Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Baroness Hamwee Excerpts

Tuesday 7th June 2022 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I have two sentences. My noble friends referred to examples of problems encountered by the people affected. I am sure other noble Lords will have thought, as I did, that if there are problems at the border and if airlines cannot cope—and it is their bread and butter to deal with status—is it any surprise that employers, landlords and so on have difficulties too?

[Lord Paddick (LD)]

My Lords, the noble Earl, Lord Clancarty, comprehensively set out the concerns with this statutory instrument, powerfully reinforced by my noble friends Lord Oates and Lady Ludford in particular. On a positive note, the instrument adds categories of people who can rent housing, but I am afraid that is about it.

There are two revised codes of practice: one on civil penalties and how to avoid them if you allow someone to work who is not entitled to work, for example, and another on how to avoid unlawful discrimination—for example, between British citizens and someone who is not a British citizen but is allowed to work in the UK.

The codes of practice on non-discrimination say that employers should do a right-to-work check on every applicant, British citizen or not, so as to treat everyone the same, but the checks are not the same. British and Irish citizens can produce a passport, current or expired. Would the Minister comment on whether an expired passport issued when the holder was six months old would be acceptable as a physical document for an employer? EU citizens who have applied for settled status can produce a document issued by the Home Office showing that they have applied, in which case they are entitled to work, but the employer must also have a positive verification notice from the Home Office employer checking service.

As other noble Lords have said, for foreign nationals who hold a biometric residence card, biometric residence permit or a frontier worker permit, even these documents can no longer be used as evidence on their own of their right to work without using the Home Office online system in addition. As other noble Lords have said, that will now include Ukrainian refugees. EU citizens who have settled status are even further discriminated against as they have no physical proof that they have a right to work, and the employer has to rely entirely on what is a not entirely reliable Home Office online system.

Despite the codes of practice to help employers avoid discrimination, the codes of practice on how to avoid civil or criminal penalties for employing someone not entitled to work are themselves discriminatory, in that British and Irish workers can be employed on the basis of a physical document, current or expired, but everyone else, even if they have physical proof, has to get it checked by the Home Office online system. How many employers, particularly those employing casual labour or temporary staff, will take the quick and easy route and employ a British or Irish citizen, based potentially on an expired passport, rather than a foreign worker?

As my noble friend Lord Oates said, the Windrush Lessons Learned Review emphasised the need for the Home Office to listen to the users of the system. Those who have to rely on digital-only proof of their rights have consistently said that they want physical proof. The Government have not learned the lessons of Windrush. We support this regret Motion and will support the noble Earl if he decides to divide the House.

HM Passport Office: Backlogs

Baroness Hamwee Excerpts

Thursday 12th May 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

As always, my noble friend asks a very good question. I do not know the answer to it. I know that we have been engaging with the contractor and outlining that what is happening at the moment is utterly unacceptable, and I know that steps are being taken to rectify that.

[Baroness Hamwee (LD)]

My Lords, I hope that commercial confidentiality will not be cited as a reason for not replying to the question asked by the noble Lord, Lord Young. Following my noble friend’s question, have the Government had any discussions with the travel industry to ensure that passengers who are unaware of either these problems or the need to have a period remaining on their passport are alerted to the issue?

[Baroness Williams of Trafford (Con)]

In relation to this issue, I know that HMPO has sent nearly 5 million text messages to UK customers who hold an expired or soon-to-expire passport to advise them to allow up to 10 weeks when next applying—so communications are going out from our side. I do not know about other countries.

Queen’s Speech

Baroness Hamwee Excerpts

Thursday 12th May 2022 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, the noble Baroness reminds us how much we owe to those who have challenged the system.

A new legislative programme does not mean that the last programme is done and dusted. Even if secondary legislation is not required, guidance and codes of practice will be, because how things are done matters. The Nationality and Borders Act certainly requires them. The relevant sectors have experience in every part of policy-making, and the Government should take advantage of them and involve them. I got the very clear impression that the sector was not consulted appropriately on the part of that Act relating to modern slavery—which, sadly, represented a very retrograde step—but advances working with the sector can be made without legislation.

Earlier this year, the then anti-slavery commissioner published a report on slavery and trafficking risk orders and prevention orders. Importantly, these do not require the support of victims. We know that victims can find it impossible to give evidence in a prosecution because of their experiences, but who is checking that orders are complied with? Monitoring as well as evaluation is necessary if measures are to be used effectively; I mention that as one example of what could be many.

Of course, the Immigration Rules are, as you might say, a law unto themselves. Another bunch came into effect yesterday. We are told—I quote from the Minister’s letter, for which I thank her—that it is “necessary and proportionate” in connection with the UK-Rwanda partnership to ensure that they are applied. The letter says:

“Given the anticipated deterrent effect of the Partnership on people smuggling, this will help to quickly reduce the number of dangerous journeys and save lives.”


We on these Benches fear that the Government are actually creating more opportunities for people smuggling and trafficking. They are enlarging the smugglers’ business model by adding the new market of asylum seekers removed from the UK to Rwanda and desperate to get away from there.

The place of new technology in our lives will feature in this Session. I am lucky enough to chair our Justice and Home Affairs Select Committee, two of whose members are in the Chamber at the moment. It is a splendid committee. Our first report was published in March. Though we are yet to receive the Government’s response, the issues are so current and relevant that they are worth mentioning.

Our inquiry was on the use of new technologies in the justice system, particularly policing. Facial recognition is the best known but other technology is in use and development is fast. There are huge benefits, such as preventing crime, increasing efficiency and generating new insights that feed into the criminal justice system. However, there are a lot of “buts”. In the words of one witness,

“there has been so much excitement about the promise of big data that we have charged in and used tools just because we can.”

Another said that

“we should have a massive dose of humility about what the tools can tell us”.

Public and government awareness have not kept up in this Wild West. Each police force can commission and purchase tools from companies eager to get in on the market—some with dubious selling practices. There is no mandatory training in this sellers’ market and buyers know little about what they are buying because sellers insist on commercial confidentiality. Our committee calls for transparency through a mandatory register of algorithms used in relevant tools, as well as for a national regulatory body to set standards. We say yes to innovation with safeguards.

Localism in policing is really important but it is expecting too much for every force and police chief to be a well-informed and critical purchaser. Therefore, we say: certify, kitemark tools, and then forces can make reliable purchases. Clear principles with a legislative basis would allow regulation to support practice.

Criminal justice is high risk. Predictive policing sounds attractive but if the stats tell you that there is a lot of crime in a particular part of a city, you put extra police there and focus on it. You get more arrests. The stats go up so more resources are applied and so on. It takes only a moment to think of inequalities, bias, the rule of law and fair trials. How would it feel to be convicted and imprisoned on the basis of evidence that you did not understand and could not challenge?

We should use technology; we should not defer to it.

Nationality and Borders Bill

Baroness Hamwee Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I hesitate to rise after that excellent contribution from my noble friend Lord Alton, but I just want to express very strong support, obviously, for Motions C1 and D1 and, indeed, all the amendments in this group. I want to follow the noble Baroness, Lady Stroud, and support her Amendment E1 on the right of asylum seekers to work. She made a very powerful speech, and I certainly will not repeat any of the words that she said. We can do without repetition—everybody wants to get to the votes—so I will take one minute maximum.

The main argument of the Government against this amendment is that it would be a pull factor, attracting asylum seekers to come here. It is worth mentioning at this point that there have been fully 29 academic papers assessing whether a more generous right to work has anything to do with a pull factor for asylum seekers. All those 29 academic papers showed that there was no correlation whatever between the right-to-work aspect and asylum seekers’ attraction to this country. It is also worth saying that even if this amendment passes, we would still be the toughest of all European nations—there would be seven nations then—with a six-month ban on asylum seekers seeking work. All the rest of the European countries are more generous: they have shorter bans. That is incredibly powerful.

It costs money to do this. Is it really sensible to spend an unnecessary £300 million stopping people working; albeit we only pay these people—what is it—£5.75 or something a week, plus a bit for utility bills? We could save £300 million: is that not worth doing, just to be no more ungenerous than any other country in Europe? I suggest that we should support the amendment from the noble Baroness, Lady Stroud.

[Baroness Hamwee (LD)]

My Lords, from these Benches, I want to speak just to Motions E and H; my noble friend Lord Paddick will speak for us on the other amendments in this group. The Commons reasons on asylum seekers’ right to work seem to be completely circular: asylum seekers should not be permitted to work because they should not be permitted to work. In a way, I cannot argue with that.

The condition that the noble Baroness has added to her amendment is completely sensible. Ministers speak about undermining our economic migration schemes. I am aware that a great many asylum seekers disappear into the black economy. That undermines an awful lot of things.

The asylum seekers in question are impelled by significant push factors. I take issue with people who find it difficult to accept that. There is a distinction between what prompts fleeing one’s own country and choosing where to go. I accept that the English language plays a part in that second matter, but it really does not deal with the Government’s position.

Leaving aside—though I do not leave it aside—the importance of work to self-worth, dignity and so on, the overwhelming majority of asylum seekers in our country, and no doubt in others, want to play their part in society and want to pay tax. They have skills they want to use and which we should want them to use. The noble Baroness, Lady Meacher, has talked about the financial interests. I absolutely agree with her, and I am not going to repeat that. But it is in the interests of our society to allow asylum seekers to work. We support Motion E1 very enthusiastically.

With regard to family reunion, I agree completely with the noble Lord, Lord Dubs, regarding the Commons reasons and with others who have made comments on Commons procedure—it is not up to us, I suppose, to comment on it—and the importance of scrutiny. I doubt that the Commons reasons would go down very well with those many British people who have responded to the powerful images of, and other information about, families in Ukraine and leaving Ukraine which are incomplete, without husbands or fathers. The noble Lord has narrowed his amendment down, and I congratulate him on finding a way to bring it back. The crisis for Ukrainians is no different from other crises in conflict zones in countries where actions and the threat of actions against individuals are so extreme.

The noble Lord, Lord Dubs, my noble friend Lady Ludford and I have made it clear on a number of occasions, including in the various Private Members’ Bills, that what is being proposed today is the bare minimum. It is not even, in my view, the least we can do. But it is what we must do, and we support Motion H1.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I rise briefly to speak to Motions J and J1, to support the Government in respect of Motion J and to suggest that the House reject Motion J1, the revised amendment tabled by the right reverend Prelate the Bishop of Durham. I accept that this amendment, like the former amendment, is exceptionally well intentioned, but I think its practical results may not be as the right reverend Prelate and my noble friend hope.

We were reminded in Committee on 8 February by the noble Baroness, Lady Jones of Moulsecoomb, that we needed to see refugees as human beings. Of course, she is right. We have to do that. The noble Lord, Lord Alton, has already spoken powerfully this afternoon about the tragic cases around the world: 80 million, 30 million of them children, with horrifying stories to tell and urgent needs to be answered. My doubts are as follows.

The first is the potential inflexibility implied by the revised amendment. It suggests we must publish a numerical target for the resettlement of refugees in the United Kingdom each year. This is only half, or a quarter, or a slice, of the issue that this country is facing about the increase in our population, which is going up by between 250,000 and 300,000 every year. If we were to tackle this issue as we should be tackling it, we would take the right reverend Prelate’s amendment and say that the Government should set out their belief about what the total amount of new arrivals in the country should be. No Government have been prepared to grasp that particular nettle.

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Moved by

[Baroness Hamwee]

At end insert “and do propose Amendments 22B, 22C, 22D, 22E and 22F in lieu—

22B: Clause 49, page 55, line 42, after second “person” insert “or persons”

--- Later in debate ---

22F: Clause 52, page 58, line 15, after “conduct” insert “or contribute to”

[Baroness Hamwee (LD)]

My Lords, these amendments concern age assessments. The noble Baroness, Lady Neuberger, moved the amendment at the previous stage and apologises that she cannot be here today. We had a very helpful briefing from the noble Baroness, Lady Black of Strome—who I think for this purpose would term herself Professor Dame Sue Black—the interim chair of the interim scientific advisory committee. I thank the Minister for his letter listing the interim members and their positions, which of course indicate their disciplines. The amendments today flow from that meeting.

The Minister referred to mitigating risk. Of course, we understand that there is risk attached to assessing an age wrongly, but the most controversial part of the provisions in the Bill regards ionising radiation from X-rays, about which the British Dental Association has expressed particular concern. There are both ethical and scientific criteria in play here. The Commons said that our original amendments were not necessary, but, as I understand it, “not necessary” means, “Don’t worry, because current practice is good”. One of the difficulties with statutory provisions, as proposed here, is when they stand alone and you cannot look at other legislation which constrains them, if I can put it that way.

I assumed that the Minister would give assurances of the type that he has already referred to; indeed, I gave him notice by email earlier today and was grateful for the response from the Bill team. But without at all impugning the Minister’s integrity, it is important to hear from the Dispatch Box. I am always reluctant to accept that the best way to approach these matters is to seek assurances, when one really wants to see them in legislation, but I have been persuaded that this would be the best thing to do this evening.

What I have been concerned about and have asked for assurances on is that the Age Estimation Science Advisory Committee should include independent experts from across a range of fields reflecting, as the Minister said, “a range of possible biological evaluation methods”. Members of the current interim body include those with dental and dental-related expertise, but, personally, I would like to see a paediatric dentist on the list. I would like to see the regulations require the approval of the professional bodies which are so concerned. The Bill team responded to me that the regulations are a matter for government, “considering the challenges to the current age assessment process”. But that takes this issue into what are political matters, which is also part of the concern.

I also put it to the Minister that, as Sue Black told us, triangulation of different views and assessments would be brought together for a final assessment. It is important to involve professionals from very different disciplines, including those not represented on a scientific committee. I have mentioned ethics, and I would mention psychology as well. I am told that triangulation and my reference to an ethicist is part of existing practice, but I am seeking assurances for the future. It may be trite, but it is true that one can take absolutely at face value everything that is said about current practice—but the current Government will not always be the Government. One does not know what may happen in the future. It is harder to change legislation than it is to change practice, which is why one goes for the changes in legislation.

I also asked the Minister—I do not think he has covered this—about the benefit of the doubt given to the claimant, which we were told is existing practice. Again, one would like to see a legislative basis for this. I hope that the Minister can add to the assurances he has given on this and on other matters that other noble Lords—particularly the noble Baroness, Lady Lister, and the right reverend Prelate, who have been much involved with this issue—may raise. If so, I am not minded to divide the House.

--- Later in debate ---

[Lord Stewart of Dirleton (Con)]

I am grateful to the noble Baroness and was not aware of the remarks to which she referred. If the Minister in the other place has given an undertaking that he will go away and think about it, I will certainly row back from what I said—that it would be more of a matter of leaving it to the committee to say. If an undertaking has been given to revisit the matter, I am happy to depart from what I have said already.

We recognise the strength of feeling in the House about these matters. In particular, we recognise the strength of feeling about the ethical questions that arise out of the application of scientific techniques from which no therapeutic value flows directly—as was said at earlier stages in the debate. However, I repeat that our intention is to be guided by the views of the scientific committee which has been established. For that reason, at this stage, we cannot support the amendments, and we stand by the clauses which we have already tabled for the reasons I have set out.

On the matter of modern slavery, I will consider together Motions P, Q, R and S. I begin by commending to your Lordships’ House the government amendment that will exempt the credibility provisions in this part of the Bill from people who were under 18 at the time when they were most recently served with a slavery or trafficking information notice. But I say again that we cannot accept amendments to other clauses in this part. It is vital, I submit, that we are able to withhold the protections afforded by the national referral mechanism from dangerous individuals. I will not rehearse what I said in my opening submission about the manner in which the amendment as framed restricts too narrowly our scope for investigation. I consider it is not appropriate for me to make any concession to the noble Lord on this point, recognising though I do the principled basis upon which he has addressed the House, at this stage and previously in our deliberations.

With the utmost respect to my noble friend Lord McColl of Dulwich, we consider that the provision of a minimum of 12 months’ appropriate, tailored support to all those who receive a positive conclusive grounds decision and are in need of specific support is appropriate; it is “tailored” in the sense that it is directed to the individual facts and circumstances of the person in question. We do not think his amendment, as with that tabled by the noble Lord, Lord Coaker, is necessary.

On the verge of resuming my seat, I thank the noble Baroness, Lady Hamwee, for doing us the courtesy of contacting us by email and submitting a list of questions, which she went over in the course of her speech. I am greatly obliged to her for taking that step, which has enabled me to curtail my submissions at this stage still further.

[Baroness Hamwee (LD)]

My Lords, with regard to the questions around age assessment, and particularly the role of a dentist in all of this, the noble Lord, Lord Coaker, said it is remarkable that these concerns have to be raised. I would say it is remarkable that they have had to be raised again. There was the exchange in the Commons—I will come to that in a moment—and after the Commons debate on the Lords amendments, I asked about this, not on the Floor of the House; I have not heard.

In the debate in the Commons, in reply to a question about whether the process would include a practising dentist, the Minister, Tom Pursglove, said:

“I know that he has discussed this issue with the Home Secretary separately”—


I had forgotten that. He continued:

“I am not in a position to give … a firm undertaking today, but we will certainly take away and consider that particular point, and perhaps we could remain in contact on it.”—[Official Report, Commons, 22/3/22; cols. 264-65.]


As we have not heard any sort of assurance, I assume that this has not progressed any further.

The noble and learned Lord the Minister made the point that the Government do not appoint a body, interim or otherwise, of such illustrious people without listening to it. Government advisers have been known to have their advice ignored or dismissed. However, very reluctantly, I will not press this, so I beg leave to withdraw the Motion.

Motion N1 withdrawn.

Nationality and Borders Bill

Baroness Hamwee Excerpts

3rd reading
Monday 14th March 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I can be fairly brief. I support the amendments put forward to your Lordships’ House by the noble Lord, Lord Rosser. In particular, I refer to Amendment 9 in the name of the noble Lord, Lord McColl. I think we would all want to extend to him a speedy return to his place and thank him for all the work he does on behalf of victims of modern-day slavery. I mention my own interest as a trustee of a charity, the Arise Foundation, that deals with modern slavery and human trafficking.

It has been a pleasure to have co-signed amendments to Part 5 of the Bill in the noble Lord’s name but, like the noble Lord, Lord Rosser, I would have preferred that Part 5 was not here at all. I hope that the Minister, when she comes to reply, will be able to give us some indication about the cart-before-the-horse point that was made frequently during discussions on Part 5—in other words, when the new legislation on modern slavery will be laid before your Lordships’ House. I realise that she cannot give us an exact date, but is there some rough estimation of when we might expect to see that? After all, all these issues will be back on the table and open to amendment at that time.

I am sure that all noble Lords will join me in commending the noble Lord’s perseverance and persistence in the cause of improving the support and outcomes for victims of modern slavery over many years. I support his tidying up of Amendment 9 and trust that noble Lords will do the same. We have had the opportunity to improve the Bill for victims of modern slavery, and I am proud of what the House has done in undertaking that. There are still areas of concern, and the Government will know that the outcomes of the Bill will be monitored closely by those who work with victims of human trafficking.

In concluding, I ask the Minister whether the Government will publish the statutory guidance cited in Part 5, in Clause 64, before ping-pong is completed. If not, will it be published during the current Session of Parliament?

[Baroness Hamwee (LD)]

My Lords, on these Benches we support the amendments, but I ask the Minister to go back to the—to me quite worrying—announcement she made at the beginning of this debate, regarding the legislative consent Motions or otherwise. The fact that the Scottish and Welsh Governments do not support the Bill—I assume that is the political and, if you like, philosophical reality behind their stance—seems to raise not just political but practical and procedural issues and matters of enforcement.

I will refer to one issue in the Bill: the arrival or entry into the UK. If asylum seekers arrive at the coasts of Scotland or Wales rather than England, what is to happen? I understand that the Minister’s tone had to be quite neutral and not alarmist, but there are very serious issues related to this. I think the House would be grateful if the Minister were able to flesh out the position a little more.

[Lord Kerr of Kinlochard (CB)]

We have greatly improved Part 2 of the Bill, because it no longer flies in the face of the 1951 refugee convention as understood by our courts, all the other parties to the convention and UNHCR, the institution given the responsibility of overseeing the implementation of the convention. I really hope the Minister will ensure that her colleagues in the other place understand that many in this House feel very strongly about this and would be unlikely to change our view if we were again asked to consider the introduction, contrary to the convention, of a first safe country rule.

There is never a good time for a unilateral reinterpretation of international obligations, but there could not be a worse time than when there are 2.7 million refugees in continental Europe and the Russians are trampling on the 1949 Geneva conventions. We really need to hang on to our reputation for believing in a rules-based system and the rule of law.

Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)

Baroness Hamwee Excerpts

Friday 11th March 2022 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, although time is short, I want to acknowledge the splendid work of all the committee staff. It is invidious to pick out one, but I shall be invidious. I have become much more aware than I used to be how much a committee relies, without knowing it, on its committee assistant—in our case, the wonderful Amanda McGrath, whose title is now committee operations officer of the Justice and Home Affairs Committee. We also had a splendid chairman. As you would expect, the noble Lord, Lord Ricketts, deployed his powers of diplomacy and ability to find forms of words that left everyone satisfied.

To go straight to the impact of one aspect of legal procedure post Brexit—already referred to, but it merits emphasis—I give three examples. Pre Brexit, an English claimant involved in an Italian road traffic accident would have issued his claim against the motor insurer out of the English courts. Now, he might get a judgment that the Italian courts will not enforce. Following an accident at work in Sweden with Danish defendants, there is a good argument for jurisdiction in England, and the victim, who suffered head and lower limb injuries, would not need to travel, but again, there are enforcement problems because of procedural rules on the causation of injury in Denmark. Thirdly, the variation of an English maintenance order following a divorce five years ago is in court because of the uncertainty in the UK about the law regarding jurisdiction for maintenance claims. These three are all current examples of the time, money and emotional energy that is expended, and the involvement of the higher courts sorting out jurisdiction problems.

Well before we left the EU, legal practitioners foresaw problems for their clients—it is important to emphasise this: this is not a lawyer’s point—arising from the loss of the Brussels regulation, particularly in the areas of family law, child maintenance, international child abduction, divorce and personal injury. At the time of the negotiations, the Government, in the person of the then Advocate-General for Scotland, were sanguine about the workability—the user-friendliness, if you like—of what our report describes as

“a more complex and less effective web of international conventions and instruments.”

That web includes the Hague conventions—better than nothing, but far better is the Lugano convention, but that requires all current members to agree to UK membership. One member is the EU as an entity, not the member states; it has not agreed.

I wrote to the chairman of the relevant committee of the European Parliament before the decision but when it seemed to be coming over the horizon, committee to committee, urging its support for EU acceptance, as the citizens of all EU member states are affected, as much as UK citizens. He replied, quoting the Commission, that it recalled that

“the Lugano Convention supports the EU’s relationship with third countries which have a particularly close regulatory integration with the EU.”

Regulatory integration: this is the block.

The Brussels office of the UK law societies, to which I am very grateful, said that it “can’t complain about the MoJ’s commitment”, but that the position is affected by the state of the relationship between the UK and the EU, in particular, regarding Northern Ireland. Other noble Lords have referred to that relationship. Apparently, it thought that when France no longer holds the presidency of the Council, the Czech and Swedish presidencies which are to come will be more amenable.

What a sorry position. It is individuals who suffer. I know that this is not a Home Office responsibility, but, answering for the Government, I hope the Minister can comment in a positive fashion.

Home Office Visas for Ukrainians

Baroness Hamwee Excerpts

Thursday 10th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

There will be a temporary facility at Lille, but I want to put in context for my noble friend and others in the House the number of people who went to Paris compared with those who went to VACs in Poland. The number in Rzeszów and Warsaw was 10 times the number going to Paris, for obvious reasons. People are far safer to go to the nearest VAC as they exit Ukraine.

[Baroness Hamwee (LD)]

My Lords, the noble Baroness is very bold in giving assurances about the robustness of the IT, which I was going to ask about. As well as information being available in the correct language, will she explain more broadly how information will be disseminated and made available to all those at the border who must be very uncertain and have great difficulty in finding that information?

[Baroness Williams of Trafford (Con)]

The noble Baroness raises a crucial question because those who are not well informed at the border could potentially find themselves at the mercy of traffickers. There is a lot of activity and assistance at the border to ensure that people are signposted to the right place. Dispensing with the need for people with Ukrainian passports to go to a VAC will speed up their passage here.

Nationality and Borders Bill

Baroness Hamwee Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to support Amendment 64A. Any way that we can make our systems fairer is something we must aim for. The Home Secretary said yesterday in the other place that we have a “unique scheme” for accepting refugees. Yes, it is a unique scheme. It is uniquely complicated. It is mean spirited. It is slow compared with those of every other country in Europe. It is not something to brag about. Quite honestly, sometimes I hear things said in the other place and in this Chamber, and I am ashamed to be British.

[Baroness Hamwee (LD)]

My Lords, my name, on behalf on these Benches, has been added to Amendment 64A. The House will be glad to have heard some very compassionate and rigorous speeches.

The noble Baroness, Lady Fox, talked about trust. Of course, that is hugely important. It may be the circles that I move in, but what young asylum seekers say—what many asylum seekers say—is not taken at face value; quite the contrary.

The noble and learned Baroness, Lady Butler-Sloss, talked of the young Afghanis whom she met. Amendment 64 refers to “demeanour”—I know that is not the term of the noble Lord, Lord Green, but it made me reflect on the fact that, as regards demeanour and appearance, we must be very careful how we regard people of a different culture from our own.

On Amendment 64A, so much of age assessment, as the Government present it, is about science. In Committee, the noble and learned Lord, Lord Stewart, acknowledged that there is no silver bullet, but the Bill itself and the Government’s argument rely very heavily on scientific assessment, although the scientific methods specified in the Bill are only physical examination and measurement and analysis of saliva, cell, DNA and other samples. So, it is particularly worrying that the relevant professional bodies are so loudly and clearly opposed to these provisions on the basis of ethics and because of concerns about the accuracy of tests and measurements.

A lot of factors are—or should be—in play in assessing age, using a range of professional skills. The Home Office fact sheet also acknowledges that there is no single method, scientific or not, that can determine age with precision, but then makes a particular point of referring to the Home Office chief scientific adviser. I ask the Minister: what disciplines will be covered, and will it involve professionals in the psychiatry and psychology parts of the scientific/medical world with qualifications, expertise and experience in assessing and treating young people who have gone through the experiences that young asylum seekers have frequently gone through? They must also have experience in dealing with asylum seekers and others who have undergone traumatic experience, dealing with them in a trauma-informed way and avoiding retraumatising them. I refer noble Lords to my Amendment 84C, which will be the very last to be discussed in this debate, probably some time tomorrow morning.

Clause 51(7) provides that the decision-maker must

“take into account, as damaging the age-disputed person’s credibility … the decision not to consent to the use of the specified scientific method.”

Clause 52(1)(f) provides for regulations about

“the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.”

I leave it to noble Lords to assess for themselves where that is leading or where the Government would direct us. How all that works, with the standard proof being the balance of probabilities, I am really not expert enough to be sure, but, taken together, it all worries me. I commend the rounded approach of Amendment 64A.

[Lord Carlile of Berriew (CB)]

My Lords, given that misrepresentation of age is a matter of concern, it is very important that the determination of age should be conducted in a way that is robust, certain in application, equitable and reliable. In my view, Amendment 64A, in the name of my noble friend Lady Neuberger, absolutely fulfils those criteria; indeed, it is a template for such criteria. I strongly support the amendment and adopt everything she said.

Age assessment techniques must be proportionate and fair. If any intrusive measures are to be taken—including dental X-rays, for example—that must be based on proven evidence of scientific reliability, not vague opinions that it might add something. It must be done in a service setting that is suitable for dealing with children, who are the vast majority of the customers under consideration in the cohort we are discussing. I commend proposed new subsection (5) to your Lordships, because it sets out the principles behind my noble friend’s amendment concisely and correctly, in a way that I am sure is the envy of some parliamentary draftsmen who have tried to draft something along similar lines before.

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[Lord Morrow (DUP)]

My Lords, I will make a brief contribution to this debate—when I say “brief”, I mean it. I commend those who have already spoken for their powerful speeches, and I trust that they will be enough to convince the Government that they should in fact adopt these amendments.

I started my speech in Committee by saying:

“For victims of modern slavery, escaping from their exploitation is only the beginning of their journey towards recovery.”—[Official Report, 10/2/22; col. 1885.]


The noble Lord, Lord McColl, has known this for a long time and has consistently brought this message to your Lordships’ House. I of course will support Amendment 70 today, and I trust that it will be pushed to a vote.

The Northern Ireland Assembly has also been debating longer-term support for victims, and, just yesterday, it agreed that it should be available for up to 12 months, or longer, if needed. But that recognition makes the inclusion of leave to remain for victims who get that support acutely relevant to victims in Northern Ireland. If they do not have the ability to remain in the UK, the option of support is just illusionary. We are snatching away hope for recovery and a different type of future, free from exploitation.

We need the Government to be an enabler of recovery for victims across the UK and to provide, through temporary leave to remain, an environment where victims can co-operate with prosecutors. We need to be clear that the UK is a very hostile place for traffickers. Amendment 70 builds on the success of the modern slavery legislation across the United Kingdom jurisdictions and puts the needs of genuine victims on the statute book. The UK has prided itself on being at the forefront of providing for victims of modern slavery; let us continue that tradition by voting in favour of Amendment 70, which I commend to your Lordships’ House.

[Baroness Hamwee (LD)]

My Lords, this is another occasion when, from and on behalf of these Benches, I can say that we agree and can edit my remarks down—although not completely. Between us, my noble friend Lord Paddick and I have put our names to all of the amendments, save that of the noble Lord, Lord Alton—nothing was meant by that except that it slipped past us—and we support them all.

The noble and learned Baroness referred to the combination of seeing victims of trafficking through the lens of immigration, as if this is all a single issue, ignoring the trauma and exploitation they have suffered as victims. I add that, of course, not all victims are immigrants. In fact, the minority are, so far as we know —there is a lot that we do not know yet. The Independent Anti-Slavery Commissioner has commented that the Bill creates

“a distinction between victims who are deserving of support and those who are not”,

like deserving and undeserving refugees.

I will go back to trauma, which was referred to by the noble and learned Baroness. There seems to be an assumption that, if a story varies, even in a small detail, from one day to the next, the whole must be a lie. The noble Lord, Lord Alton, mentioned legislating in haste; I say that it is not us who repent at leisure but the victims who suffer hard at leisure.

I am no great fan of using domestic legislation to construe and apply an international treaty—I support Amendment 68A, but I simply pre-empt the point being made against me, referring back to previous amendments. It is a very neat way of not disqualifying victims from protection, other than in very limited circumstances. It is very difficult to see how the Government could oppose the amendment on the best interests of the child, if we are truly concerned about child victims. The noble and learned Lord, Lord Stewart, said in Committee that the Government do not consider that Clause 62 would prevent victims coming forward because of the “discretionary approach”. He said:

“All of us ... want victims of modern slavery to continue to come forward for identification and support, irrespective of their personal circumstances or the circumstances in which they came to be exploited.”—[Official Report, 10/2/22; col. 1877.]

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[Lord Kerr of Kinlochard (CB)]

I will speak in support of my noble friend Lord Sandwich. This amendment would take us back to the pre-2012 situation. There is no doubt—there is overwhelming evidence—that not being able to change employer means that these luckless people get stuck with an abusive employer in some cases. This is easily remedied. I agree with the noble Earl that the amendment is skilfully drafted. It proposes a modest change that would undoubtedly do good, and I very much hope that the Minister will be able to accept it.

I detected a slight trace of politics coming into our debate on Amendment 75. I was a Sir Humphrey once, and I commend to the Minister “unripe time”, which is very good, and “due consideration”—“shortly” is very dangerous. Seriously, I see no difficulty with an investor visa, provided that it is for a real investment that is actually invested in plants, machinery or jobs in this country. What worries me is that it is sufficient simply to hold some gilts for a short period and then sell them again—I do not think that that is good enough.

[Baroness Hamwee (LD)]

My Lords, golden visas and gilts—exactly. I am pleased to have my name to the right reverend Prelate’s amendment, which I moved in Committee as she was unable to speak to it—she had to leave part way through. The amendment from my noble friend Lord Wallace is very topical—sadly topical; having continued for far too long and being topical throughout the period, is the position of migrant domestic workers.

By definition, I failed to persuade the Minister in Committee. She cited James Ewins’s report about the length of stay and the likelihood of exploitation. The report made two key recommendations. One was about information meetings, which I understand have fallen into disuse, the other was the partial but significant relaxation of the visa tie, on which he said

“the existence of a tie to a specific employer and the absence of a universal right to change employer and apply for extensions of the visa are incompatible with the reasonable protection of overseas domestic workers while in the UK”.

I hope the right reverend Prelate has more success than I did on the previous occasion and if she does not, then I hope the group meeting with Home Office officials does.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this is an odd group because it contains two important issues almost at opposite ends of the spectrum. On the one hand we have low-paid, migrant domestic workers with very little in the way of rights and at risk of exploitation because of their precarious visa status and at risk of destitution and deportation if they cease to work for their specific employer. On the other hand, we have this visa category designed for the super-rich. It is part of a global order where being rich entitles you to buy politicians, avoid taxes and be exempted from the normal visa rules that bind the rest of humanity. It is almost poetic for these contrasting issues to be joined together in the same debate.

I had a dream last night that we had a snap general election which would have meant that this Bill, along with the police Bill and others, would have fallen. I woke up very happy. However, the consequence of both these issues is the same. It is exploitation. The migrant domestic worker visa almost guarantees exploitation of the workers by the super-rich and the tier 1 investment visas almost guarantee exploitation by the super-rich. Suddenly, the Government care about oligarchs abusing the very rules that the Government put in place to help oligarchs gain access to our country. It should not have taken an illegal war for the Government to pay attention to these very obvious consequences.

There is an inevitable immorality to becoming super-rich, whether the wealth was acquired through underpaying workers, misappropriating assets during the dissolution of Soviet Russia or the theft of resources from developing countries. It is very hard to become super-rich with a clean conscience. It was obviously wrong to establish a golden visa system for the super-rich. It corrupted the immigration system and gave special rights to the global elite. The Government should never have done this and should end it completely.

I will vote for both these amendments. Could the Minister make my dream come true and accept all these amendments so that at least we have a Bill that we can possibly swallow?

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Moved by

[Baroness Hamwee]

84C: After Clause 78, insert the following new Clause—
“Assessments: trauma-informed approach
(1) All assessments of persons subject to immigration control or relating to modern slavery or human trafficking must be made on the basis of a trauma-informed approach.(2) The Secretary of State must publish and keep updated guidance for caseworkers and others dealing with such persons regarding the use of such an approach in achieving best evidence in order to reach decisions.(3) The Secretary of State must ensure that caseworkers and others to whom the guidance under subsection (2) applies receive appropriate training to ensure assessments under subsection (1) are conducted on the basis of a trauma-informed approach.(4) Before publishing or updating the guidance in subsection (2), the Secretary of State must consult—(a) the Royal College of Psychiatrists,(b) the British Medical Association,(c) the British Association of Social Workers, and(d) any other persons they consider appropriate.(5) In subsection (1) “a trauma-informed approach” includes—(a) the recognition of the impact of trauma on individuals,(b) the recognition of the causes and indicators of trauma,(c) the importance of avoiding re-traumatisation, and(d) the integration of knowledge about trauma into policies, procedures and practices.”Member’s explanatory statement
This new Clause is aimed at ensuring that immigration officials and caseworkers operate a trauma-informed approach in assessing claimants and provides for training to ensure a capacity for trauma-informed interviewing, similar to Ministry of Justice and National Police Chiefs’ Council guidance on achieving best evidence in criminal proceedings.

[Baroness Hamwee (LD)]

My Lords, Amendment 84C would provide for a trauma-informed approach to assessments of persons subject to immigration control or relating to modern slavery or human trafficking—not the first time this has been referred to during the course of the Bill. I am grateful to the noble Baroness, Lady Hollins, for adding her name to this amendment. She has had amendments regarding codes of practice, but the whole issue has been central to much of the Bill. Government processes and actions should be trauma-informed.

Both the Ministers who have responded on these points have rested their arguments on asylum seekers having access to healthcare, but the point is much wider. I have attempted to spell it out in an amateurish way, but the point must be emphasised, even at what I described when making my notes as “stupid o’clock.”

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[Baroness Williams of Trafford (Con)]

I thank noble Lords for their comments. I say to them, in particular the noble Baroness, Lady Hollins, that the impact of traumatic experiences is writ large throughout the whole decision-making process in the asylum system. For example, the asylum interview policy guidance includes a specific section on

“Victims of torture or other trauma”,


and this supports interviewers to create a suitable environment for claimants who have experienced trauma to explain their claim. The impact of trauma has also been carefully considered in the drafting of the Bill.

In relation to modern slavery and human trafficking, we are acutely aware of the trauma that victims of modern slavery may experience, and already recognise the impact that this trauma might have on a potential victim’s ability to even recognise themselves as a victim or indeed be identified. We are committed to identifying victims of modern slavery as quickly as possible and ensuring that they receive support as early as possible too.

The effects of trauma are already considered as part of the decision-making process and included in the current modern slavery statutory guidance of the Modern Slavery Act 2015, and they will continue to be applied in decision-making. There is a code of conduct for all professionals working with survivors of human trafficking and slavery, published by the Helen Bamber Foundation, and The Slavery and Trafficking Survivor Care Standards, produced by the Human Trafficking Foundation. We will build on this approach in updated published guidance, ensuring that decision-makers have the tools to recognise the effect that traumatic events can have on people’s ability to accurately recall, share or recognise such events. This will give decision-makers the flexibility to take a case-by-case approach and the tools to recognise the possible effect of exploitation and trauma and ensure that decisions are based on an understanding of modern slavery and trafficking.

We will also continue to engage with the six thematic modern slavery strategic implementation groups, bringing together government, the devolved Administrations, NGOs and businesses. We recognise that modern slavery remains a rapidly evolving area, and it is very important that the guidance be continually updated to ensure that it is reflective of current policy and practice.

In summary, I hope that I have explained that trauma-informed decision-making is writ throughout the whole asylum system process, and I hope the noble Baroness will be happy to withdraw her amendment.

[Baroness Hamwee (LD)]

My Lords, this noble Baroness will withdraw my amendment but not that happily, I am afraid. It refers not only to interviews and so on but to policy-making. If it is actually incorporated in policy-making, why have we, during the course of the Bill, been discussing how delays are treated and late evidence? Only today—or yesterday—we have discussed inconsistencies in evidence. The amendments are aimed at the whole of immigration control, which would include, for this purpose, asylum seekers as well as slavery and trafficking.

I am afraid that the words may be there on paper—and my words can only be on paper—but I have had the clear impression, not only during this Bill, that the process and the policy-making are not trauma-informed. I do not know how many Members still remain in the building on the government side, but it would be inappropriate and have no effect to tax the patience of those who remain by dividing the House. I beg leave to withdraw the amendment.

Amendment 84C withdrawn.

Nationality and Borders Bill

Baroness Hamwee Excerpts

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

[Lord Etherton (CB)]

I have two amendments in this group, but they are quite distinct from what has been debated so far and distinct from each other. One is concerned with Clause 32(5) and the other concerns Clause 36(1). Because the amendment to Clause 32(5) is a manuscript amendment tabled only today, if I may, I shall start with that to Clause 36(1), because your Lordships will be familiar with the background to that.

Clause 36(1) seeks to define, for the purposes of the convention, the meaning of coming “directly” to the United Kingdom from a country of persecution. The same definition was relevant to Clause 11, because that cross-refers to the provisions of Clause 36, so we have in Clause 36 as a matter of proposed domestic legislation and as a matter of interpretation of Article 31 of the convention the same definition of arriving “directly”. Your Lordships will recall that the issue was whether, as the Government contend, if an asylum seeker passes through an intermediate state on the way to the United Kingdom from the place of persecution—through a place considered to be somewhere they ought reasonably to have applied for refugee status—they have not come “directly”. In fact, the only way they could come directly, if they are surrounded by other countries—Ukraine is a good example—would be to fly.

The House rejected that definition, because it accepted the amendment to remove Clause 11. It expressly rejected that definition of arriving “directly”. Amendment 46 simply takes out the corresponding provision in Clause 36(1), which was incorporated in Clause 11 but would otherwise simply remain at large but, so far as I can see, would have no relevance whatever to anything else in the Bill. If I am wrong on that and there is some purpose in retaining Clause 36(1), although that interpretation of arriving “directly” was rejected by the House when it approved the removal of Clause 11, the House would want to know what it is being retained for: why it is being retained and in relation to what other provisions in the Bill. My amendment would remove Clause 36(1) from the Bill.

[Baroness Hamwee (LD)]

This is another of those occasions when saying “From these Benches, we support” and not much more must not be taken as any lack of support for all the amendments in this group, nor any dilution of the points made.

I just want to register concern about Clause 32(2). The noble Baroness, Lady Lister, spoke to this and I record our support, particularly for the amendment that deals with what is meant by “a particular social group”: that you do not qualify unless the group in question is perceived as being different by surrounding society. As has been pointed out to noble Lords in briefings, a trafficked woman would need to show not only that her status as a trafficked woman is an innate characteristic but that trafficked women as a group are perceived as having a distinct identity in the country of origin. That is very difficult to show. Judged by the perceptions of the society in her country? It would be very challenging to find objective evidence on that, and on that being a distinct group. It is very dangerous to suggest that one can tell those things by looking—or, rather more accurately, perceiving.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I spoke at some length on the legal aspects of this group of clauses in Committee and, having had the advantage of being able to indicate an overall view of them in the newspapers earlier in the week, I really do not want to try the patience of the House, and I certainly do not want to weaken rather than strengthen the number of compelling arguments that have already been heard on them in the past few minutes.

However, they are such objectionable clauses that I cannot simply remain silent. I do not criticise the Minister for this, I am a great admirer of his, but on Monday, at 5.49 pm, in the middle of the debate, we finally got a seven-page letter that sought to argue—if only I were still a judge and could deal with the arguments conclusively by rejecting them—the Government’s case for redefining the requirements of the convention.

When we come to Clause 31, the Minister, very fairly, recognises that it would overturn 25 years—a quarter of a century—of settled jurisprudence of the clearest authorities in this country. That is how we have been dealing with it for 25 years. He does not say that it was a wrong approach to the convention; all he argues—as I say, I do not accept it—is that what they are doing provides another possible interpretation of the convention. Is this really the moment at which to reject our established jurisprudence and substitute for it what may or may not—I would say not—be an arguable alternative view of the whole of this.

Clause 31 rejects what has been accepted as the holistic approach: you look at fundamental question arising under Article 1(A) of the convention in the round, you take all circumstances into consideration and you apply the standard of proof of reasonable likelihood—because heaven knows that is the standard which you should be using. You do not carve it up and create endless difficulties, and then say, “Well, actually, part of it has got to be on the balance of probabilities”.

I have quoted this before, and I will end with this: Hugo Storey, a recently retired judge of the Upper Tribunal who has spent his life dealing with these sorts of cases and is the immediate past president of the International Association of Refugee and Migration Judges, said that this clause would produce prodigious litigation and endless problems, and that it is not compliant with the way that the UNHCR wants Clause 31 to be applied. I will not go into the arguments on Clauses 32, 34 and 36—they are all objectionable, for the reasons already given. We really must vote down as many of these as we can.

Nationality and Borders Bill

Baroness Hamwee Excerpts

Lords Hansard - Part 2 & Report stage
Monday 28th February 2022 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My apologies; it is getting late.

I am very pleased to support this amendment. When we debated it in Committee with regard to children and families, the Minister said that there were no current plans to place them in accommodation centres but that if a child was destitute and there was a place for the night, she could not say that the child would not be so placed. However, she promised to think further on the points made and I hope that she has been able to do so. I have two reflections which build on what the right reverend Prelate has said.

First, the Minister suggested that a child in a family, who was destitute, might have to be placed in a centre, but given that she told us that such centres were only for people who are destitute anyway, I am not sure how much comfort to take from that. Can she elucidate further please? Can she also confirm that it would only be for a night, or possibly two, that a family would be housed in an accommodation centre as an exception, which was what she implied? Can she give us an assurance that no family with children will be placed in a centre for more than the briefest of time in an emergency?

The Minister also reminded us that unaccompanied asylum-seeking children would not be placed in such centres. As the right reverend Prelate said, it would be good to have absolute assurance to that effect. Can she tell us what will be the position of a child who turns 18? Might they be moved into such a centre at that point? It is impossible to consider this group without also taking into account the fears expressed by many organisations that the age assessment clauses, which we will debate later, could mean many more children wrongly being assessed as adults. Therefore, in practice, unaccompanied children might be housed in such accommodation, which clearly the Government rightly consider unsuitable for unaccompanied children. What safeguards can there be against that? In Committee, I also asked the Minister what assurances she could give us that the use of accommodation centres will be accompanied by more robust screening and protection than exists at present, to ensure that those with particular vulnerabilities are not housed in such centres.

However, no such assurances were given, other than the repeated statement that there will be individual assessment before placement in accommodation centres. None the less, it is clear from various sources of evidence that such an assessment does not exist at present nor is it providing effective screening for those with particular vulnerabilities. Indeed, the APPG on Immigration Detention, of which I am a member, has been told that, despite the June 2021 High Court ruling, there does not appear to be any significant improvement in such assessments. Charities report that people with particular vulnerabilities continue to be accommodated in Napier barracks. Therefore, can the Minister tell us what is being done to improve the assessment process?

Finally, as a fellow insomnia sufferer, the Minister said she would take back the point I raised about the impossibility of sleeping in Napier barracks dormitory-style accommodation because of the constant noise at night. I wondered if she had anything to report on that.

[Baroness Hamwee (LD)]

My Lords, I do not make light of the difficulty of providing accommodation. Batting the blame between central and local government, as is sometimes done, is not going to advance the issue at all. As the right reverend Prelate has said, the debate in Committee focused on Napier. I thought it rather conflated accommodation of asylum seekers on arrival with long-term accommodation. Only a decade ago, my honourable friend Sarah Teather MP—as she was then—achieved very significant change, as a Minister, in both the law on, and the attitudes towards, the care of children with families in detention and subject to removal. More recently, we have had Stephen Shaw’s report on the impact on vulnerable people, and so on.

I accept that the Minister will say that the accommodation in question is reception and not detention. In a way, that is my point. The objective must be to receive people thoughtfully, humanely and in a welcoming and supportive way. Accommodation centres must not feel like detention. There was some discussion in Committee about whether people would be able to leave them—not for specific appointments, but because they felt like going out for a walk. The way that they are designed, organised and staffed is absolutely essential to their good working. The Explanatory Notes refer to “efficiency”. I do not think that this is incompatible with the approach that I have outlined, but they also refer to “compliance” and that worries me more. I wonder why that merits a separate mention.

This amendment demonstrates the concerns of the sector which arise from experience over a long period. I missed signing it by a couple of minutes on the day it was tabled by the right reverend Prelate. However, on behalf of these Benches, we support it.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to offer Green support for this amendment and to address one specific point and one specific question. The right reverend Prelate, in introducing this, set out how little we know about what is proposed of these accommodation centres, and how much we know of their horrors. In Committee, the Minister and I discussed a particular horror with which I had personal contact during the Covid pandemic.

I also note that there is a continuing situation where the High Court ruled that people in hotels and other accommodation are entitled to £8 a week to meet some of their basic needs. This includes being able to afford a bus fare to attend an interview, or to buy some basic hygiene products. Looking at the list of people who the right reverend Prelate has included in this amendment, it is worth a question here. Imagine being a parent of a child and not ever being able to buy any sort of treat for your child. If the child really wanted some little piece of food, the parent would not be able to buy it. Instead, they would get only what is provided in the three meals a day in the canteen.

I know that we are still waiting for a description of what these accommodation centres are like. Can the Minister confirm, following the High Court ruling, that there will be at least a very small basic payment for people in the accommodation centres so that they can have some kind of choice and some kind of life?

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[The Lord Bishop of Durham]

My Lords, I fully support the amendment from the noble Baroness, Lady Stroud, and my noble and right reverend friend behind me here supports it as well. I will speak to the amendment from the noble Lord, Lord Coaker, and the two amendments from the noble Baroness, Lady Hollins, which I fully support.

We may have 125,000 asylum seekers but let me focus on two. This is why I support both amendments. One is an asylum seeker who lives in my area who heard from the Home Office within the first three weeks of arrival then heard nothing for 12 months, in spite of inquiry after inquiry. That is why we need a code of practice. That is why we need better ways of working. It beggars belief what that says to him about how he is seen in our society and by our society. That is, of course, told time and again.

The second case is an Afghan who came out last summer on the planes and whose family is still in hiding in Afghanistan. Last week they were hunted by the Taliban; they escaped. He sent me through last week the letter he had just received from a Home Office official. It is four lines long, giving him the number that he has been allocated, with not one jot of sympathy about what he might be facing.

I accept that the official will not know or be able to verify the story that I have heard but the processes themselves do not treat people as people. They treat them as case numbers. We need the kinds of provisions that the noble Baroness, Lady Hollins, has proposed and we need to deal with these cases much faster. That means we employ more people and we upskill them. That is why I support the amendment from the noble Lord, Lord Coaker. The right to work falls away, as the noble Baroness, Lady Stowell, noted. That is not going to happen in a hurry, so we need the right to work now but we also need the other provisions.

[Baroness Hamwee (LD)]

My Lords, the argument from the noble Lord, Lord Hodgson, seemed to be addressed more to refugees than asylum seekers and I think that almost everyone who has spoken about the right to work of asylum seekers has urged faster decision- making. I want to speak to the two amendments in the name of the noble Baroness, Lady Hollins, to which I have added my name.

The House has heard many noble Lords stress the importance of a trauma-informed approach and the difficulties of almost every asylum seeker, I would have thought, in telling their story almost as soon as they get here after dreadful experiences. It must be dreadful, even if the journey is quite straightforward, to tell the story coherently and fully. I fear the Home Office has not yet got it.

The Minister wrote to me last week on the interpretation of “without delay” and I thank her for that. She has had an awful lot of letters to write during the course of the Bill. The official who wrote this one said that

“if someone was fearful of acknowledging their homosexuality to the authorities, then it may be reasonably practicable for them to make a claim some time after arrival, as we recognise the extremely difficult process of coming to terms with one’s own sexuality.”

If an asylum seeker has experienced what we know in some countries people experience because of their sexuality, I do not think that “coming to terms with one’s own sexuality” begins to describe it. That is why these amendments are needed.

[Lord Green of Deddington (CB)]

My Lords, I will very briefly speak to Amendment 30 and say that I very strongly agree with the remarks of the noble Lord, Lord Hodgson, who I thought said some very valuable things.

I would like to say and make it clear that I am actually in favour of asylum. I believe that it is absolutely right in principle but I find in this debate and more generally that there is something of an assumption that all asylum seekers are genuine and, frankly, they are not. Indeed, the very careful process that they go through finds that nearly half of them are not accepted as asylum seekers.

The risk of moving this to 12 months is that some applicants—those who are not genuine, of course—would have an incentive to spin out their cases until they reach the six-month point, which would not be too difficult, and then they are here and that is it.

The noble Baroness, Lady Stowell, hit the nail on the head. First, what we must avoid is the possibility of work before acceptance as a genuine refugee. Secondly, that points to the need to speed up the process, which is what is causing all this difficulty. If we could get the cases resolved in a reasonable time, those who really deserve it would get it—and good on them—and those who do not would be in a queue to be removed.