Student Visas

Baroness Lawlor Excerpts

Thursday 25th May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Certainly—it will start in January 2024.

[Baroness Lawlor (Con)]

My Lords, will the Government consider the overall need to have a much wider debate about the benefits of overseas students to this country? As far as I know from this morning’s figures, up to 480,000 came, together with 136,000 dependants. Although there may be an overall benefit in economic gain and plugging the resources of cash-strapped universities, there are other problems. They include not only having to pay costs towards healthcare and housing—or taking up healthcare, housing and education where there are dependants—but costs to the universities themselves. Following what the noble Lord, Lord Wallace, said, many universities are now tailoring courses to the needs of overseas students. A wider debate will be needed in the education department about whether this is the right thing for our UK universities.

[Lord Murray of Blidworth (Con)]

I thank my noble friend for that question. She is absolutely right that it is a balanced question; that is why this package of measures is targeted to achieve the objective of reducing migration. In addition to the proposal to remove the entitlement to bring dependants unless you are on a postgraduate research programme, the other aspects will, I hope, address the matters raised by my noble friend. In particular, they are: removing a student’s right to switch into a work visa route before studies are complete; reviewing the maintenance requirements for people applying for visas; clamping down on unscrupulous education agents; and improving communications about visa rules to universities and international students, along with improved and more targeted enforcement activity by the Home Office.

Illegal Migration Bill

Baroness Lawlor Excerpts

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Lord Griffiths of Burry Port (Lab)]

I feel a little intimidated to follow such an intervention. I am not a lawyer either, but I am a member, as I have said repeatedly in the past, of the delegation from this Parliament to the Council of Europe; and I can attest, from conversations I have had in its migration committee, plenary sessions and other meetings in Strasbourg and other parts of Europe, that there are a number of countries in Europe at the moment that are looking to us to uphold standards that will give them the courage to maintain their current position with regard to these conventions. It is a very perilous moment. Our role in Europe is key to keeping quite a lot of others on board, and I want to emphasise that.

I feel it almost impossible for me to want to give even a shred of support to a Bill that, as has been quoted, has as its preface a statement by the Minister that he cannot give any guarantee, et cetera. I find myself at a loss to be looking at a piece of legislation—a law that will go on to our statute books—that begins this process with this degree of ambiguity written into it. Can lawyers not give the rest of us a starting point more certain than that?

Finally, let me say at this point that, long before I got involved in European matters, I had a lot to do with migration from Haiti to the United States, which is not a signatory to the convention. The methods open to countries that are not signatories to the convention are not pleasant at all, and I simply would not want the United Kingdom to have the opportunities to behave in that way.

[Baroness Lawlor (Con)]

My Lords, I oppose Amendments 2, 4 and 148 in this group because they would subvert and obstruct Clause 1, which sets out the purposes of the Bill and how they are to be advanced. I also oppose Amendment 3, because it would do so in a more subtle way, in requiring the Secretary of State to give guidance to Parliament on

“how the provisions … are to be read and given effect in a way that is compatible with the Convention Rights within the meaning of the Human Rights Act”,

and it includes a new obstacle that this

“does not have effect until approved by each House of Parliament”.

In this Bill, the Government are proposing to tackle unlawful migration—people coming into this country via unsafe and unlawful routes. The Government have a duty to enforce the laws of this country. They also have a duty to ensure the security of this country, including the security of its borders. International rules require asylum seekers to seek refuge in the first safe country in which they are.

[Baroness Jones of Moulsecoomb (GP)]

No, they do not. That is not true.

[Baroness Lawlor (Con)]

It is a long-established tradition.

The Government have proposed a scheme to remove those who did not, in this case, seek refuge in France and those who do not comply with this country’s immigration controls, as has been said. The Bill’s purpose is to deter and prevent unlawful migration. To advance that purpose, it is disapplying Section 3 of the Human Rights Act 1998. That is supposed to have the effect of making the laws clear. To this end, the disapplication matters.

I therefore oppose these amendments because they seek to subvert the aims or obstruct the purposes and methods proposed by this measure. They would remove the clarity on how the Bill is to be interpreted. They would obstruct the duty on our Government to ensure the security of our country and uphold the law. They would also mean that the democratic will of the people of this country, which is that our borders are controlled, is frustrated in the case of this sort of migration. I urge the Minister to reject these amendments.

Illegal Migration Bill

Baroness Lawlor Excerpts

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I can be very brief. I have one amendment in this group, Amendment 39, which raises the same point as Amendment 6 in the name of the noble Lord, Lord Carlile of Berriew, on retrospectivity. I support all the amendments in his name to that effect. The only point I would have added would have been to read out my explanatory statement, which my noble friend Lord Kerr of Kinlochard has already done, placing particular stress on “for good reason”. If the Minister is not going to accept these amendments, I hope he can give the good reason in each case.

[Baroness Lawlor (Con)]

My Lords, I am puzzled by Amendment 6 and the reasons given by some of your Lordships for opposing the start date of 7 March 2023—a criticism made on grounds of retrospection. There is nothing unclear about the start date, and nothing hidden: 7 March is published as the start date for the Bill itself. It is the date of the Bill’s First Reading. I am also slightly puzzled by the desire to omit from subsections (4) and (5) of Clause 2 people who enter this country in breach of our Immigration Rules and do not come from a country in which their life and liberty are threatened.

--- Later in debate ---

[Baroness Lawlor (Con)]

I thank the noble Lord for his question. As far as I can see, the Bill was published on 7 March. It was very well publicised at the time. It is designed to deter—

[Lord Carlile of Berriew (CB)]

In Calais?

[Baroness Lawlor]

I think the noble Lord is not aware of the very good access to news which people coming to this country have—and which people traffickers have. It was no surprise that this Bill had its First Reading on 7 March.

I conclude on a point made earlier. This is not a Bill against asylum seekers; it is a measure to deter and prevent those coming to this country by unsafe and unlawful routes.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will go where I was going without being distracted. I am aware that there is no Green group name on any of these amendments, which is the result of an administrative hitch earlier in the week, so I will be very brief—I am also aware of the hour. I shall make just three points about this group of amendments.

First, we have discussed the issue of retrospectivity a great deal. I align myself with the comments of the noble Baroness, Lady Chakrabarti, among many others, who talked about approaching this as a lay person, which indeed I do as a non-lawyer. However, I have had a lot of contact with the law through my time as a journalist, and one of the things you learn is that the nature of the law is that they do not make laws retrospectively. That is in the general public understanding of what is law, so I associate myself with all the anti-retrospectivity amendments.

However, I particularly want to address Amendment 91, to which there has not been much attention given, which aims to prevent victims of human trafficking and modern slavery from having their leave retrospectively revoked to permit their deportation. This is leave granted to people under the Nationality and Borders Act 2022. I am sure many noble Lords taking part in this debate can think of victims of trafficking and modern slavery whom they have met. I am thinking of one in particular, whom I will not identify in detail. She was a person who had clearly been enormously mentally scarred by the experience of losing control of her own life and being a slave. To think that we would put them in this position again, having granted them status and then snatched it away, highlights the emotional damage that that would do to people.

Secondly, my favoured position is to write out this whole Bill but, if we do not do that, then that Clause 2 should not stand part. The noble Baroness, Lady Lister, made a powerful speech on this point. I want to raise a point no one else has raised. I ask the Minister to answer, although I expect he will be reluctant to, so maybe some of the other legal minds in the Committee can be put to this. Let us imagine that, after the next election, we have a change of government, and there has been written into law a duty for the Secretary of State to deport people. There is going to have to be an emergency Bill passed as soon as possible to stop that. I very much hope that would be the case for whoever the next the Government are. But there is going to be a total legal mess, I would imagine, when the people of the country have elected a Government standing on a different platform—I would hope—but that is the law of the land. I am not sure where that would leave us; I do not know if anyone could help me with that one.

I also want to address why the duties to remove in Clause 2 should not remain. Some 90% of the people in need of international protection who come to the UK could not do so directly as defined by this Bill. The refugee convention prohibits states from imposing penalties on refugees for how they have entered the country, because most people have no choice but to enter a country irregularly. The convention explicitly states that you do not have to come directly to the country; there is no requirement of “first safe country”. That is the convention, yet we are writing this piece of this Bill. This clause simply must not stand part.

Thirdly, I want to identify particularly with Amendment 8. The noble Lord, Lord Cashman, and the noble and learned Lord, Lord Etherton, have already made this argument very powerfully. All I want to say is that my Second Reading speech addressed this issue at some length, and I would like to stress the Greens’ support for Amendment 8 in particular.