Asylum Seekers: Hotels

Baroness Hamwee Excerpts

Monday 20th January 2025 Lords Chamber

[Lord German (LD)]

My Lords, this has been an interesting debate—

[Baroness Hamwee (LD)]

My Lords—

[Lord German (LD)]

My apologies.

[Baroness Hamwee (LD)]

Sorry, the communication obviously was not good enough.

[Lord German (LD)]

My hearing aid is still out of action.

[Baroness Hamwee (LD)]

As there is the opportunity to speak in the gap, perhaps I may respond to some comments of the noble Lord, Lord Green of Deddington, regarding the Private Member’s Bill, for which I must take responsibility and not load it on the Minister.

The Bill is concerned primarily with allowing children to sponsor their parents to come to this country—currently, parents can sponsor children, as he said. Much of the rest of the Bill reflects what is in the current rules. The extra numbers involved are difficult to estimate, but the Refugee Council, the Red Cross and Safe Passage have given an estimate of, from memory, a lower figure of 340 a year and a maximum figure of 750.

The noble Lord shakes his head about the reflection of the current rules. To give him just one example, when I looked at them, I was surprised to see that the term “emotional well-being”, which I think he may have mentioned, is in them; I was quite encouraged to see that.

More generally, and I know that my noble friend will say everything I would want to say and probably more—and better—asylum seekers cannot just be a matter of numbers for us, given what is going on globally with conflicts and so on. This is where the debate seems to always land. I want to put on record at least a response to the noble Lord; I am actually grateful to him for having read the Bill.

Refugees (Family Reunion) Bill [HL]

Baroness Hamwee Excerpts

Committee stage
Friday 17th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

Bruiser? Moi? Surely not. I will at some point potentially bruise the noble Lord once again, but today I am trying to find the sensible middle way.

Let me say to the noble Lord, Lord Murray, that I have already recognised that there are issues with the numbers. When he intervened at Second Reading and asked the noble Baroness, Lady Hamwee, about the numbers, there was a potential vacuum for an assessment of what those numbers would be. Again, any sensible Government would have to take those matters into account, which, to answer the noble Lord, Lord Jackson, is why I indicated at Second Reading that we had concerns about the additional numbers, the assessments of those numbers and the criteria for granting them. As I said then and reiterate today, there are legal reasonable routes for other family members to join after a proper assessment. Without repeating it all today, I referenced that very strongly in the debate at Second Reading.

The government response today is that I wish the amendments to be withdrawn. But that is a matter for noble Lords. As we progress, in Committee, on Report, at Third Reading and when the Bill goes to the House of Commons, we as a Government will, in between, reflect on these matters.

I hope that is clear, even if it is slightly in the middle. Maybe in the middle is not such a bad place to be. That is my view on the amendments and on the Bill. I can add nothing more than that today than to allow the noble Baroness, Lady Hamwee, to respond to amendments that were designed—as appears to be the condition of current Opposition Members—not to help clarity, were perhaps for a little further discussion or perhaps a little obfuscation. Ultimately, the House will determine these matters in due course.

[Baroness Hamwee (LD)]

My Lords, I declare an interest as a trustee of the Schwab and Westheimer Trust, which supports young asylum seekers in education. I thank the noble Lord, Lord Jackson, for his compliments about persistence. The compliments should be directed at previous Home Office Ministers, who waived the Bill’s predecessors through to the Commons in a very similar form and did not seek to obstruct them. I applaud the Minister’s elegant negotiation of a tightrope. As he says, there can be further opportunities for discussion, and of course sending the Bill to the Commons gives those opportunities.

I apologise to the noble Lord, Lord Murray. I certainly had not intended a discourtesy. There was not a vacuum as regards the numbers; it was my inability immediately to find the briefing we received from the Red Cross, Safe Passage and the Refugee Council, which was sent to those who had their names down to speak at Second Reading. Had I realised that he wanted to pursue that point, I would of course have handed on my copy of the briefing. That briefing included a number of other issues.

I will make a few general points that are relevant to all the amendments in this group. The Bill is to put into statutory form provisions for family reunion that are currently in the rules, because statute is more stable than rules. We are adding siblings, for reasons that we will come to, and provide for children to sponsor family members, including parents, whom they cannot currently sponsor. The cost of supporting unaccompanied children is obviously high. My view is that reuniting families would lead to savings: parents would support their children.

We want to see more safe and legal routes. Currently, those routes are quite limited. The provisions we are proposing would create a safe and legal route, subject to a visa. Applications for visas are much easier to control, oversee and assess than people arriving on our shores in an irregular fashion. Of course, children—particularly those who are alone—are in a particular position. That is why we have had a lot of support from outside the House, with many mentions of the best interests of the child. Vulnerability to trafficking and exploitation has already been mentioned.

The incompatibility of some of the amendments with many of the current rules has been mentioned. The current position is that the Secretary of State can extend or restrict eligibility through changes to the rules, so the factual position remains the same. Amendment 19 is slightly tighter than the current position, in that it suggests criteria.

I will have to keep my remarks shorter than I would like, and I hope noble Lords will understand the slightly telegraphic nature of some of what I have to say. First, making the Bill not permissive denies the whole Bill. I thought the “may” and “must” point was linked with the proviso in Amendment 5, which I had assumed was the main point. The noble Lord, Lord Murray, shows concern for services integration, which was not much of a focus for the previous Government. It is hugely important, and I encourage him to keep on urging both investment and support for the organisations involved, and to pursue the recommendations of the Woolf commission. But the conditions he sets out do not apply to grants of family reunion now.

We on these Benches are no great fans of the IMA; I hope that we will see the current Government get rid of it. The previous Government of the noble Lord, Lord Murray, consulted on a cap under the IMA, but did not include family reunion in the proposals for that cap. They listed routes to be subject to the cap and referred to other safe and legal routes.

Terrorism (Protection of Premises) Bill

Baroness Hamwee Excerpts

2nd reading
Tuesday 7th January 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I declare an interest, having for a long time been a member of the board at the Rose Theatre in Kingston, the capacity of which is over 800 when you include staff, volunteers and performers. I declare the interest because I still refer to them as “us” and “we”.

There is a lot of experience in the Chamber today, among not only the speakers but the people listening too. My experience is minor, but because I feel quite affected by it, I am declaring it as an interest as well. On 7/7, when the Mayor of London was in Singapore, after the announcement about the 2012 Games, the officers at City Hall told me that I was the most senior politician in the building—I was chair of the assembly at the time. I realised rapidly that the officials needed someone to report to, and that my role was to be supportive and make sure that those in operational roles were able to get on with the job without any interference from people such as me. That was my big learning from that. Subsequently, the London Assembly looked at communications on the day, including the role of the media. I echo a good deal of what the noble Baroness, Lady May, said about communications.

It was inevitable that words such as “balanced” and “proportional” would be used a good deal today, and they have been used by those who have made representations to us. What they mean to the user is of course affected by where that person is looking from. I would add the words “objective” and “measured”. It may be difficult not to focus on the most recent event, but not every situation is coverable and the Bill does stop, or seek to stop, all terrorism.

As my noble friend Lady Suttie made clear, Liberal Democrats support the Bill. Personally, I would have preferred the title to mention people, or at least the Bill to give them some priority over premises, because this is about people. I welcome the amount of consultation and general work in the lead-up to this. That needs to continue, as many noble Lords have said, including in the preparation of regulations and guidance. I accept that regulations will be needed. I do not think that from these Benches we will be quite as critical about regulations as we often are—although we reserve the right to be a bit of a nuisance.

I asked the Rose Theatre for its views, and it gave me only about three lines. Basically, it said that it wants easy to follow guidance. It will not be entirely easy, because events differ, numbers of volunteers and casual staff differ, incidents differ, and there are different factors and responses required—evacuation or invacuation —and the right response may be counterintuitive. Premises do not follow a single pattern, and the Bill extends beyond buildings.

At this point, I ask the Minister if the Government have in mind further clarification of the term “in the vicinity”. That is clearly troubling owners and operators as to how far their responsibility extends and what, in practical terms, they can do. It troubles me because of consequences for compliance and, perhaps, insurance cover.

We have made it clear that our principal concern is about training. I have seen the letter from the Security Minister to my honourable friend Ben Maguire MP, which says that guidance will signpost a range of suitable free training offers. I am interested in the term “free”. I know that it is envisaged that the SIA will provide a good deal of guidance, but like other noble Lords I think that the legislation seems to create quite a market for trainers, not all of them as skilled as they would present themselves. I gather it is not envisaged that the SIA will have to approve training programmes or trainers. I would like to explore at a later stage whether there is scope for some sort of franking approval, so that it is the properly skilled consultants who are relied on, as it is likely that people will think that it is the responsible thing to do to get in someone to make sure that they are doing the right thing.

The SIA is in a pivotal position—again, the noble Baroness, Lady May, talked a good deal about this. Under Clause 12, it is to prepare guidance about how it itself proposes to exercise its functions. I find “guidance” a rather curious term here. It is to have extensive powers. For now, I will just mention non-compliance penalties: the maximum of the greater of £18 million and 5% of qualifying worldwide revenue. That is an awful lot of power. It also suggests quite a lot of scope for avoidance through how accounts are structured and gives the SIA a lot of scope in determining—the word is how it “regards”—what comprises revenue. The noble Lord, Lord Frost, mentioned the briefing we received today from the Institution of Occupational Safety and Health. It raised some of these points about how the SIA will operate, given its new functions, so can the Minister say something—anything—about its governance?

On insurance, perhaps I am too cynical in envisaging the scope for squabbles about the extent of cover and exclusions relating to alleged non-compliance and the assessment of what is “reasonably practicable”, but I think I have a fellow cynic sitting across the Chamber from me at the moment. I may also be too cynical about legislating for co-ordination and co-operation, but I do not think this is a novel provision.

Related to this, I share the concern of the noble Lord, Lord Carlile, about Clause 31, which provides that the Bill gives no right of action in respect of non-compliance. I do not really understand how this can work. One question is whether non-compliance can be used in evidence in civil proceedings. The noble Lord shrugs his shoulders—exactly; that will not show in Hansard, I am afraid. I also want to pursue the observations of the current Independent Reviewer of Terrorism Legislation on Clause 18—he refers to a number of provisions and queries their impact—and on Clause 32, as it affects alterations to thresholds. He draws attention to the shortcomings of unamendable regulations, which the noble Lord, Lord Anderson, mentioned. If it would be helpful for the Minister, I would be happy to table amendments for these matters to be discussed in detail later rather than today.

Planning and licensing have rightly been mentioned, but perhaps we should add building regulations, which may be more relevant on a day-to-day basis. Various organisations have raised concerns about the costs, and we have heard what the Minister had to say on them. We must acknowledge the burden, including costs, which local authorities will incur.

The Government’s explanation for the particular treatment of places of worship is that they, to quote the Minister’s letter,

“are different to other premises … in being readily accessible and welcoming to all, without the same commercial drivers … usually having no restrictions on entry, or staff routinely present.”

A lot of community organisations would say, “Well, that’s us too.” The noble Lord, Lord Hogan-Howe, had quite a lot to say about this; I agree with very much of what he said. The Government also refer, with regard to places of worship, to

“developing measures to better mitigate threats through local police engagement”,

but that must also apply across the board. Of course, a lot of places, particularly places of worship, have their own security arrangements.

Recently, I visited a synagogue that I had not been to before. Its entrance was not easy to spot, but the Muslim cab driver who took me did spot it. He said, “It must be here: I can see the security”. If there is a danger in this Bill, it is perhaps that people will see the regime as a complete substitute for other measures, including their own common sense. There will be points raised in the form of amendments because it is what we do here, but from these Benches, supporting the Bill, our amendments will be because we want to see the Bill as clear and effective as it can be.

Border Security: Collaboration

Baroness Hamwee Excerpts

Tuesday 17th December 2024 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I thank the Minister for the Statement and welcome the Government’s decision to pause Syrian asylum claims. We welcome the fall of the Assad regime and wait to see what will happen in Syria, although the risk of instability is high.

On the subject of new international agreements relating to border security, I am afraid that I cannot be as positive. The Government’s record so far on border security and immigration has been an unmitigated disaster. Illegal small boat crossings have surged on their watch, with record numbers of dangerous journeys across the channel putting lives at risk. This is a direct consequence of the Labour Government’s inability to get a grip on the problem and their refusal to make the hard choices necessary to secure the borders. The public know it and statistics prove it. Under Labour, the UK has become a magnet for criminal smuggling gangs. No doubt the Minister will tell me that the Government will be judged on the success of their delivery. Well, I can tell the Minister that he is being judged now and it is not a good look.

The agreements reached with Germany and the Calais Group may sound good on paper but what is missing is any real action or delivery. Where is the urgency? What are the tangible results? Where are they? Smuggling networks remain entrenched. The enforcement measures announced today amount to little more than tinkering around the edges. The Home Secretary said in the other place that her approach was delivering results, but the facts do not bear that out. I can put it no better than my right honourable friend the shadow Home Secretary did:

“In the 150 days since the election, more than 20,000 people dangerously and illegally crossed the English channel, 18% more than did so in the same 150 days in the previous year. I do not call an 18% year-on-year increase ‘delivering results’; that is a failure”.—[Official Report, Commons, 11/12/24; col. 902.]


This country deserves better. The British people want stronger borders, a controlled immigration system and criminals brought to justice. Yet Labour’s track record, now and during its last time in Government, shows that it cannot be trusted to deliver on any of these priorities.

Therefore, I ask the Minister a few questions. First, can he clarify what specific, measurable steps the Government are taking to dismantle criminal smuggling networks, domestically and internationally? Secondly, what provisions are in place to ensure that the agreements with Germany and the Calais Group deliver urgent, tangible results rather than just more headlines? Thirdly, will the Government consider further legislative changes to enhance border security and ensure tougher penalties for smuggling gangs and those facilitating illegal crossings? Fourthly, given the sharp increase in channel crossings year on year, how does the Minister reconcile this trend with the Home Secretary’s claim that the Government’s approach is delivering results? I look forward to the Minister’s response.

[Baroness Hamwee (LD)]

My Lords, from these Benches we welcome the Statement, although I do wish that these Statements were not always headed as being about border security. It is about much more than security. In particular, we welcome the collaborative approach, which we see as essential to international issues.

The Statement mentions Syria. I appreciate that the Statement is not really about Syria but as it is in here, let me take the opportunity to ask—although I think I can anticipate the answer—whether the Government are yet seeing any impact either of Syrians in this country who are now wanting to go back to the Middle East or any new wave of asylum seekers coming from Syria.

The Statement refers to wider crimes. We know that organised crime covers a wide area and that these things are all related. It lists violence, exploitation, money laundering and drug trafficking. I am sure that the Government see that people trafficking and illegal working are all part of the picture—but I would be glad of the confirmation.

The noble Lord, Lord Davies, talked about higher penalties. It is the same with policing. It is catching people, rather than the penalties, which is the deterrent. Given his background, I would be surprised if he disagreed with that. The Statement also refers to legislation identified by the Germans as being needed to add to their measures. Have the UK Government identified any need for further legislation here? I hope not, because legislation is often referred to as being the solution when so often it is action that is needed.

Finally, I express one major reservation. Safe and legal routes are not mentioned. Were they part of the discussions between the international parties?

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

I am grateful for those contributions from His Majesty’s loyal Opposition and the Liberal Democrat Benches. I have set out to the House on numerous occasions the record of the previous Government, and I shall not take the House’s time today to repeat that record, except to say that, since 4 July, this Government have had to take significant steps, which I will now outline, to tackle the backlog of problems left by the previous Government’s small boats initiatives, the failure to tackle asylum processing effectively and the use of hotels, which has gone from zero in 2019 to 200 hotels in 2024. I will not go on the record too much because I have covered that area before and, if provoked, will undoubtedly do so again.

I hoped that the noble Lord, Lord Davies, would have shown a little more enthusiasm and welcome for the steps that the Government outlined in this Statement. We have, for the very first time, secured agreement with Germany, France, Belgium and the Netherlands to take action on a number of key issues. Those key issues reflect what the noble Baroness, Lady Hamwee, said. For the first time ever, the Germans have agreed to look at their own domestic legislation to allow for criminal exchanges of a range of issues with the UK Government, because the UK is not a member of Schengen and current German legislation does not allow the Germans to do anything outside the Schengen area. They are now looking at that, and there is a commitment, I suspect, from all political parties, because Germany faces an almost certain election in February, to continue that process as a whole.

The joint action plan on irregular migration, which was concluded last week, includes international co-operation, intelligence sharing and the use of the Europol system, of which we are now no longer technically part because of the decisions on Brexit. Therefore, we have strengthened information sharing, strengthened co-operation and a strengthened commitment from the five key partners that face the channel, plus Germany, to tackle this issue. That is a good thing that will help lead to people smugglers thinking twice about smuggling individuals or facing the consequences accordingly. The clarification in German law will facilitate migrant smuggling to the UK and Germany becoming a criminal offence. That is in addition to the measures that we have taken using money saved from the appalling, wasteful, useless Rwanda scheme that the noble Lord supported. That scheme has now been scrapped; the £700 million has been put into areas such as £150 million towards a new border command, which legislation will establish on a legal footing in the new year. Those are real, manifest issues.

The noble Lord gives me one of his very pleasant, helpful, wry smiles. But he knows, deep down, that the record of his Government was one that he would not really hold up to scrutiny; and that the things we are doing are positive measures that will remove the criminal gangs and take action against them. There is a whole range of other things that we will look at in due course. He may smile at this again, but he needs to know that 1,000 more staff have gone into enforcement and returns because of the savings made on the Rwanda scheme, and therefore people who are here and have had their asylum claims refused, or who are here illegally, are now being returned. Enforcement returns are 19% up and voluntary returns are 14% up, and that is because we have shifted resources from the useless, wasteful Rwanda scheme, which did not return people or act as a deterrent, to a productive, forceful scheme that forces returns and is putting in place a border command. He used some of my lines back at me; we will be judged on how this scheme operates. Let us leave it at that, for the moment, for this noble House and for the noble Lord, because we will return to those matters in due course.

I just want to cover any other points that he made. There is a G7 plan, which includes Italy and other countries, that is looking at crossings from the Mediterranean. I think it will have an impact; he does not. Time will tell, and we will debate this continually in the future.

The noble Baroness, Lady Hamwee, began with Syria. Everybody internationally, with the possible exception—or definite exception—of President Putin and the Assad regime itself, welcomes the fall of the Assad regime, but it has raised some complications. We do not yet know how the new regime is going to operate; we do not yet know whether Syrians in the United Kingdom will feel safe to return to Syria; we do not yet know whether people will flee from Syria and make legitimate asylum claims. That is all under consideration. I cannot give her any assurances yet. She knows that we have paused the asylum scheme on Syria for that reason. I hope that we will be able to give some further news on that in the new year when, I hope, things have settled a bit more in Syria.

The noble Baroness mentioned people trafficking; I say that, yes, that is a crime we wish to crack down on. I mentioned the Schengen agreement, which is the piece of legislation we got an agreement on with the German authorities today.

The noble Baroness mentioned safe and legal routes, which are extremely important. She may not have seen it in the Statement, but it is a key part of government policy to ensure that people who need asylum can make those claims. If they are legitimate in this country, they can be processed quickly; if they are processed quickly, we can make some determinations that mean that we do not have to rely on the 200 hotels that the previous Government put in place, costing us millions of pounds each day; and, if there are safe and legal routes and people are agreed, they can integrate into UK society as asylum seekers who have sought, claimed and got asylum. The downside of that also remains: if people do not have a right to live in the United Kingdom and their asylum claims fail, we have to find mechanisms to remove them.

I hope that, overall, the House can welcome this as a positive Statement. I look forward to reaching out with a hand of friendship to the noble Lord, Lord Davies, to say that I hope that we can have some co-operation on these matters. We potentially share the same objective; we have simply had different means of getting there.

Asylum Support (Prescribed Period) Bill [HL]

Baroness Hamwee Excerpts

2nd reading
Friday 13th December 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I thank the leader of the pack for introducing the Bill with her usual combination of passion and rigour. I support it. I know that my views on migration and asylum-seeking are not in complete alignment with that of every other Member of the House, but the Bill is about people who have been accepted as refugees, and I hope we all believe in efficiency and humanity. I hope none of us believes in punishing people for being refugees.

I welcome the 56-day pilot as part of progress towards a permanent change, not just in the time period, I hope, but in the overall process. I too hope that the Minister will use the opportunity to tell the House, and importantly the sector and the people affected, the details: who and where; how information will be captured; how the pilot will be evaluated; how the Home Office, and all relevant departments, will work with local authorities, NGOs, landlords, banks, employers and everyone with direct experience, which includes refugees themselves; and how evaluation of the ALMO project will be incorporated, so that it is a single exercise, into the development of wraparound support for people granted status.

Local authority funding is of course an issue. The integration tariff for people on the Homes for Ukraine and Afghan schemes does not apply to refugees who have arrived via an asylum route.

I saw the Home Office reported as referring to a “time-limited” exercise

“as we clear the asylum backlog and transition to eVisas”,

and being

“committed to ending the use of hotels as we ramp up returns of failed asylum seekers”.

I found part of that objective and the messaging—the words used—less than wholly encouraging.

It strikes me as an irony that so many of those who seek asylum are professionally qualified, skilled, energetic and, I am sure, well organised. What must they think—this is a rhetorical question—about information about moving on coming in a series of separate letters, with confusion around effective dates and processes? There are so many aspects, as the noble Baroness said: homelessness, priority need and rough sleeping; children’s education being disrupted by moving; the need for contractors to provide support, not only physical accommodation; access to universal credit; e-visas. I could go on, but this is a short debate. The pilot is a chance to iron out problems and bureaucratic confusions and inconsistencies. I have heard it described as “fudge-adjacent”; I hope it is much more than that.

Yesterday, I met someone from an organisation in an allied field who said that the most encouraging words they could hear from a Minister are, “I’d like you to talk to my officials”. I would like the Minister and his colleagues in government to express a willingness to listen to and work with not my officials—I have not got any—but those who can contribute their direct experience to make the pilot a success.

Migration and Border Security

Baroness Hamwee Excerpts

Tuesday 10th December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Viscount makes an extremely important point. The Government have put in place an £11 million fund to support humanitarian aid. The Foreign Secretary has met his Turkish and Emirati counterparts and the UN special envoy, and he will look at those issues in due course. With due respect to the noble Viscount and others, if we were talking this time last week we would not have expected to be where we are now. Things are moving very speedily, but the Government are cognisant of the fact that they need to help secure the stability of a new regime and, at the same time, examine the consequences of that regime change in a way that encourages peace in the region.

[Baroness Hamwee (LD)]

My Lords, I will pursue the point about casework. Does the Minister agree that there is a balance between speed, accuracy and the application of all the humanitarian factors that one needs to keep in mind? Thinking about what it must be like to deal with the applications, I have only admiration for those who work on them. I do not expect the Minister to be able to answer this, but I wonder whether the Home Office is providing enough support for supervision, as well as general support for those faced with the applications.

I also want to mention asylum hotels, which the Minister mentioned. I hear an increasing call for support for people living in asylum hotels—more than just accommodation. Perhaps the Home Office can bear this in mind in its contracting of accommodation, because asylum seekers need more than just a roof over their head.

Finally, I will no doubt be showing my ignorance, but perhaps I could ask a question on the Statement. We are told that illegal working visits are up 34%. What are illegal working visits?

[Lord Hanson of Flint (Lab)]

First, on that point, legislation was passed in 2014 by the then Conservative Government, which the then Labour Opposition supported. I was the shadow Minister. It was to ensure that we crack down on illegal working in a range of establishments, for two reasons. First, individuals who are here illegally should not be exploited by unscrupulous employers. Secondly, in employing people illegally, those unscrupulous employers are undercutting the ability to pay decent wages and give decent conditions of service to people who work legally, while undercutting the costs of other businesses. Therefore, it is not appropriate. The Government are trying to up that, building on the legislation that was passed. I hope that I have noble Lords’ support in this. We are also looking at building on that legislation to ensure that we can take further steps accordingly.

The noble Baroness also mentions two aspects. One is asylum hotels. This is difficult, but it is the Government’s intention to end the use of asylum hotels at an early opportunity. We will be progressing that. At the moment, give or take one or two hotels, we are at the same number that the Government had in July, but we are aiming to reduce that significantly, because it is a cost to the taxpayer and, as the noble Baroness says, it is not conducive to the good health and well-being of those people who are in our care for that period of time. Again, that is a long-term objective. On her first point, we are trying to speed up the asylum system in an accurate way to ensure that asylum claims are assessed quickly. Then, where they are approved, individuals can have asylum, and, where they are not approved and people have no right of abode, they can be removed. At the moment, that system has no energy in it, to the extent that we want it to have. We are trying to put some energy into that system.

Refugees (Family Reunion) Bill [HL]

Baroness Hamwee Excerpts

2nd reading
Friday 18th October 2024 Lords Chamber

Moved by

[Baroness Hamwee]

That the Bill be now read a second time.

[Baroness Hamwee (LD)]

My Lords, perhaps I should start my speech with, “As I was saying,” given that this is the fifth such Private Member’s Bill from these Benches since 2017. My noble friend Lady Ludford introduced numbers 3 and 4.

I declare an interest as a trustee of a trust established by the noble Baroness, Lady Neuberger, which has introduced me to a number of young asylum seekers applying for funding to attend university. Like so many young refugees I have met, they have impressed me by their resilience and their determination to contribute to the UK.

The first purpose of the Bill is to provide in primary legislation, not just in amendable rules that can be changed without Parliament’s involvement or scrutiny, the rights of people who seek safety in the UK to be joined by their family. It is not enough to hope that the Home Office will use its discretion. The second purpose is to define “family”. It is an unambitiously narrow definition, in the hope that the Government will see this extension to enable children to sponsor immediate family to join them as modest and doable—she says looking straight at the Minister. The right to sponsor applies to people with protection status—that is, refugees—and those with humanitarian protection who are at real risk of harm if returned to their country of origin but not for the specific reasons which bring them within the refugee convention. I shall refer to them all as refugees. The third purpose is legal aid.

Since 2017, when the first Bill was introduced, the plight of refugees has not changed, nor have the UK’s moral obligations or the importance of family, which politicians continue to emphasise. However, the political context has not stayed still: the areas affected—afflicted —by conflict; the greater politicisation of immigration; the conflation of asylum and immigration; and small boats have succeeded the lorries and trains used by desperate asylum seekers. Last year, 7% of asylum claims were from unaccompanied children. The academic think tank UK in a Changing Europe reports that 33% of the public think that the figure is not 7% but 40% or more. There is a huge leadership role for government to be clear here.

This Bill sits squarely within calls for safe routes for refugees; I acknowledge that we have some, mostly very specific. I acknowledge that, under the new Government, families separated during the evacuation from Kabul airport will benefit from an expansion of the ACRS and that a child evacuated without his parents will be able to make a referral to relocate them or—GOV.UK says “or”—his siblings. But there is so much more to do to put safe routes in place.

Today is Anti-Slavery Day. We know the dangers of being in the hands of traffickers—a very real risk for children alone—and of extreme exploitation. The organisation Missing People is clear that being missing very often means harm. I hope the noble and learned Baroness, Lady Butler-Sloss, with her experience, will expand on this. Her report seven years ago found that closing off safe routes feeds the trafficking and smuggling networks.

Last year the Justice and Home Affairs Committee of your Lordships’ House, which I had the privilege of chairing, published a report on family migration. We were all affected by the evidence about children seeking asylum. A young Eritrean reached the UK alone after the sort of journey that is hard to imagine. His brother made it to Libya, which is not a good place to find yourself; he was picked up by traffickers. His sister was picked up at the border of Egypt and imprisoned there for two years. That committee is one of a number—in the Commons too—to have called for an extension to family reunification.

The Government’s response was:

“Our policy is not designed to keep child refugees away from their parents, but in considering any policy we must think carefully about the wider impact to avoid putting more people unnecessarily into harm’s way”.


Well, they are in harm’s way at home. There are plenty of “push factors”, but that Government often deployed the “pull factor” argument. As the noble Lord, Lord Kerr of Kinlochard, has said, it is “inherently implausible”. That Government’s attempts at deterrence in other contexts were not notably successful. We cannot prove a negative, but various respected organisations have reported that they cannot find support for the contention. It does not seem to me a compelling argument; indeed, there is evidence of children not wanting the Red Cross to trace their family in their country of origin for fear of endangering them.

What is compelling is the importance of family. They may not always be perfect, but being separated from your parents in childhood tends to have a significant impact on your mental health and well-being, indeed your very development. I know that other noble Lords will refer to the Convention on the Rights of the Child, as well as the European Convention on Human Rights. Siblings, too, are hugely significant; what a difference it must make in a strange country if you are with your brother or sister.

Our rules reflect a very westernised view of family. In many cultures, it is common for children of both sexes to live with their parents until marriage, and for three or four generations to stay together as a unit. Dependants are not as limited a cohort as we think of them. I have been urged to add more relatives to the list, and I well understand that; my own aunts were hugely important to me. I have said that the Bill is deliberately unambitious but, under it, the Secretary of State could add to the categories: criteria would include risk to physical, emotional or psychological well-being, and the interests of the child. I have heard the term “unexpressed grief” in connection with mental health, and “the freedom to be a child”.

There are benefits to society of supporting the integration of refugees. A moment’s thought will confirm what being settled means, in the non-technical sense, for refugees and for the rest of the population. It means stability; you can focus and achieve. If you are a child, you can focus on your education rather than being one of those described as “challenging” because you are always on edge, hoping your mother might be able to phone you.

Would there be a cost to the UK? Common sense tells me the contrary. Parents can take care of their children. We all know of the costs to local authorities of looking after children they are required to accommodate and support.

[Lord Murray of Blidworth (Con)]

Will the noble Baroness give way?

[Baroness Hamwee (LD)]

I am time limited, like others, but I give way.

[Lord Murray of Blidworth (Con)]

Perhaps the noble Baroness could inform the House how many people she envisages, on an annual basis, would be granted refugee family reunion status under these measures.

[Baroness Hamwee (LD)]

I will not go into that now; I do not have it in my speech. I am time limited and conscious of other people’s need for that time. I will happily tell the noble Lord later. From the tone of that question, he obviously opposes what I am saying. I will go into that with him later, but he does not have his name down to speak.

In 2018 the UK Government requested information from EU member states about the impact of their family reunion policies. The UK is quite an outlier in Europe. There was little assessment about public services or the costs to Governments, but Italy reported that it had seen no financial effect on public resources. If the noble Lord who has just intervened is worried about numbers, he might think about costs, which are another factor. I can tell the noble Lord that the Refugee Council and Safe Passage estimate an additional 240 to 750 visa grants—not sponsorships—a year.

I turn lastly to legal aid. Yes, of course, there is a shortage of lawyers, but family reunion needs to be in scope. Exceptional case funding is so exceptional as to be well-nigh invisible. The current rules are a maze, almost impenetrable to applicants and to many lawyers.

I urge noble Lords to see this Bill all the way through, and the Government to accept what it provides. At the last iteration, the Labour Front Bench was very supportive. I will not name the spokesman for fear of embarrassing him, but he was very senior.

I have received a lot of support from outside the House. The International Rescue Committee says that it

“welcomes and strongly endorses this Bill which would see children and young people, who have fled conflict and persecution, finally reunited with their loved ones in the UK”.

In 2020, 14 children from a London primary school who had read the book The Boy at the Back of the Class—I commend it to noble Lords—told me how sad they were about the plight of lone refugee children. The boy at the back of the class was an unaccompanied asylum seeker. They were happy, though, that the book had a happy ending. In fact, the fiction involved the intervention of the late Queen Elizabeth. One child wrote:

“It must be very scary … to be in a big new country surrounded by new people. A strong country like ours can help”.


I beg to move.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, I am grateful to noble Lords who have spoken in support of the Bill. I know that, for at least two, being here was not straightforward. I also put on record the support that I have been asked to mention by four who have had to be elsewhere—the noble Baroness, Lady Bull, and the noble Lords, Lord Dubs, Lord Kerr of Kinlochard and Lord Purvis of Tweed.

I thank the organisations that have briefed Peers for this debate and the individuals in them for all their work in the sector. I know how pressed they are. I will not name them all, other than to thank the Refugee Council—Jon Featonby has helped me so much to get this Bill and its predecessors to Second Reading.

I am sorry that, over the years, the noble Lord, Lord Sharpe, and I have been put into oppositional positions, as it were. It is not something that I wish at a personal level. He said that the system is not as dysfunctional as it has been painted, but I think that it is dysfunctional for the children whom we have been talking about.

The noble Lord also talked about playing into the hands of smugglers. It is widely regarded that establishing safe routes is the best way to address smuggling. I and the whole House look forward to a policy from the new Government on this. The Minister referred to a change of tone; I look forward to a change of policy and a change of law. The Government accept the importance of family reunion, but it is more than children joining their parents. It is illogical that it does not apply the other way round.

The term “exceptional” is prayed in aid, in respect of both legal aid and how the rules can be disapplied. I think that this separation should always be regarded as exceptional; it is the separation that is exceptional. I hope that there may be an opportunity to reflect with the Government, not against them. I anticipated a number of the objections that were made but, on resource pressures, several noble Lords made it clear that those pressures are best reduced by simplifying the rules and procedures. My noble friend Lord Oates referred to the processes; if they were smoother, that would save everyone an awful lot.

I am not going to take the time to refer to all the points that have been made but I realised that, since I have to wear spectacles, I could not see that I had rather more time left at the beginning. So I will take a moment to share with the House the responses that I received from the Migration Observatory, which I contacted to ask about numbers in preparation for this debate. It said that, as so many factors influence asylum migration, isolating the impact of family and reunion rights on asylum flows would be difficult statistically. However, it gave me two examples that it thought were instructive.

In 2016, Ireland changed domestic policy to enable children to sponsor family members and saw no significant change in numbers of unaccompanied asylum-seeking children in the two years following the change. Very properly, the Migration Observatory said that one could always argue that, absent the change, numbers would have been smaller, but this is again impossible to verify statistically.

The example of Norway, which has family reunion for these children, suggests that a small share sponsor family members to join them—just 12% from 1990 to 2015. The Migration Observatory also refers to a report by the Refugee Council and Safe Passage, which said that this small percentage is supported by anecdotal evidence from service providers in the UK, which say that separated children are often unable to locate their family members. This makes sponsoring them very difficult. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024

Baroness Hamwee Excerpts

Monday 14th October 2024 Grand Committee

[Baroness Lister of Burtersett (Lab)]

My Lords, these regulations were introduced by the previous Government, so a take-note Motion seemed more appropriate than a regret Motion as there was no time to debate them before the election. I am very grateful to my noble friend the Minister for meeting me to discuss them when he had hardly had time to breathe in his new role. My understanding is that the Government will look at them again as part of a wider review of detention matters, but I thought it important that we debate them now to ensure that noble Lords’ concerns are adequately addressed in the review.

Before I turn to the regulations, we would all find it helpful, I am sure, if the Minister could say more about the review when he comes to respond. In particular, what will it cover, what will be the timescale, will expert organisations be consulted and will both Houses be able to debate the outcome? This would also be helpful to the organisations that provided a joint briefing on the regulations—in particular, Medical Justice, to which I am grateful for its help. Here I should also declare my interest as a RAMP associate.

In effect, the regulations reduce the protection provided by statutory guidance to adults at risk in detention, which could increase the risk of the kinds of human rights violations uncovered in the Brook House inquiry. There are two main concerns. The first is the deletion of the key principle, introduced in 2016, that underlines the intention that fewer people with a confirmed vulnerability will be detained in fewer instances and that, where detention becomes necessary, it will be for the shortest period necessary. Of course, this concerns the wider question of the role of detention, which I assume will inform the more general review.

The second concern is about the reinstatement of the Home Office’s power to seek a second opinion from a contracted doctor on detained individuals who have already received an independent medical assessment that documents the impact and risks to their health of their continued detention. The second-opinion policy was in place from June 2022 to January 2024, when it was deemed unlawful by the High Court following a judicial review brought by Medical Justice.

Three main criticisms have been made of the policy. First, it introduces an additional delay, which could result in an unnecessary prolongation of the period of detention. Secondly, it exposes an already vulnerable person to the risk of retraumatisation. This was emphasised in a witness statement to the High Court from a clinical adviser at Medical Justice. Citing the Royal College of Psychiatrists’ general concern about how detention might trigger reminders of an original trauma, she warned of the dangers to mental health of a reassessment requiring a detainee to relive their experiences yet again.

Thirdly, the policy could have a detrimental effect on the quality of decision-making. Indeed, the UN Istanbul protocol counsels against downgrading the findings from external clinical assessments. There are good reasons why a detained person might be more willing to open up to an independent medical assessor than to one contracted by the Home Office, who might not be trusted. How are Home Office caseworkers, who lack medical knowledge, supposed to decide between any differences that there may be between an external assessment and an internal one? Adopting the lowest common denominator, where both assessors agree, is no answer. If the Home Office has concerns about any particular clinician, should it not take them up with the appropriate regulatory body, as argued in the witness statement to the High Court?

The Secondary Legislation Scrutiny Committee concluded that the data provided by the Home Office

“does not provide compelling evidence either way on the need for the second opinion policy”.

It therefore simply recommended close monitoring of its operation and the publication of the results. Can the Minister confirm that such monitoring is taking place and, if so, can he share any results at this stage?

Before turning to the Home Office’s justification for the new guidance, it might be helpful to put it in the context of the original official review of the welfare of vulnerable people in detention, conducted by Stephen Shaw, and the more recent official Brook House inquiry, chaired by Kate Eves. The Shaw review identified a systemic overreliance on detention and, in particular, that too many vulnerable people were being detained for too long and were not being protected adequately by existing safeguards. This led to the introduction in 2016 of the adults at risk statutory guidance, which aimed to improve protection for this group.

In addition to the statutory guidance, further safeguards are supposed to be provided by rules 34 and 35 of the Detention Centre Rules 2001, but the Brook House inquiry concluded that these rules were not being properly applied, so that adults at risk continued—and evidence, including the recent report of the independent Gatwick removal centre monitoring board, and new research from Medical Justice, suggests continue—not to receive the protection promised after the Shaw review.

Extraordinarily, when questioned by the Home Affairs Committee, Ms Eves said that she found it difficult

“to decipher exactly which of the 31 recommendations to Government are being accepted or rejected”.

A year on from the report, she concluded in media interviews that only one recommendation had been categorically accepted.

The lack of clarity in the previous Government’s response means they did not even get to the starting point when it comes to the monitoring of accepted recommendations, as called for by the Statutory Inquiries Committee’s recent highly critical report. Ms Eves expressed her disappointment to the HAC

“that I do not have confidence that, actually, there has been a meaningful engagement with what was really found and what the recommendations really mean”.

I hope that the new Government will look at this again, including via their review of detention, and that they will now engage meaningfully with the inquiry’s recommendations. May I ask for an assurance that this will be the case?

The Brook House inquiry and numerous other reports, including one just last week from the Royal College of Psychiatrists, have detailed the injurious impact of detention, particularly on the physical and mental health of vulnerable groups. One aspect emphasised by many is the absence of any time limit. According to Ms Eves, it is a profound cause of distress, due to anxiety and uncertainty. I ask that the current review looks again at the previous Government’s rejection of her recommendation of a time limit, which echoed that of countless reviews and reports, including from the HAC when it was chaired by the current Home Secretary.

In her evidence to the HAC, Ms Eves made it clear that she considered the regulations that we are debating today constituted a move in the opposite direction from what she recommended, as they appear

“essentially to be moving towards weakening the protections for vulnerable detainee populations”.

The Home Office’s justification for the regulations, set out in the Explanatory Memorandum, is that the purpose is

“to reflect the current Government’s priorities and approach to immigration detention”,

in response to the challenge of what it dubbed illegal migration, in contrast to the context and priorities of 2016, when the focus was on reducing the use of immigration detention.

Of course, the reference to the “current” Government was to the then Government and was made in the context of the Rwanda policy, which involved an expansion of detention. Happily, the Rwanda policy is no more and I believe that it is officially accepted that the seeking of asylum does not constitute illegal migration, as my noble friend in effect confirmed in Oral Questions last week.

However, regrettably, the Government have nevertheless announced that they will go ahead with the reopening of two detention centres, which has provoked widespread concern. Despite this, I hope that the Minister will be able to confirm that the new Government’s priorities and approach to immigration detention are not the same as the former Government’s and that they will prioritise the human rights of asylum seekers. I hope he will confirm that they will therefore withdraw these regulations in due course, as part of the wider review of detention policy. This would be consistent with the statement about detention made by a Home Office spokesperson last week in response to the IMB’s call for the end of the detention of families with children in the Gatwick detention unit. It said:

“We are fully committed to … providing a service which prioritises people’s safety and wellbeing”.


In conclusion, I hope this debate will encourage such an outcome. In the meantime, the SLSC encouraged us to press for further details on the Home Office’s plans for monitoring, reviewing and reporting on the changes, so I look forward to hearing what monitoring is currently being undertaken.

I finish by quoting from someone who has experienced detention: Jonah, who wrote a foreword for a recent Jesuit Refugee Service report detailing continued abuses after Brook House. He wrote:

“When I arrived in detention, the first thing I observed is that everybody … is treated like a prisoner. … I was in immigration detention for 7 months. It still affects me even today. Detention is like a war camp. They really want to break you, in the hope that you’ll leave and go back to a terrible situation. You are more or less treated like an animal … you’re just a number. In detention, nobody even knew my name … The horrendous things that the Brook House Inquiry brought to light continue to happen … Detention is a terrible place”.


We can all learn from those with lived experience of detention, so I hope that the current review will do so. I beg to move.

[Baroness Hamwee (LD)]

My Lords, I warn the Minister that during the previous Session the noble Baroness, Lady Lister, gained a reputation as a terrier on these issues. Actually, a number of us were badged as terriers, and she was the leader of the pack. She was very energetic in her critiques, particularly and quite successfully on the detention of pregnant women.

It is depressing to have to have this debate. When the Brook House scandal surfaced, three of us, cross-party, met the relevant Home Office Minister. I asked why the Home Office had not terminated the contract with the provider and whether the contract gave the Home Office the right to terminate in the event of such egregious behaviour. The answer was that the same individuals would be rehired whoever the provider was. This was not a matter of TUPE; it was about who would apply. I continue to have anxiety about the terms of the contracts that the Home Office lets, but, of course, commercial confidentiality means that one cannot go further than that.

We have not got the running of detention right, if there is to be detention, especially for more than a minimum period, but that is not for today either. However, this compounds the importance of guidance. I have always thought that anyone seeking asylum or who is detained, is likely to be vulnerable—this is “and” not “or”. I had forgotten that the 2016 Act refers to people who are “particularly vulnerable”. The whole of this population is vulnerable, but not all of them are protected under the legislation and the guidance.

International Law Enforcement Alerts Platform

Baroness Hamwee Excerpts

Monday 2nd September 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

My noble friend misinterprets me: I mean the years 2019 and 2020, when our exit from the European Union was completed—I was right in the first place.

In doing that, a gap was left. I give credit to the last Government for recognising that gap. They introduced I-LEAP, which has had 20 million searches and given 79,000 law enforcement users access to real-time data. Some 46 forces are now involved in that, and, with my support, the programme will move on to phase 2. What we need to do is look at a European-wide security agreement, which my right honourable friend the Prime Minister will do as a matter of urgency.

[Baroness Hamwee (LD)]

My Lords, the Minister has already answered the question that I planned to ask—and positively, which is encouraging. Instead, I will ask for his assurance that Border Security Command will have access to the new system—now and as it goes forward—given that smuggling and trafficking is rightly high on the Government’s agenda.

[Lord Hanson of Flint (Lab)]

I can give the noble Baroness the assurance that the Government are committed to undertaking that action. Phase 1 included 46 forces, in Scotland, Northern Ireland and England. We are looking to expand that, so that we can have real-time data—and, in future, real-time assessments of mutual sharing—to attack the real issues that matter to the people we serve: people trafficking, drug smuggling and terrorism, and a whole range of other criminal activity. That is the most important thing, and I hope that there is cross-party support in this House for the actions that the Government will take.

Statement of Changes in Immigration Rules

Baroness Hamwee Excerpts

Tuesday 14th May 2024 Lords Chamber

In conclusion, while I am supportive of the hard-cop Motion in the name of the noble Baroness, Lady Hamwee, using the proposed pause to consult urgently—the soft-cop option—is the very least the Government should now commit to. I beg to move.

[Baroness Hamwee (LD)]

My Lords, I have never been called a hard cop before, but in this context I take it as a compliment. “Regret” for us is a technical term, but it feels too mild for how I and I know other noble Lords feel about these changes. We are just those in the Chamber; it is the outside world and the impact on citizens that I regret hugely.

Knowing that the Liberal Democrats will be almost entirely on their own if we divide on a fatal Motion, I support the Motion in the name of the noble Baroness, Lady Lister, and everything she has said, and have decided to add a few points.

With regard to the intention to increase the threshold beyond £29,000 to £38,700, that is pretty much doubling the previous £18,600 without consultation or clarity about the policy objectives and at odds with the Government’s commitment to family life. I am calling on the Government to reverse the increase which is now in place and commit not to increase it in 2025.

The minimum income requirement has not been easy from the start, which was more than a decade ago. I used to think that spouse and family visas would be revised when a couple of Cabinet Ministers realised the problems for their children who had fallen in love with people from say, Costa Rica, the US, or, now, Italy because, as people have said to me quite frequently, you cannot help who you love. I was wrong about that, but I still hear the disbelief: “How can the Government do this to me? I am a British citizen”. I still hear stories like that of a gentleman from Swansea, which was and is a low-wage area; we are aware, of course, of the regional disparities in incomes. He was married to a Canadian woman, a teacher. She could not join him here because of the rules then, but she could have helped, if she had been allowed, to care for his disabled child, enabling him to work more hours and saving the state money. At a personal level this is distressing; at an intellectual level, it is nonsense.

I have heard distressing descriptions of the impact on a child separated from a parent. One child thought daddy had no legs because he could not see them online. I remember a radio call-in where the caller said, “You could move to your wife’s country and work there”. The British husband replied calmly, “But there is not much call for mortgage-broking in Nigeria”.

Apart from concern for the impact on individuals, no Government should set a tone for suggestions that, in effect, are, “Get out of the UK if you marry a foreigner”. Part of the Government’s justification for these changes is that they are necessary in the interests of the economic well-being of the country and people not being a burden on the state. As the noble Baroness, Lady Lister, has said, the NRPF rules do not apply in any event, certainly not for a long period—so what is the burden? Apparently, it is because the state has a responsibility to somebody who is destitute. I think that was what the Minister had to say in the Commons, but we are talking about such small amounts.

The Explanatory Memorandum talks about the

“wider ambition for the UK to be a high-wage, high-skill economy”.

Do we not need, for instance, people at the start of their careers: young teachers, young police officers, young scientists? They are not going to meet this requirement. The spouse family visas amount to about 5% of all entry visas. The Commons Minister set the context as “immigration numbers”. The Explanatory Memorandum refers to

“supporting the aim to reduce the overall level of net migration”.

The Minister in the Commons spoke of “protecting British workers”. From what? As the noble Baroness has said, the Secondary Legislation Scrutiny Committee has been hugely critical of the absence of an impact assessment or an equalities impact assessment. The rationale, it tells us, rightly, is not well explained. The reasons for these changes are inconsistent. It says in its report that the

“aims may all point in the same direction, but they could imply different appropriate levels for the threshold. The Home Office should be clear about exactly what is its intended outcome and then set policy accordingly”.

The committee’s report to the House includes its questions to the Home Office about the methodology basing a threshold on percentiles of earnings distribution for jobs eligible for skilled worker visas. I acknowledge that the Government introduced some transitional arrangements after the initial announcement of the increases in the threshold, but these changes were really just tweaks: £29,000 now will be £34,500, and then “at least”—I am very keen to hear what “at least” means—£38,700 “by early 2025”. I hope the Minister can be clearer about both those points.

That people need to know is not my principal criticism, but it is hugely important. People need to know, for instance, at what level their savings can be taken into account. The Secondary Legislation Scrutiny Committee asked the Home Office to consider mitigating actions and referred to relying on the income of the partner currently overseas. I would add that current earnings are not a bad indication of future likely earnings. It referred to relying on credible promises of third-party support. The answer, apparently, was that this would happen only if it would enable the Home Office to avoid breaching Article 8. The committee also referred to combining all financial resources such as savings and income from self-employment. The answer to that was “No”.

The Justice and Home Affairs Committee of your Lordships’ House, which I was chairing at the time, published a report in February last year on family migration that included the minimum income threshold as one of a number of items. I am going to quote a little from the report. We reminded readers of the Government’s commitment to family life, in the words of the Prime Minister, Rishi Sunak, who said:

“Strong, supportive families make for more stable communities”.


In a speech setting out his priorities for 2023, he said that, by being overly restrictive, family migration policies weaken families and undermine communities.

We took the view that family migration policies, of which this was one, fail both families and society—families, because the desire to join family members is a natural and understandable response, and the rules force families to live apart. The Home Office portrays family separation as a choice on the part of the family. We profoundly disagreed that it was a matter of choice. We said that we believed that policies that respect family life also benefit society. The interests of families and society are not in competition; they go hand-in-hand.

The Prime Minister also said:

“Family runs right through our vision of a better future”.


We agreed with that. This is a bad decision on the part of the Home Office. It is a brutal decision.

[Lord Kerr of Kinlochard (CB)]

My Lords, I am not quite sure what follows the soft cop and the hard cop; certainly not the fair cop. I would like to add three points to the case against these changes, which has been so brilliantly put by the two cops. I have two points about process, one about substance.

On legislative process, it is absurd to produce a 289-page volume of detailed changes with no impact assessment. It is really very odd to say at the time that the impact assessment has been prepared and will be published, “urgently”. That is what the document said at the time. We have now been waiting exactly two months. It was two months ago today that the papers came to Parliament.

I am grateful to the Secondary Legislation Scrutiny Committee for its two excellent reports. It rightly points out that, without providing adequate explanation of secondary legislation’s consequences, it is quite wrong to expect the House to approve it. Our scrutiny role is pretty vestigial at the best of times, but we cannot do our job at all if we are given no analysis of the consequences of the laws we are invited to pass. Refusing to tell us makes a mockery of the process and must verge on contempt of Parliament. So, I support both regret motions.

--- Later in debate ---

As I have set out, the Government approach decisions around immigration policy, including rule changes, with the rigour and care the public would expect. Our position is clear: family life must not be established in the UK at the taxpayer’s expense and family migrants must be able to integrate if they are to play a full part in British life. No one disagrees that migration has enriched our society beyond measure. The United Kingdom remains open to those who wish to come here and contribute to our services and economy, but the numbers have to be controlled and legal migration must be returned to sustainable levels. That is why we have taken this action and we are confident that our approach is in the best interests of the country.

[Baroness Hamwee (LD)]

My Lords, for clarification, can the Minister expand on the “at least” £38,700, whether there is a top limit, whether there will be consultation on it, and when the Government intend to make any announcement with regard to this?

[Lord Sharpe of Epsom (Con)]

I am afraid I cannot but, for now, at least means at least.