Refugees (Family Reunion) Bill [HL]

Debate between Baroness Hamwee and Lord Murray of Blidworth

2nd reading
Friday 18th October 2024 Lords Chamber

[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.

Migrants: Barges

Debate between Baroness Hamwee and Lord Murray of Blidworth

Wednesday 20th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The health measures were in place, and it was only at a very late stage that the Home Office was made aware of the findings of Dorset Council. At that time, as I say, the Home Office decided to go beyond the recommended position from the UKHSA, which was not to put any more migrants on the barge, and instead to evacuate it, which was surely the responsible thing to do.

[Baroness Hamwee (LD)]

My Lords, will the Minister take on board—no pun intended—the concern for not only the asylum seekers who were subjected to this but Home Office officials, and presumably contractors, who must also have been exposed to the legionella?

[Lord Murray of Blidworth (Con)]

As I said in my initial Answer, one of our paramount concerns is the health and welfare of migrants and our staff. I can reassure the House that no one has contracted legionnaires’ disease as a result of the finding of this presence in the water supply.

Illegal Migration Bill

Debate between Baroness Hamwee and Lord Murray of Blidworth

Report stage
Wednesday 28th June 2023 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I agree with the points made by the noble Lord, Lord Coaker. I am grateful to the Bill team for confirming this, but it would be useful to have it said in the Chamber that “immigration officer” is an immigration officer of any rank at all. There does not have to be any seniority attached to the post when an immigration officer is given powers in these provisions and elsewhere in the Bill.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, I am grateful to the noble Lord, Lord Hendy, for moving the amendment in the name of the noble Lord, Lord Davies of Brixton, which seeks to protect transport providers. I understand the concern that this is causing.

To answer the points of the noble Lords, Lord Paddick and Lord Coaker, Clauses 7 and 9 simply reflect the current position, corresponding to the long-standing requirement set out in Schedule 2 to the 1971 Act. As now, risk assessments must be made before directions are given to a carrier, and escorts will be provided where this is assessed to be necessary.

All the practical issues raised by the noble Lord, Lord Hendy, apply equally under existing powers, and there are established protocols for dealing with them. We are not putting any additional burdens on the transport sector; in fact, we are providing for the costs of complying with directions under the Bill, but they will be paid for by the Secretary of State and will not be at the carrier’s expense. The amendment would therefore put the powers surrounding the giving of removal directions at odds with existing provisions and would effectively turn a requirement to remove people into a request, which would then impact on the number of illegal immigrants being removed.

Government Amendments 46 and 47 are prompted by a question posed in Committee by the noble Lord, Lord Ponsonby, who asked how transport workers could deal with a non-compliant person. Again, the answer lies in the Immigration Act 1971. It is already an offence under Section 24(1)(f) of that Act for a person subject to removal to disembark, and these amendments simply apply that offence to removals under the Bill. This then engages Section 3 of the Criminal Law Act 1967, which enables a person to use reasonable force to prevent a crime—a provision that I am sure the noble Lord, Lord Ponsonby, in particular, will be very familiar with.

Finally, returning to the amendments from the noble Lord, Lord Davies, Amendment 85 seeks to amend the definition of “vehicle” to limit the power in Schedule 2 to search vehicles to only those hired by the Secretary of State to remove persons pursuant to Clauses 2 and 3. We would not want to limit the power to search vehicles in this way; doing so would prevent immigration officers being able to search small boats, for example.

Illegal Migration Bill

Debate between Baroness Hamwee and Lord Murray of Blidworth

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I do not have the answer to that at my fingertips but, if I may, I will revert to the noble Lord with it. I suspect that the availability of legal advice will be drawn to the attention of individuals at the earliest possible time, but I will check that point and come back to the noble Lord.

In conclusion, the noble Lord, Lord Coaker, made some valid points on which I will further reflect. I hope I have at least gone some way to respond to the probing amendment of the noble Baroness, Lady Hamwee. On that basis, I ask whether she is content to withdraw her Amendment 55.

[Baroness Hamwee (LD)]

My Lords, it is Committee stage and, as the whole Committee knows, that is what I will do.

On this amendment, the Minister said, possibly twice, that things will be done “as soon as practicable”, but we know that not very much is practicable. It sounds like a parallel, idealised—well, it is not ideal to me but it may be in the Government’s mind—universe where all is possible. On the previous group, my noble friend referred to being somewhere within the wizardry of Oz. I do not know who is which character, and perhaps it would be inappropriate to speculate. However, the point about uncertainty in the minds of the individuals concerned is serious, which is why I made it earlier.

I do not think the Minister answered my question on Amendment 55A about whether notification can be given by a representative of the individual and whether that has to be a legal representative or could be a support worker from an organisation in the sector. Is he able to respond to that now?

[Lord German (LD)]

I also asked a question to which the Minister did not reply, about a person escaping from South Sudan via Kenya. Kenya would be treated as an unsafe country because it is in Schedule 1. Could the Minister respond to that when he has a moment?

[Lord Murray of Blidworth (Con)]

I apologise for not answering the noble Baroness’s question. Yes, is the answer; representatives could be provided in that way.

To reply to the hypothetical situation that the noble Lord referred to about someone from South Sudan travelling via Kenya, it would depend on the facts of the specific case and whether the conditions were met. It is perhaps not directly relevant to the debate we are having on this amendment, but I am happy to consider that hypothetical in more detail and write to the noble Lord.

[Baroness Hamwee (LD)]

To be absolutely clear, is the Minister saying that notification can be given via any representative and that they do not have to be qualified in a particular way?

[Lord Murray of Blidworth (Con)]

That is certainly my understanding. If the situation is any different, I will let the noble Baroness know.

[Baroness Hamwee (LD)]

I think that is quite important, as it matters how these things work in practice. Having said that, and as I indicated, I beg leave to withdraw the amendment.

Migrants: Housing

Debate between Baroness Hamwee and Lord Murray of Blidworth

Wednesday 3rd May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

There has been no intention to set aside any provision of the Children Act. As the noble Lord will have seen on his careful reading of the Illegal Migration Bill, there are provisions set out that deal with the transfer of responsibility for children and the approach to be taken to unaccompanied asylum-seeking children who arrive after 7 March of this year.

[Baroness Hamwee (LD)]

My Lords, there are so many questions arising about the standards that will apply in the “facilities”—if I can use that term—around safeguarding, how families with or without children will be dealt with, and how children alone will be dealt with, and around facilities for medical provision, legal advice and so on. Will the Government publish the contracts that they are entering into with private sector providers, so that one can keep an eye on what standards are being required of them?

Short-term Holding Facility (Amendment) Rules 2022

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 18th April 2023 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, before the noble Baroness responds, I asked a question about DBS checks. I wonder whether the Minister is able to answer it.

[Lord Murray of Blidworth (Con)]

Certainly. It remains my understanding that those who have dealings with unaccompanied asylum-seeking children would be the subject of DBS checks. Whether it is the case that all of those working at the Manston site have DBS checks—those working with adults—I cannot answer at this point, but I would anticipate that is the case. I will certainly write to the noble Baroness in respect of that.

[Baroness Hamwee (LD)]

I am sure the Minister will understand that vulnerable adults need safeguarding as well—it is much wider that children.

[Lord Murray of Blidworth (Con)]

Of course; I entirely accept that.

Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Debate between Baroness Hamwee and Lord Murray of Blidworth

Monday 20th March 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, I am very pleased to be able to present these draft rules, which deal with two vitally important issues, to the Committee. I will first touch on the provisions in relation to deprivation of citizenship in this instrument.

Keeping the public safe is a top priority for the Government. Deprivation of citizenship, where it is conducive to the public good, is reserved for those who pose a threat to the UK or whose conduct involves very high harm. It is key to our ability to preserve the UK’s national security. The Committee will recall that the deprivation measures in the Nationality and Borders Act attracted much considered and thorough debate. This House and the other place agreed that, in cases where the Secretary of State intends to make a deprivation order on the grounds that it is conducive to the public good without giving notice, an application must be made to the Special Immigration Appeals Commission, or SIAC, which will consider the Secretary of State’s reasons not to give notice.

In November 2022, we took a first step towards implementation of this process by amending the Special Immigration Appeals Commission Act 1997, giving the Lord Chancellor powers to amend procedure rules in relation to these applications. We now intend to make the required amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003, which is the purpose of this instrument.

This instrument sets out a clear framework for the Special Immigration Appeals Commission and the Secretary of State when dealing with such applications. It makes clear the information an application is required to contain and makes provision for the Secretary of State to vary or withdraw an application. It confirms the Secretary of State as the single party to proceedings and makes provision to appeal a determination of the Special Immigration Appeals Commission where necessary. The instrument also sets out that the commission must give a determination within 14 days of receipt of an application or its variation. This reflects the fact that the Secretary of State may have to act quickly in the interests of national security. The instrument is the final stage in implementing the safeguards relating to Section 10 of the Nationality and Borders Act 2022, which were agreed in the passage of that Act.

Turning to credibility statements, Sections 19 and 22 of the 2022 Act create additional behaviours that should result in an asylum or human rights claimant’s credibility being damaged. These includes a requirement for decision-makers to consider the late provision of evidence in response to an evidence notice or a priority removal notice, without good reasons, as behaviour that should be damaging to a claimant’s credibility.

As part of this suite of measures being introduced to encourage the timely provision of evidence in support of asylum and human rights claims, Sections 19 and 22 of the 2022 Act also establish a requirement for both the Special Immigration Appeals Commission (Procedure) Rules and the asylum and immigration chamber procedure rules to secure that when judges dispose of asylum and human rights decisions, and where credibility issues arise, they must include in their decisions a statement on how they have taken account of all potential credibility-damaging behaviours when reaching those decisions. These changes to the Special Immigration Appeals Commission (Procedure) Rules effectively secure in rules what judges are already required to do, according to the current case law.

The instrument and the creation of new procedure rules, however, make it abundantly clear what judges are required to do. This will assist in making sure that there is clear and efficient decision-making. I commend these rules to the Committee.

[Baroness Hamwee (LD)]

My Lords, I hope that the Committee and the Deputy Chairman of Committees will understand that my sitting down today is not a sign of any disrespect to any Member or to the Committee. I thank the Minister for his introduction to this instrument. I do not think he will be surprised to know that I am not thanking him for the instrument itself, and very much not for the Nationality and Borders Act.

Those of us who find difficulty with proceedings in any number of areas, particularly when they are closed, are generally assured by the Government that we should not worry because there is judicial oversight. I cannot recall whether this was so in the case of Section 10 of the Nationality and Borders Act, but the instrument points up the hollowness of such an argument. As the Minister explained, Section 10 provides that the Secretary of State does not have to give notice of deprivation of citizenship in certain circumstances, and, if she

“reasonably considers it necessary, in the interests of”

certain matters,

“that notice … should not be given.”

That is in new Section 40(5A)(b) of the 1981 Act, which includes

“the relationship between the United Kingdom and another country”.

I understand the Minister to have included that in his list of high harms. It is quite easy to think of examples of what might be necessary so as not to annoy another state, which I think would come within the relationship between the UK and another state. Can the Minister tell the Committee whether he expects this power to be used very narrowly, and confirm that proportionality will apply?

We are reliant on the commission to assess the reasonableness of the view of the Secretary of State but even the commission does not have a free hand. Under Section 25E in the new Part 4A,

“The Commission must determine the application on paper without a hearing”.


My second question is: why is it “must” and not “may”? If we are to have any confidence in the process as a whole, should we not trust the commission to decide for itself whether determination on paper is appropriate? Can the Minister explain this? Can he explain to the Committee what will happen if the commission, having seen the paper application, has questions of the Secretary of State and wants to hear from counsel on her behalf?

I admit that I have no experience in this, other than debates in your Lordships’ House over the years and briefings from professionals and others involved in the process, but it seems that it is all too easy for such an application to become completely formulaic. Once there is a formula which is considered to pass the not “obviously flawed” threshold or test, that will go to the commission without, apparently, its being able to say, “Yes, but”. The “obviously flawed” test is in the new Schedule 4A. Is it beyond the bounds of possibility that the Home Secretary herself could want a hearing? We will never know because there is no one to ask. We are not even getting that close to the territory of closed hearings and special advocates here.

I find it difficult to understand what role this appeal court would be left with. We will know next to nothing—probably nothing—about the use of these powers. Paragraph 14 of the Explanatory Memorandum tells us:

“As the Home Secretary decides each case personally and due to the very low number of cases expected to be affected by these provisions, no specific monitoring or review of these measures will be undertaken.”


In this situation, reporting is almost a synonym for monitoring. Can the Minister at least give an assurance that there will be reporting? I cannot see that it could be very difficult. What harm would be caused? I do not think that I need to spell out why a report in the public domain is desirable and essential. So often we are told, not only by Home Office Ministers but from the Dispatch Box, that there is no need for a review of a provision in primary legislation, because there is an automatic, periodic review of all legislation that the Government put through. However, no review of the measures means no review of Section 10. In our view, there should be reporting, not just of numbers but, for instance, of whether men or women are affected by deprivation orders, and, importantly, whether each individual has, or is considered to have, dual nationality. Indeed, can the Minister confirm—I appreciate that it is a bit beyond this instrument—whether the powers will be used only in the cases of individuals who are citizens of another state? Does the appetite for secrecy really mean that the state is protecting us?

I have been doing my best to avoid reference to an ongoing case, and I do not seek to draw the Minister into it—I know that he will not be drawn in—but it is justifiable to ask about the cohort of women known to be in a camp in Syria, who are held there because of their IS connections. Can one really say of them that their whereabouts are unknown? They are not going anywhere; they are known to be in the camp, although they cannot contact lawyers. For reasons the Grand Committee will understand, given his widely reported comments last month regarding a case before SIAC, have the Government consulted the current Independent Reviewer of Terrorism Legislation? This is about legislation; Jonathan Hall is independent.

I have referred to judicial oversight. What I take from the instrument is that oversight of the process can be no more than minimal, and therefore oversight of the process is eliminated.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Indeed, as with any court.

In respect of the noble Lord’s question on Rule 47 as to credibility, the question being whether a claimant’s good reasons for responding late to a priority removal notice would be taken into account in cases that go to SIAC, the answer is yes.

To pick up one point from the noble Baroness, Lady Hamwee, on the use against dual citizens, it is right and clear in the statutory regime that an order using a deprivation power cannot be made that would have the effect of rendering a person stateless, hence the need for two nationalities, except that there is a very limited provision in Section 40(4A) of the Act, but that power has not been used to date. In any event, deprivation on conducive grounds is used sparingly and against those who pose a serious threat to the UK. It is correct that the conducive power is limited so that it can be applied only to those who are dual citizens or where there are reasonable grounds for believing that the person can become a national of another country. Parliament chose to enact the power on that basis to avoid the prospect of leaving individuals stateless, which would be contrary to the UK’s commitments under the 1961 statelessness convention.

[Baroness Hamwee (LD)]

If the Minister is coming to his closing paragraph to urge this instrument, then I am afraid that I have a number of questions to remind him of. However, I am glad to hear what he said about dual nationality. I was concerned because I thought he used the phrase “potential nationalities”. I do not know how one can potentially be a national of a particular country.

I will run through some points that I do not think he has been able to pick up. I raised the proportionality point in connection with Section 40(5A)(b)(iv), which is when the Secretary of State considers it necessary in the interest of the relationship between the UK and another country. I hope the Minister can confirm that there will be proportionality in that, rather than the general point he made.

I do not think the Minister answered the question on “must” deal with the matter on the papers rather than “may”, nor my question on whether the commission can call for more information and can even ask to hear from the Secretary of State.

The Minister referred to paragraph 14 of the Explanatory Memorandum. He might need to take this away, but to repeat, we are told by this that, because there is expected to be a “very low number” of cases,

“no specific monitoring or review … will be undertaken”.

My question was about reporting and the Minister answered on reporting in a general way. I would be glad to hear that there will be specific reporting on these deprivation without notice applications.

[Lord Murray of Blidworth (Con)]

In relation to Rule 25E, the noble Baroness is quite right. It is imperative that the commission determines the application on paper and without a hearing. As I elucidated a moment ago, that process is deliberately framed so that it can be resolved quickly because of the national security issues implicit in a deprivation decision. I am afraid that it is a “must” for a reason, and not a “may”. Clearly, SIAC, like any court, is able to make a decision on the information available to it and, if it feels that it lacks information, it is entirely open to it to ask for further information from the party appearing before it. I hope that that answers the question.

On the dual nationality point, the word “potential” is significant. The question in the statute is whether a person is eligible for citizenship of another country. That gives rise to the power to deprive under Section 40(4A), which is the power that I mentioned, which has yet to be deployed to date. As to reporting, I hear the noble Baroness’s question and I shall find out further detail and write to her in respect of it. I hope that I have therefore addressed the questions posed.

I want to be absolutely clear that the power to deprive an individual of citizenship has been possible for over a century. Section 10 of the Nationality and Borders Act does not change the reasons for which a person can be deprived of their citizenship, nor does it remove a person’s right of appeal. It is simply about the mechanics of how a deprivation decision is conveyed to the individual concerned and recognises that, in certain exceptional circumstances, it may not be possible to give notice.

The Home Office will always try to serve any deprivation notice at the point of a decision, including providing information about the person’s statutory appeal rights. Where that is not possible, and the person later makes contact with the Home Office, they will be issued with a decision notice and an explanation of their appeal rights. Section 10 of the Nationality and Borders Act clarifies that the timescales for lodging an appeal in these cases starts from when they are given the notice of the deprivation decision and not when the decision was first made.

In conclusion, this instrument is in the final stage of implementing the safeguards, as noble Lords noted, which will hold the Government to account in relation to decisions to deprive a person of citizenship without first giving them notice. It will also ensure that the Special Immigration Appeals Commission is required to include credibility statements in any relevant decisions that it makes that dispose of asylum and human rights claims. I commend the regulations to the Committee.

Asylum Seekers: Accommodation in Hotels

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 21st February 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My noble friend is right that breaking the business model of the people smugglers is vital, and the agreement we recently made with the French Government will go some way to achieve that. The other aspect will be the forthcoming Bill in relation to stopping the small boats, and I look forward to the support of all those in the House when it comes before your Lordships.

[Baroness Hamwee (LD)]

My Lords, we have hotels accommodating young asylum seekers, although we want to bring that to an end. Are the Government satisfied that their contracts with the providers deal properly with their safeguarding responsibilities? Will the Minister publish the results of the Home Office’s monitoring and supervision—as I hope that it is doing—of the providers’ performance, including checking that the many staff involved are properly DBS checked?

[Lord Murray of Blidworth (Con)]

The contracts with the three providers, who then engage the hotel accommodation, are of course commercially sensitive and the Home Office cannot therefore publish their contents. However, I am satisfied that sufficient safeguards are built into those contracts, and I reassure the noble Baroness that there is a requirement that all staff are appropriately DBS checked.

Authority to Carry Scheme and Civil Penalties Regulations 2023

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 21st February 2023 Grand Committee

[Baroness Hamwee (LD)]

As the Minister is coming to the end of his response, I remind him about my questions on how it will work when there is to be a refusal in relation to someone whom the Secretary of State is in the process of making a decision about or where someone would be refused entry clearance or would be refused under the rules and so on. These are issues of quite considerable importance and principle because they are proposing that refusals may be made before the Secretary of State has made a decision. Can the Minister say anything about that?

[Lord Murray of Blidworth (Con)]

Forgive me: I covered that in my own mind when I explained the scheme, but I realise that I should have spelled it out more clearly, which I will now do. Those parts of the scheme are unchanged; these changes do not affect that part of the scheme, but I can certainly answer the noble Baroness’s question.

Where the Secretary of State is considering somebody’s application, they cannot travel. They can travel only once they have authority to enter the United Kingdom. It is not the position that we are refusing their application because we are still considering it; the point is that that passenger should not be trying to travel without a valid authority to travel. In the event that somebody applies for a visa and it is refused, it is open to them to apply to review that decision, internally or by legal proceedings. Of course they are entitled to do that, but people will not, and passengers do not, try to travel while their decision is still being determined because they do not have permission at that point to travel.

[Baroness Hamwee (LD)]

The scheme uses language such as:

“Individuals … in relation to whom the Secretary of State is in the process of making a decision that the individual be made subject of an exclusion order”.


That does not seem completely to reflect what the Minister said. Perhaps I am just not sufficiently familiar with scheme-speak.

[Lord Murray of Blidworth (Con)]

This is the reference in paragraph 14(d) of the draft scheme. Clearly, this is not being added by these changes. However, I can reassure the noble Baroness that the courts have found in favour of decisions to refuse authority to carry where the Secretary of State is in the process of making a decision to exclude. Obviously, if a person has made an application and the exclusion order is not made, they are free to travel once they have their visa. It does not have the effect of precluding their travelling; it simply means that they cannot travel on that occasion. If, however, they are the subject of an exclusion order, repeated applications will simply result in the same outcome: they will be refused authority to travel by the carrier.

Children Seeking Asylum: Safeguarding

Debate between Baroness Hamwee and Lord Murray of Blidworth

Monday 23rd January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, the move into hotels is as swift as we can make it once the unaccompanied asylum-seeking child comes to the attention of the authorities. The hotels have staff consisting of team leaders and social workers, all of whom are fully trained and able to work with the young people. All the children receive a welfare interview, which includes questions designed to identify any potential indicators of trafficking or safeguarding issues. I assure the right reverend Prelate that the steps are taken seriously among the staff of the hotels to assist the children in so far as they can.

[Baroness Hamwee (LD)]

My Lords—

--- Later in debate ---

[Baroness Hamwee (LD)]

I thank the noble Baroness. I hope that the Minister will be confirmed in his pursuing of my noble friend’s point about corporate parenting by the chorus of approval that the suggestion received. Sadly, children going missing from care is not a new issue, as the Minister said. What is being learned from the two situations? What information and experience are being swapped, including on identifying the fact that traffickers, criminals and other dodgy people are hanging around outside different establishments hoping to catch a hold of their victims, as I shall call them as well as children?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question. An important feature of the hotel accommodation specifically provided for UASCs is the security for each hotel facility. Clearly, that security then matches the layout of each hotel and, as I say, residents are asked to sign in and out. Any suspicious activity identified by the security contractors is reported to the police and should be investigated by them if they think that there are grounds to do so.

Asylum Seekers

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 17th January 2023 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, in speaking just before Christmas to the Justice and Home Affairs Committee of your Lordships’ House, which I am lucky enough to chair, the Home Secretary said that guidance for caseworkers was to be made shorter and easier to use. Can the Minister reassure the House that the Home Office is consulting experienced counsellors and therapists in the redesign so that the individual circumstances and experiences of each applicant can be properly assessed?

[Lord Murray of Blidworth (Con)]

Yes. Any such revised guidance will take into account input from a whole range of stakeholders, no doubt including those of the type mentioned by the noble Baroness.

Asylum Seekers: Local Authority Accommodation

Debate between Baroness Hamwee and Lord Murray of Blidworth

Monday 16th January 2023 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, do the Government recognise the connection between this issue and the points raised by the Question asked by the noble Lord, Lord Young of Cookham? There is a shortage of private rental accommodation, and that goes back to the shortage of housing. The two need to be thought about together, and steps taken that many noble Lords are suggesting.

[Lord Murray of Blidworth (Con)]

The noble Baroness is of course correct.

Migration and Economic Development Partnership with Rwanda

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 20th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The Government’s view is that the method of the agreement that was reached with Rwanda was lawful and appropriate, and so, with respect, I am afraid I must disagree with the noble Baroness.

[Baroness Hamwee (LD)]

My Lords, the Minister said that each person will be considered on a case-by-case basis, and quite right too, provided that that is not simply a swift tick-box exercise. He was perhaps lucky enough to have missed the long and late debates in this House on the age assessment of young people. I have to say that, to my mind, even for a young person aged 18 and a half, it would be inappropriate to send them to a place which, as I understand from my noble friend, has no child facilities as part of the arrangements. If there is to be no removal where removal would be inappropriate to the individual, how will that affect getting through the backlog that we have heard about recently from the Home Office?

[Lord Murray of Blidworth (Con)]

As we have seen from the judgment given by the court, there is nothing in principle unsafe about Rwanda, and few indeed will have reasons relating to them as to why Rwanda would be unsafe for them.

Albanian Asylum Seekers

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 13th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his question. As ever, he is very à la mode and clearly foresaw that there would be a Statement by the Prime Minster. I will answer his two questions. First, on the fast-track removal of Albanians, as the Prime Minister made clear in the other place, the new deal with Albania will allow us to return people with confidence that necessary protections will be provided for genuine modern slavery claims, in line with our international obligations. Of course, Albania is already a scheduled safe country under the 2002 Act, passed under Mr Blair’s Administration. On the noble Lord’s second question, on the term “illegal immigrant”, that nomenclature derives from the provisions in Nationality and Borders Act, which make it an offence to enter illegally.

[Baroness Hamwee (LD)]

My Lords, it is reported that there has been a big rise in online advertisements offering transfers from Albania to the UK by boat or lorry for a price—in other words, smuggling. If this is openly advertised, is it not possible to track down the smugglers and prosecute them?

[Lord Murray of Blidworth (Con)]

The noble Baroness is exactly right: the gangs involved in people smuggling do advertise in Albania, usually on social media platforms—I understand that TikTok is particularly favoured. The Home Office has an intelligence unit that considers all these sources and, working with the National Crime Agency, steps are taken to prevent this sort of criminal activity. As the noble Baroness will have seen, the Prime Minister’s announcement increases the NCA’s funding to tackle organised crime within Europe, which will achieve greater control of this type of criminality.

Manston Update

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 29th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The short answer is that that is not the Government’s policy. We have safe and legal routes from the countries that I have already identified, and we do not propose to open any others.

[Baroness Hamwee (LD)]

My Lords, the Minister said in reply to my noble friend Lady Ludford that he hoped that the private sector companies which fulfil the contracts would have a care for their staff. Is that not something that the Government should urgently check into? Do the Government themselves not have an obligation in the quite unusual circumstances we are talking about? Secondly, what arrangements are there for the families of patients—I call them patients quite deliberately, because that is how we should treat them—who are put into isolation? Are the families kept together? The Minister will understand that there is a whole ream of questions like this which the House would like to know the answers to.

[Lord Murray of Blidworth (Con)]

As the noble Baroness is aware, the vast majority of those crossing the channel are single young men, so the issue has arisen in relation to single men. I do not know the answer about accommodation for any potential family members, but I will certainly ask the department and inform the noble Baroness of the outcome.

Western Jet Foil and Manston Asylum Processing Centres

Debate between Baroness Hamwee and Lord Murray of Blidworth

Tuesday 1st November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I absolutely agree with the noble Lord.

[Baroness Hamwee (LD)]

My Lords, we have heard about the conditions suffered by people held in these establishments. I cannot help thinking that life must be very difficult for the staff who work there. I imagine that all their instincts are to do their very best by those who are detained or who are there under any other category. I would be grateful if the Minister could tell the House what support is being given to staff to cope with this situation.

Quite separately, in his response to the question about the appeal rate, making the point that issues come up on appeal that had not been considered in the initial application, would he not agree that that may be indicative of a failure of the casework, a lack of curiosity and a failure to raise the right questions?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for the question. I entirely share her concern for the staff at Manston and Western Jet Foil who have to work in difficult conditions. I have made a point of ensuring that officials are fully alive to these issues. The noble Lord, Lord Coaker, suggested that the Home Secretary had yet to visit Manston. As I understand it, she is going to visit later this week, and I can reassure the House that I am visiting next week. I have absolutely no doubt that, on all of those visits, the present concerns of the staff will be taken into account.

As I understood it, the noble Baroness’s question in relation to appeals effectively asked whether this showed a failure by decision-makers to take into account matters which had come to light later. That is not routinely the case. Usually what happens is that a fresh claim is advanced by the applicant and/or there is a fresh set of facts; for example, the development of a subsequent relationship.