on the radio some months ago about whether Albania was a safe country. The example given was one that has been cited here today about the levels of domestic violence in Albania. I pointed out that most of the people that I had seen in the small boats who were Albanian did not look like they were the victims of domestic violence. Given the historic split, sex-wise, in terms of domestic violence, they might well have been the abusers.

I point this out only because, every time you say, “Surely, there is no reason why they should be in this country; they are from a safe country”, people will say, “No they’re not”, and you get left in a situation where you cannot remove them.

Nationality and Borders Bill

Debate between Baroness Fox of Buckley and Lord Horam
Lord Horam Portrait Lord Horam (Con)
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I think that is a matter on which the Government will no doubt make their position plain. As I understand it, they do not believe that they are departing from the international convention of 1951. Of course, many other countries have taken similar positions. Australia, for example, has divided people into those coming in in the normal, legal way and those coming in illegally, and that has not been denounced by the United Nations. Japan has done the same thing and, interestingly, the Social Democrats in Denmark are about to too. In Australia, they have a cross-party agreement on the immigration policy. I think the Labour Party ought to be more careful in its view of this because it may well become the Government in future and it will face the same problems which the present Government face. These are not only problems which the Government must face simply to be responsible and give people a sense that they control things and that borders mean something, which is their bottom-line responsibility, but also the issues of immigration.

With what we have here, if we can reduce it to the particular problem which the Government face on illegal immigration across the channel, the approach they are adopting helps, first, to deal with the pull factor, by pointing out the advantages of the normal asylum-seeking methods of getting into this country, on which this country has a good record; and, secondly, to dissuade people from adopting the illegal methods which they are at present forced into using.

The noble Lords, Lord Paddick and Lord Kerr, made the point that they are economists, and I am an economist too. The problem is that, if you expand safe routes, you can never expand them wide enough to take account of all the people who want to come here. That is a simple fact of demand and supply, if I may say so, well known in economics. That is the problem which the Government face. As the noble Lord, Lord Liddle, mentioned in a previous debate, you have to have some limit on the number of people coming to this country for good population control reasons. If you decide on a limit and people are comfortable with that, you can decide how many immigrants will be allowed into the country in any one year and then deal with the problem of illegal immigration. In my view, that is the right order in which this should be dealt with, and I believe the Government are following exactly that policy.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, it is interesting—