Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Monday 19th February 2024 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

I remind noble Lords that it is illegal only because we made it illegal in the legislation that previously went through this House. There is nothing illegal about seeking asylum; there is an international right to do so.

The noble Lord, Lord Murray, questioned the explanatory statement. This has been drafted by a lawyer for me; I will not go into all the legal stuff now. The Minister rattled through section this and section that, and I am afraid I could not even keep up with it, so I will not try to address that; obviously, I will read what he said afterwards. The noble Lord, Lord Murray, said that there is nothing wrong with sending children to Rwanda and expecting them to challenge a decision from there. There is everything wrong with it. Think about it.

[Lord Murray of Blidworth (Con)]

There is nothing wrong with sending adults, I said rhetorically, because that is the effect of Section 57. Those who are found to be adults may be sent, and if they wish to challenge that finding, they can do that from Rwanda.

[Baroness Lister of Burtersett (Lab)]

We are talking about children who have been wrongly assessed. I do not think it is reasonable to expect them to challenge a decision. Other noble Lords made points on this: the sort of legal support they will get there; they will have to do it through video; and then, if they are lucky, they will be sent back.

The Minister simply repeated what we said about two separate senior immigration officers assessing people visually, but he did not engage with the arguments that we put as to why that is inadequate. I sometimes feel as though we take note of the arguments that have been put, look at them and come up with evidence that suggests that they are not strong arguments, only for those arguments to be put all over again. There is no real attempt to engage with what we have said. I am sure that we will come back to this. A number of questions have either not been answered adequately or not been answered at all, so I look forward to the Minister’s letter. I hope that we will get that letter before Report, because there are important questions that need to be answered.

I finish with the image raised by the noble Baroness, Lady Mobarik, for whose support I am grateful. Do the Government really want us to see images of traumatised children on planes, because we can be sure that when that first plane goes to Rwanda there will be a lot of TV cameras there? Does the Minister really want us to see that image of traumatised children either being sent to Rwanda or being sent back again like parcels, as I said, because they have managed somehow to be assessed as the children that they are? I do not think so.

I will leave it there for now, although I do not think that my noble friend Lord Dubs will be satisfied with the responses that we have had. We will certainly come back at Report with something around children and probably age assessment, but for now I beg leave to withdraw the amendment.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Baroness appears to suggest that, because the Bill disapplies Section 6, local authorities would be obliged to act or could act in a manner that was unlawful. She ignores the fact that, from the British accession to the European Convention on Human Rights until 1998, our domestic bodies were still deemed to be a part of the United Kingdom state, which obviously had an international obligation to comply with the rights convention. All the provision of Section 6 did was to impose a domestic law obligation. Its removal in this context does not have the effect that the noble Baroness seeks to persuade your Lordships it does.

[Baroness Lister of Burtersett (Lab)]

I am sorry, but I was only quoting—I know it was a majority vote and that the noble Lord did not vote for this bit—from the Joint Committee on Human Rights report, which still stands, even though it was a majority vote for that particular paragraph. Perhaps I will leave it to the lawyers, if I have not quite got the legal point.

The Constitution Committee comments that disapplication of HRA provisions is of “considerable constitutional concern”, and invites us to

“consider the potential consequences of undermining the universal application of human rights”.

The UNHCR expresses its deep concern at the exclusion of asylum seekers from some of the human rights protections, not only because it

“undermines the universality of human rights”

but because of its

“implications for the rule of law both domestically and internationally”,

setting

“an acutely troubling precedent”.

Universality means all humans, regardless of their immigration status. In the words of the Universal Declaration of Human Rights, universality principles stem from recognition of the

“inherent dignity and of the equal and inalienable rights of all members”—

all members—

“of the human family”.

As I said at Second Reading, breaching this principle speaks volumes as to how the Government see asylum seekers, for they are, in effect, being treated as less than human.

I make no apology for repeating these points from Second Reading, because even though a number of noble Lords raised their disquiet about the disapplication of the Human Rights Act, the Minister, the noble Lord, Lord Sharpe, did not address our concerns in his closing speech or his subsequent letter to Peers.

The closest the Minister came in the debate was perhaps to do so implicitly, when he dismissed in a peremptory manner the advice of the Northern Ireland Human Rights Commission, which was established under the Northern Ireland Act 1998 to

“review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights”.

When challenged by the noble Baroness, Lady O’Loan, who is no longer in her place, as to whether he had actually read the commission’s advice, he responded that

“the Government take a different view to those opinions”.—[Official Report, 29/1/24; col. 1099.]

The commission’s opinion, which is perhaps better described as formal advice, concludes that the Bill

“does not consider the Belfast (Good Friday) Agreement, and the integral role of both the Human Rights Act and ECHR in the complex fabric of the NI Peace Process and devolution”.

Indeed, it warns that it

“appears to be incompatible with obligations under the … Agreement”.

That position is echoed by the Human Rights Consortium in Northern Ireland. In its view, these proposals

“represent a violation of the Belfast/Good Friday Agreement by effectively limiting access to the Human Rights Act … for those seeking refuge in Northern Ireland. They also represent a violation of the Article 2 commitments of the Windsor Framework by undermining the commitment to the non-diminution of rights contained within the ‘Rights, Safeguards and Equality of Opportunity’ section of the Belfast/Good Friday Agreement—a section which explicitly guaranteed our access to the rights protected in the Human Rights Act”.

The JCHR saw these concerns as “serious” and, by a majority, reported that

“The Government has not adequately explained why it considers those concerns are not merited”.


It therefore asks for

“a full explanation of why it”—

the Government—

“considers the Bill to be consistent with the Windsor Framework and Good Friday Agreement before … . Report stage”.

I am not quite sure which Minister will be responding, but will the noble and learned Lord undertake to provide such an explanation? Can he please explain why we should put more faith in the Government’s interpretation of the implications for the Belfast/Good Friday agreement than those of both official and unofficial human rights watchdogs in Northern Ireland? That is all the more so given the Constitution Committee’s invitation to us

“to pay particular attention to the constitutional consequences … for the Good Friday Agreement”,

and the questions that it raises about the compatibility of Clause 3 with ECHR rights. I know that the question of Northern Ireland came up late on Monday, but it was from a rather different perspective.

Finally, more generally, can the Minister tell us what he thinks the universality of human rights actually means? What is the Government’s justification for breaching this fundamental tenet of human rights?

Asylum Seekers: Sexual Orientation or Gender Identity

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Wednesday 25th October 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As the noble Baroness will recall, as part of the structure of the Illegal Migration Act detention forms an important part of the deterrent effect to dissuade people from crossing the channel. Of course, detention should only be done when it is necessary. In these circumstances the Government take the view that it is.

[Baroness Lister of Burtersett (Lab)]

My Lords, while the Minister’s earlier remarks were very welcome, feeding the culture of disbelief in the Home Office, as the Home Secretary did, too often means that women who claim asylum on the basis of sexual orientation have their claims wrongly refused. What steps will the Government take to tackle this damaging culture of disbelief?

[Lord Murray of Blidworth (Con)]

I do not accept that there is a damaging culture of disbelief. Asylum claims are taken very seriously by the department, as can be seen from the grant rates in asylum cases. We also have a very elaborate appeal structure to independent members of the judiciary, so I do not accept the premise of the noble Baroness’s question.

Creative and Cultural Industries: Impact of Visa and Immigration Policies

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 25th July 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, the recently announced increase of at least 20% in the visa charge for people on the 10-year route to settlement and their families will mean a rise of at least £18,265 for an adult and much more for a family. What assessment has been made of the impact on long-term residents, many of whom are on lower incomes and already struggle to meet visa fees?

[Lord Murray of Blidworth (Con)]

I regret that I did not hear the beginning of the noble Baroness’s question. How is that connected to the creative visa schemes?

[Baroness Lister of Burtersett (Lab)]

My question is connected to visas, and visas were in the original Question. I asked about the recently announced increase of at least 20% in the charge for people and their families on the 10-year settlement route, which will mean a rise of at least £18,265 for an adult and more for a family.

[Lord Murray of Blidworth (Con)]

I am afraid that I still do not follow the noble Baroness’s question, but I reassure her that we will bring forward a further fees order in the autumn. No doubt she will ask further questions then, but I reassure her that visa fees are carefully studied by the department. It is vital that they appropriately reflect the cost of running the visa scheme.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Report stage
Monday 3rd July 2023 Lords Chamber

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

My Lords, as we have heard, with these amendments we return to the issue of detention time limits in relation to pregnant women. As I explained last Wednesday, holding people in detention is necessary to ensure that they are successfully removed from the United Kingdom under the scheme provided for in the Bill, which is designed to operate quickly and fairly.

However, our aim is to ensure that no one is held in detention for longer than is absolutely necessary to effect their removal. The duty on the Home Secretary to make arrangements for the removal of all illegal entrants back to their home country or to a safe third country will send a clear message that vulnerable individuals, including pregnant women, cannot be exploited by the people-smuggling gangs facilitating their passage across the channel in small boats on the false promise of starting a new life in the UK.

Under the Bill, detention is not automatic. The Bill confers powers to detain, and the appropriateness of detention will be considered on a case-by-case basis. As regards pregnant women, we expect that anyone who is in the later stages of pregnancy and who cannot be removed in the short term will not be detained but would instead be released on immigration bail.

For women who are detained in the earlier stages of pregnancy, we already operate our adults at risk policy, where pregnant women are recognised as a particular vulnerable group. In all cases in which a pregnant woman is detained for removal, the fact of her pregnancy will automatically be regarded as amounting to level 3 evidence under the adults at risk policy, and thus the pregnancy will be afforded significant weight when assessing the risk of harm in continued detention. This means a woman known to be pregnant should be detained only where the immigration control factors that apply in her case outweigh the evidence of her vulnerability—in this case, the evidence of her pregnancy. Such control factors at level 3 are where removal has been set for a date in the immediate future or where there are public protection concerns.

The detention of a pregnant woman must be reviewed promptly if there is any change in circumstances, especially if related to her pregnancy or to her welfare more generally. Examples of specific welfare considerations that may need to be taken into account include the stage of pregnancy, whether there have been complications in the pregnancy, any known appointments for scans, care or treatment, and whether particular arrangements may be needed to facilitate safe removal. While in detention, pregnant women will receive appropriate healthcare.

I assure the House that, as now, the enforced removal of a pregnant woman must be pursued only where it can be achieved safely and there is no suggestion that her baby is due before the planned removal date. Additionally, pregnant women will not be removed from the UK if they are not fit to travel based on medical assessments.

Given the safeguards we have already built into the arrangements for the detention of pregnant women, the Government remain of the view that these amendments, however well-meaning, are not necessary. I am very grateful to those who have spoken in this debate for outlining their—I am sure—well-held concerns and for their thoughtful contributions. However, in light of what I have just said, I ask the noble Baroness, Lady Lister, to withdraw her Amendment 64. If, however, she is minded to test the opinion of the House, I invite noble Lords to reject the amendment.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am very grateful to everyone who spoke, and to the Minister as well. Unfortunately, I do not think that he really heard, or listened to, the arguments put. He says he does not think that the amendment is necessary. I am sorry, but countless health organisations, Members of this House and many others think that it is. It is not enough simply to give us assurances here. I have no choice but to test the opinion of the House.

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[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to the noble Lord, Lord Moylan, for bringing back these amendments, but I am disappointed that he had to do so given the strong case that he made for them in Committee. They are important from the perspective of both citizenship and the rights of children. I once again declare my interest as a patron of the Project for the Registration of Children as British Citizens.

From reading the exchanges in Committee, it seemed to me that the Minister was not really listening to the arguments put but simply responded by trying to justify what, in our view, is unjustifiable. Once again, children are the main victims, as highlighted by the noble Baroness, Lady Brinton, whose amendments I also support. As the noble Lord, Lord Moylan, said, it was welcome that the Minister, when challenged on this point, did not impute any culpability to children. However, the fact remains that children are being punished for the actions of a parent, which is contrary to the refugee and other conventions, as has been pointed out by the UNHCR, JCHR and the Northern Ireland Human Rights Commission, among others. This is yet another instance of where we need to see the child rights impact assessment yet, despite the Government Chief Whip promising it for today “if possible”, there is still no sign of it.

It is not an indicator of strength to refuse to countenance any amendments in pursuit of the mythical god of deterrence, regardless of the force of the argument. The main losers are, again, children, whose best interests are being ignored and trampled on. I hope the Minister will think again today.

[Lord Murray of Blidworth (Con)]

My Lords, as we have heard, these amendments relate to the bans on re-entry, settlement and citizenship which are a key part of the deterrent effect of the Bill and send an important message that, if you enter the country illegally, you will not be able to build a life here.

Amendments 114 and 116, in the name of the noble Baroness, Lady Ludford, and spoken to so eloquently by the noble Baroness, Lady Brinton, seek to remove from the scope of the bans those who meet the duty in Clause 2 but who are under the age of 18.

As the Bill is currently constructed, anyone, including children, who meets the criteria of the duty also becomes subject to permanent bans on obtaining leave to remain, settlement, citizenship and re-entry. The application of the bans is irrespective of whether the child was complicit in the act of entering illegally. I hope that addresses the points noble Lords have raised in that regard.

The inclusion of children is to ensure that there is no perverse incentive for parents or others to put children in harm’s way by forcing them on to small boats or other dangerous methods in an attempt to gain entry to the UK. We want to send a clear message that children cannot be exploited and forced into making dangerous attempts to gain entry into the UK for the purpose of starting a new life here. Instead, the only way to come to the UK for protection will be through safe and legal routes. This will take the power out of the hands of criminal gangs and protect vulnerable people, including children.

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[Baroness Lister of Burtersett (Lab)]

My Lords, the Government Chief Whip promised that it would be published well before Report concludes. Does the Minister really think that tomorrow is well before Report concludes on Wednesday?

[Lord Murray of Blidworth (Con)]

Yes.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Report stage
Wednesday 28th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, with these amendments we return to the issue of detention time limits in relation to unaccompanied children and the limiting of places of detention. Amendments 49, 53, 56 and 61, tabled by the noble Lord, Lord German, limit the “place of detention” in the Bill to those that are presently authorised for detention. We detain persons for immigration purposes only in places that are listed in the Immigration (Places of Detention) Direction 2021. As I set out in Committee, following Royal Assent we will update the direction in line with the new detention powers.

For more than 50 years we have operated a framework where the Home Secretary sets out the places where persons may be detained for immigration purposes in an administrative direction. The provisions in paragraph 18 of Schedule 2 to the Immigration Act 1971 have operated perfectly satisfactorily. I see no case now to change to a position whereby places of detention are to be set out in primary legislation.

I assure noble Lords that the welfare of detained individuals is of paramount importance. Any place of detention must be suitable for the persons we are detaining there, and adequate provision will be made for the safety and welfare of the detained person. The Detention Centre Rules 2001 make provision for the regulation and management of immigration removal centres. These rules set out:

“The purpose of detention centres shall be to provide for the secure but humane accommodation of detained persons in a relaxed regime with as much freedom of movement and association as possible, consistent with maintaining a safe and secure environment”.


The rules also set out the specific requirements which an immigration removal centre must comply with, including, but not limited to, provision for maintenance, general security, healthcare, access and welfare. These rules will continue to apply to detention in immigration removal centres under this Bill. I hope that is a complete answer to the points raised by the noble Lord, Lord German. I add that, as their name suggests, these rules apply to detention accommodation, not to non-detained accommodation such as the Bibby Stockholm barge, from which of course people may come and go.

Moreover, we already have robust statutory oversight of immigration detention, including inspection by the Inspectorate of Prisons and independent monitoring boards at every detention facility, and effective safeguards within the detention process which, I would suggest, are efficient.

I turn to the issue of detention time limits. Amendments 51, 57, 59 and 63, tabled by my noble friend Lady Mobarik, seek to retain the existing time limits on the detention of children. It is an unavoidable fact that holding people in detention is necessary to ensure that they can successfully be removed from the United Kingdom under the scheme provided for in the Bill, which is designed to operate quickly and fairly. However, our aim is to ensure that no one is held in detention for any longer than is absolutely necessary to effect their removal.

The duty on the Home Secretary to make arrangements for the removal of all illegal entrants back to their home country or to a safe third country will send a clear message that vulnerable individuals, including children, cannot be exploited by the people smugglers facilitating their passage across the channel in small boats on the false promise of starting a new life in the United Kingdom. The detention powers are an integral part of ensuring the success of this Bill, both as a deterrent and as a means of ensuring that the Home Secretary can comply with the duty to make arrangements for removal.

We must not create incentives for people-smuggling gangs to target children or provide opportunities for people to exploit any loopholes. Children may be put at further risk by adults seeking to pass off unaccompanied children as their own. I know this is not my noble friend’s intention, but that is what these amendments would, perversely, achieve.

Under the Bill, detention is not automatic. The Bill provides powers to detain, and the appropriateness of detention will be considered on a case-by-case basis. Moreover, recognising their vulnerability, I remind my noble friend that the Bill makes particular provision for the detention of unaccompanied children.

It is important to recognise that unaccompanied children would be detained only for the purposes of removal in a minority of cases. They are not subject to the duty to remove, and our expectation is that they will generally be transferred to the care of a local authority until they turn 18. Where they are to be detained, the powers in the Bill may be exercised in respect of unaccompanied children only in circumstances to be prescribed in regulations, as we have already discussed during today’s debate. This would be, for example, for the purposes of an initial examination or, where necessary, in the limited cases where they are to be removed to effect a reunion with the child’s parent or to return them to a safe country of origin. As we have already debated, such regulations are now to be subject to the affirmative procedure, as a result of the government amendments to Clause 10.

The Bill also includes a power to place a time limit on the detention of unaccompanied children where that detention is for the purposes of removal. We will keep the operation of these provisions under review, and should it be necessary to introduce a time limit, we have the means to do so.

Given the safeguards we have already built into the arrangements for the detention of unaccompanied children, the Government remain of the view that these amendments, however well-meaning, are not necessary. I therefore ask my noble friend not to press her Amendment 51. However, if she is minded to test the opinion of the House, I ask noble Lords, if and when the Division occurs, to reject the amendment.

Ahead of that, I hope that I have been able to satisfy the noble Lord, Lord German, and that he will be content to withdraw his Amendment 49.

[Baroness Lister of Burtersett (Lab)]

Before the Minister sits down, will he please answer my question, which I put for the fourth time, at the risk of being extremely boring and sounding like a broken record: where is the child rights impact assessment? We have nearly finished the first of three days on Report, and we still do not have it.

[Lord Murray of Blidworth (Con)]

As I said yesterday, the child rights impact assessment will be provided in due course.

Illegal Migration Bill: Economic Impact Assessment

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 27th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I made clear during its earlier stages, the Bill introduces a new legal regime, and it is the Government’s view that it is consistent with our international obligations, which we always strive to meet. It is right that the facts in this impact assessment, and in the overall assessment of the situation made by the Government, are in favour of this legislation.

[Baroness Lister of Burtersett (Lab)]

My Lords, the Statement said that the Bill will have a deterrent effect and that there was strong evidence of that effect. Could the Minister therefore explain why the impact assessment says that

“it is not possible to estimate with precision the level of deterrence that the Bill might achieve”?

It refers also to:

“The academic consensus … that there is little to no evidence suggesting”


such a deterrent effect.

[Lord Murray of Blidworth (Con)]

I refer the noble Baroness to the answer I gave in relation to the evidence from Australia, and, in particular, to paragraph 38 of the impact assessment.

Asylum: Channel Crossings

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 27th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Lord will not be surprised to learn that I disagree with him. The purpose of the Illegal Migration Bill is to deter dangerous crossings of the channel and other methods of illegal entry. This is an entirely responsible and appropriate policy step.

[Baroness Lister of Burtersett (Lab)]

My Lords, following the question from my noble friend Lord Dubs, can the Minister explain why we still do not have a child rights impact assessment, so that we can assess the Government’s argument that the Bill is in the best interests of children? All organisations, including children’s commissioner, believe that it is not.

[Lord Murray of Blidworth (Con)]

I am afraid that I cannot provide the noble Baroness with an update on the child rights impact assessment, but I am sure that it will be provided.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

With respect to my noble friend, I would say that the Government’s position is the moral position, but that is possibly an argument for a different type of debate, so I will revert to the topic of the proposed amendment from the most reverend Primate.

[Baroness Lister of Burtersett (Lab)]

The most reverend Primate’s amendment does not say what the strategy should be; it says just that there should be a strategy. Is the Minister really suggesting that another Government would say, “We’re not bothered about slavery; we don’t want a strategy on slavery”? The whole point is to get Governments to think strategically.

[Lord Murray of Blidworth (Con)]

I assure the noble Baroness that this Government certainly do think strategically, but there is no reason for such a strategy to be required by reason of a statutory amendment. I appreciate that the most reverend Primate has laid this amendment, and I do not think that he realistically expects such an amendment to be accepted by the Government. What is clear is that—

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

On the first point, I do not have that detail to hand so I will go away and find that out and write to the noble Lord. But on the second point, obviously, the UK resettlement scheme is a general scheme to take refugees who have been identified by the UNHCR and in that sense it is not geographically specified. Obviously, these are all issues which would be considered in the report provided for under Clause 59, so the noble Lord is right to identify that.

[Baroness Lister of Burtersett (Lab)]

Before the Minister moves on, I asked a question about children, which was echoed by my noble friend Lord Coaker. The Minister mentioned children in relation to appropriate routes but the Children’s Commissioner has argued that children should be excluded from any cap. I asked what the Government’s response was to that recommendation.

[Lord Murray of Blidworth (Con)]

I ask the noble Baroness to forgive me; I was going to come to that. I have met with the Children’s Commissioner and we have an ongoing dialogue on the provisions in the Bill. There is no intention to exclude children, for the simple reason that children utilise resources in the same way as adult asylum seekers do. Therefore, in assuming the global level of resources needed to provide adequate support and integration for asylum seekers, whether adults or children, it is appropriate that a global view be taken. Therefore, it is necessary to take a global view of the cap.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Monday 12th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

On the first point, there is no suggestion that these measures impute culpability in the way that the noble Baroness suggests. On the second point, I would have thought that the noble Baroness would approve of the fact that the statute relies upon the convention rights as being the pressure valve for exceptional circumstances in the way that I have described.

[Baroness Lister of Burtersett (Lab)]

It may be that I have not quite understood what the noble Lord is saying, but the noble Baroness, Lady Ludford, and I specifically asked the kind of question that was posed by the JCHR. Why have the Government narrowed the reference down from the original wording of the clause to the ECHR, when originally it was to any other international agreement to which the United Kingdom was a party? Why has that gone?

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[Lord Murray of Blidworth (Con)]

I fear that we are speaking at cross purposes. I certainly would not compel any child to participate in age assessment.

[Baroness Lister of Burtersett (Lab)]

The whole point is that they are, in effect, being compelled. This point was made by the interim age advisory committee—a committee set up by the Government. Why are the Government ignoring its advice? They are doing the opposite of what it says should be done. It said:

“The consequences of refusal should not be so disproportionately adverse as to bias the applicant towards consent”.


That is exactly what is happening.

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[Lord Murray of Blidworth (Con)]

The noble Baroness now invites me to embark on a discussion that she just said she did not want to have. I agree with her first position because it is not relevant to the amendment that she raises.

Amendment 127 in the name of the noble Lord, Lord Coaker, would place a duty on the Secretary of State to publish an annual report on scientific age assessment methods, the attendant scientific advice and the statistics relating to their use. The Home Office already publishes such information: quarterly datasets including age disputes are available on GOV.UK—we have heard references to those in Committee this evening—and, when scientific methods of age assessment are introduced, the Home Office will ensure that we report and monitor that information. The Age Estimation Science Advisory Committee continues to provide scientific advice to the Home Secretary and the Home Office’s chief scientific adviser. Their first report was published on GOV.UK, as the noble Baroness, Lady Lister, identified, and the Government will continue to seek advice from the committee. Given that we already publish the kind of information and data proposed by the noble Lord, I submit that his amendment is unnecessary.

[Baroness Lister of Burtersett (Lab)]

What is the point of seeking advice if it is then ignored? While I am on my feet, because I was not quick enough earlier, the Minister gave some figures that the right reverend Prelate, other noble Lords and I disputed, but it is as if we have not spoken. The evidence we presented was just ignored. It suggests that government Ministers tend to wildly exaggerate the proportion of children who are wrongly assessed as adults presenting themselves as children. We want the Minister to engage, if not now then in writing, with the figures that we came up with. I am appalled that the Minister has not even read the Helen Bamber Foundation report, because that is the best report on age assessment that there is. I very much hope that at least his officials have read it, but I will leave it at that.

[Lord Murray of Blidworth (Con)]

Of course we consider the advice provided by the Age Estimation Science Advisory Committee and the Home Office’s chief scientific adviser, and we will continue to do so. It is because we are in the process of awaiting such advice that the age assessment process is not fully operational. That demonstrates that we take and appreciate the advice that we are given.

As to the information questions, I will look at the statistics that the noble Baroness raises. I do not recognise them immediately, which is not to say that they are not properly reflective. There are a lot of statistics published on the Home Office website, so I appreciate that there may be some conclusions to draw. I will certainly look at that.

Government Amendment 123C is a clarificatory amendment that simply ensures that Clause 55 applies to any decisions following the regulations made under Clause 56, which automatically assumes someone to be an adult as a result of their refusal to consent to a scientific age assessment. It includes a decision as to whether an individual has reasonable grounds to refuse consent to a scientific age assessment.

We cannot escape the fact that almost half of asylum seekers claiming to be children were found to be adults. Those seeking to game the system in this way create clear safeguarding risks to genuine children and delay their removal. Clauses 55 and 56 are a necessary part of the framework of the Bill to ensure that we can swiftly remove those subject to the duty in Clause 2. I therefore invite the right reverend Prelate to withdraw his amendment.

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[Lord Murray of Blidworth (Con)]

My Lords, I thank all noble Lords who have spoken: the noble Baronesses, Lady Lister and Lady Ludford, and the noble Lord, Lord Hacking.

The measures in Clause 57 aim to deter claims from nationals from safe countries who seek to abuse our asylum system and do not need to seek protection in the UK. It will consequently reduce pressure on our asylum system and allow us to focus on those most in need of our protection.

Treating asylum claims from EU nationals in this way is not new, as I think all noble Lords recognised. It has been a long-standing process in the UK asylum system and is also employed by EU states. However, EU states are not the only safe countries. It is right that we expand these provisions so that they apply not only to nationals of the EU but to other safe countries that we have assessed as generally safe. At this time, the list has been expanded to include the other European Economic Area countries, Switzerland and Albania. This clause also includes powers that would allow us to expand this list further to other safe countries of origin in future.

Furthermore, these provisions will expand this approach to include human rights claims. If a country is generally safe, it stands to reason not only that asylum claims should be declared inadmissible but that any related human rights claims should be treated likewise. If a person has other reasons for wishing to come to the UK, they should apply through the appropriate routes. People should not seek to use our asylum system to circumnavigate those routes.

However, even if a country is generally considered safe, it is acknowledged that there could be exceptional circumstances in which it may not be appropriate to return an individual. If the person does not meet the conditions of the duty and makes an asylum or human rights claim, and there are exceptional circumstances as a result of which the Secretary of State considers that a claim ought to be considered, then their claims will be considered in the UK. If a person meets the conditions of the duty and makes a protection and human rights claim, and the Secretary of State accepts that there are exceptional circumstances which prevent removal to their country of origin, they will instead be removed to a safe third country. Therefore, it is considered that these provisions incorporate appropriate safeguards to ensure that we will not return an individual where it would not be safe to do so.

Amendment 128A in the name of the noble Baroness, Lady Lister of Burtersett, seeks to remove Albania from the list of safe states for the purposes of Section 80A. For a country to be added to the list of safe countries of origin, it must be assessed as safe, as per the test set out in new Section 80AA of the 2002 Act. We are satisfied that, in general, Albania—a NATO member, an ECAT signatory and an EU accession country—meets that test. Indeed, the cross-party Home Affairs Committee, chaired by Dame Diana Johnson, said in its report published just yesterday:

“Albania is a safe country and we have seen little evidence that its citizens should ordinarily require asylum”.


Furthermore, as already set out, the provisions incorporate appropriate safeguards, should it be accepted that there are exceptional circumstances why an Albanian national should not be returned there.

As I have indicated, these sensible extensions to the inadmissibility arrangements which currently apply to EU nationals will help to reduce the pressures on our asylum system and enable us better to focus on those most in need of protection. I commend the clause to the Committee and invite the noble Baroness to withdraw her amendment.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to those who have spoken, especially my noble friend Lord Hacking; he has been extremely noble to stay this late to speak, and he speaks from his first-hand experience of Albania.

The noble Lord, Lord Hodgson of Astley Abbotts, said that if there had not been so much repetition, we would not still be here at this time. However, the Minister, in his reply, has shown why sometimes there is repetition: because there is no evidence that the Minister listens. I talked about the Home Affairs Committee and why the response to it was not good enough, but he read his speech about the Home Affairs Committee as if it had not been mentioned. This happens time and time again. The main repetition I heard this evening was from the Government Benches giving very detailed information about the Policy Exchange report over and again. We could have done without that.

It is late, and I do not think that we want to go beyond 2 am, if we can possibly help it; I am shaking with tiredness. The Minister has not engaged at all with the arguments put that, while Albania may be a safe country for many people, it is not safe for everyone. It is just not good enough to say, “Well, in exceptional circumstances, their claims can be considered”. There are some very vulnerable people—people who have fled extremely difficult circumstances that none of us would want to face—who have sought asylum here and been granted asylum here for good reason. I sometimes wonder what the point is of us standing up saying these things, when the Minister then stands up and gives us a response that takes no account whatever of what has been said. That said, I beg leave to withdraw the amendment.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Wednesday 7th June 2023 Lords Chamber

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

My Lords, Clause 8 ensures that there is support available to individuals who would otherwise be destitute where their asylum claims have been declared inadmissible, pending their removal from the United Kingdom. It also seeks to incentivise those whose asylum claims have been declared inadmissible to comply with the arrangements to remove them from the UK, whether that be to their country of origin—where it is safe to do so—or to a safe third country. These provisions will support the overall objective of the Bill and ensure that those who come to the UK illegally will not be able to stay. Pending their removal, we will ensure that we support those who are complying with arrangements for removal. I make no apology for introducing these measures to protect and preserve the integrity of our asylum and migration system.

I am grateful to the noble Baroness, Lady Lister, for setting out her amendments to Clause 8. Amendments 57C and 57F seek to create a right of appeal against a decision to refuse an application for support under Section 95A of the Immigration and Asylum Act 1999, which would take effect only if supporting provisions in the Immigration Act 2016 are brought into force. The Government keep these matters under review but I can answer the noble Baroness’s question directly: there are no current plans to bring those measures into force, and so we consider these amendments unnecessary. Therefore, those who are refused support under Section 4 of the 1999 Act will still be able to appeal the decision.

Similarly, we do not consider Amendment 57D necessary. As I have told noble Lords frequently throughout Committee, our intention is to detain and swiftly remove people. We expect that the overwhelming majority of those who fall within the scope of the duty to remove will need accommodation as well as financial support. These individuals will therefore be provided with financial support to meet their essential living needs, pending their removal from the UK.

Although I recognise the intention behind Amendment 57E, the Government do not consider it necessary to provide a statutory basis on which to provide temporary support. As I have said, our intention is to detain and swiftly remove those who enter illegally and meet the conditions in Clause 2. The details of how the scheme will work in practice, including the support provided during this interim period, are currently under active consideration. We are confident that there is sufficient scope to be able to provide adequate support to individuals pending a determination of their application under Section 4 of the 1999 Act. Obviously, we will bear in mind the contributions made during this short debate.

Finally, Amendment 57G seeks to amend uncommenced provisions in the Immigration Act 2016 and, in so doing, alter the long-standing position that Section 4 support would be available only to people who face a genuine obstacle in leaving the UK. The Government have no plans to implement the 2016 Act provisions in the immediate future; even if we were to do so, we see no need to alter the existing approach to eligibility under Section 4 for this group of people. Eligibility for Section 4 support is a long-standing position. As long as individuals whom we support pending their removal co-operate with the process, they will remain eligible for support.

The noble Baroness, Lady Lister, the noble Lord, Lord German, and the train-bound right reverend Prelate the Bishop of Durham asked about the Section 4 application form. We are working on the arrangements for implementing these provisions. As part of that, we will consider what changes, if any, are required to the Section 4 application form.

Where necessary, the Government will provide accommodation and basic support for those who are subject to the duty to make arrangements for removal and who are not being detained pending their removal. In answer to the right reverend Prelate, I can assure him that, with the changes made by Clause 8, we consider that there is sufficient legislative cover to provide such support where a person would otherwise be left destitute. On that basis, I invite the noble Baroness, Lady Lister, to withdraw her amendment.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to all noble Lords who have spoken, including the right reverend Prelate, in his absence; we know that he had to get his train. I am also grateful to the Minister for answering more questions than I expected him to be able to.

I am disturbed by the proposition that it is not necessary to provide a statutory basis for temporary support because the intention is to remove people quickly. The Government are the only people who think that removal will be quick. All the organisations on the ground predict a state of semi-permanent limbo—purgatory, as some of them have called it. There needs to be a proper statutory basis for the support that these people are provided with. I hope that the Minister will look at this point again.

Other noble Lords have asked questions that have not, I think, been answered. I would be grateful if the Minister or his officials could look through Hansard and answer any remaining questions. The noble Lord, Lord German, certainly asked a number of questions that have not been addressed. I will not detain the Committee now by pressing them—I am sure that the noble Lord will not either—but I ask that a letter answering those questions goes to the noble Lords who have participated in Committee before Report.

It would also be helpful if the Government published as clearly as they can a statement on what is proposed. We can piece bits together from the Minister’s reply today but the point has been made that local authorities, faith groups, refugee organisations and others need to start planning; they need to know. A clear statement would therefore be helpful.

I finish by quoting the right reverend Prelate the Bishop of Durham, who said that this is going to be like detention without walls. That is a very telling statement. It is important that we get this right. We do not want large numbers of people destitute on our streets because they are in this permanent limbo. I look forward to seeing what the Minister has to say in any subsequent letters but, for now, I beg leave to withdraw the amendment.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Baroness will have heard the comments from the Lord Privy Seal.

[Baroness Lister of Burtersett (Lab)]

To take the noble Lord back to the question that was asked by the noble Lord, Lord Scriven, has the economic impact assessment been completed or not? If it has been, why do we not have it? If it has not been, surely it should have been informing the Bill itself.

[Lord Murray of Blidworth (Con)]

I can do no better than say that the impact assessment will be published in due course.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I hear what the noble Lord says, but in any Bill the economic impact assessment—where one is provided, which is not in every case—is only ever one piece of the documentation that is available in support of a Bill. The impact assessment will be published in due course; I am afraid I cannot give the noble Lord any more information. I hear what he says, and the contribution from the noble Lord, Lord Hunt of Kings Heath, and will take their comments back to the department.

[Baroness Lister of Burtersett (Lab)]

My Lords, on 24 May, the Minister said the same thing: that he would take our concerns back to the department. There have been nearly two weeks for the department to reflect and act on our concerns about the economic impact assessment and the child rights impact assessment—which some of us consider to be even more important.

[Lord Murray of Blidworth (Con)]

I am afraid that I have nothing to add other than that it will be published in due course.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

As I said, the power will be exercised very exceptionally. I am happy to go away and look into that point, and I will write to the noble Lord on it.

[Baroness Lister of Burtersett (Lab)]

I asked a number of questions around the child rights impact assessment. Please do not say that we will get it in due course, because I quoted from the UN committee’s guidance on impact assessments and it was very clear that it should be shaping the policy process from the word go—so it must exist. Why do we not have it? It is good that the Children’s Commissioner is now being involved in discussions, but she complained that she was not consulted prior to the publication of the Bill. Given the impact on children, surely that is grave discourtesy to the Children’s Commissioner.

[Lord Murray of Blidworth (Con)]

From my experience, the Children’s Commissioner was involved, certainly while the Bill was passing through the other place, but I will look further into that point on timings. However, the noble Baroness is absolutely right that it is very important that she is engaged with in full in relation to the development of this legislation in so far as my personal view goes. In relation to the point about the child impact assessment, I am afraid that, however much it will disappoint the noble Baroness, I must revert to the usual answer and say that it will be provided in due course—but I of course take away the sentiment that she has evinced.

Illegal Migration Bill

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

To add to that, we should have had a child rights impact assessment. That is supposed to be done right at the outset of the policy discussion. Therefore, it would have been appropriate for it to have been published at the same time as the Bill.

[Lord Murray of Blidworth (Con)]

The House knows my position. I have obviously heard what the noble Lord, Lord Coaker, and the noble Baroness, Lady Lister, have said, and I will of course take those points back to the department.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

No, I am sorry to say. Clearly the position is not that in every case where there is a change in the criminal law it should have retrospective effect to the date of the Bill’s introduction. That is absolutely not what I am saying. What I am saying is that, in this context, to prevent a rush of people into these dangerous vessels, crossing the channel at a time when there is potentially bad weather, those were the special circumstances that justified retrospection in these provisions. To go back to one of the last major Bills to go through your Lordships’ House, which became the Public Order Act, I would not dream of suggesting that the offence of locking on should have had retrospective effect to the date of the introduction of the Bill; there would have been no exceptional circumstances for that.

While I am on the topic of the speech just given by the noble Baroness, Lady Chakrabarti, I would like to address her suggestion that limited retrospectivity will lead to refoulement. This is clearly not the case. I can do no more than repeat that this Bill does not allow refoulement. It does not allow the Government to remove individuals to places where they will be in danger—and that, quite rightly, is under the supervision of the courts.

In particular, I would refer noble Lords to the clauses in the Bill relating to suspensive claims—Clauses 37 to 50—which allow Upper Tribunal judges to determine whether an individual faces a risk of “serious and irreversible harm”. If such a case is made out, the individual will not be removed to that place.

Amendment 7 tabled by the noble Lord, Lord German, relates to the third condition and to the issue of whether a person has or has not “come directly” from a country where their life and liberty were threatened. It is right that we prioritise protection for the most vulnerable people arriving through safe and legal routes rather than those who are strong or rich enough to have journeyed through safe countries and paid the people smugglers before they reach the UK.

In answer to the question put by the noble Lord, Lord German, repeated by the noble Lord, Lord Coaker, people seeking sanctuary should apply for asylum in the first safe country they reach. There is no uniform international interpretation of the many concepts of the refugee convention. However, the Vienna Convention on the Law of Treaties provides the treaty to be interpreted “in good faith”. It is on this basis that we have set out our interpretation of “come directly” through Clause 2. I might add that, were Amendment 7—

[Baroness Lister of Burtersett (Lab)]

The Minister is beginning to address the question that I have raised twice: why should we accept this Government’s interpretation of the refugee convention over and above that of the body that is given authority by the UN to interpret it for the international community? Every other organisation that has briefed us has followed the UNHCR in its interpretation and there are very real fears of refoulement. As a noble Lord opposite said earlier. the reason given seems to be “Because we say so”, as you would say to a child. That is not good enough. We want to know exactly why we should accept the Government’s interpretation.

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for that intervention. The reality is that the Government take legal advice. The UNHCR is clearly a UN body; it is not charged with the interpretation of the refugee convention. Some parts of the UNHCR have views on the Government’s position, but it is always worth recalling that the UNHCR itself maintains refugee arrangements and accommodation in Rwanda. In December, the High Court considered the submissions from the UNHCR and discounted what was said. So I invite the noble Baroness, rather than simply taking the Government’s word for it, to review the judgment of the Divisional Court, a careful and considered judgment, which considered the legality of the removal scheme.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Clearly, the intent is to send a message—that people really must not make these dangerous journeys across the channel. As I say, all the avenues of legal challenge are open but there are only two categories that will suspend removal. There are a number of provisions—I am sure the noble Baroness and I will be debating them at length over the coming days in Committee—and that is how the Bill will have its effect.

[Baroness Lister of Burtersett (Lab)]

Could I ask that the Minister copies everyone who took part in this debate into the letter he is going to send, because it is of interest to many of us?

[Lord Murray of Blidworth (Con)]

I will certainly place a copy in the Library of the House. I hope that suffices. I am sure that my private office can work out who is here and is participating.

Short-term Holding Facility (Amendment) Rules 2022

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 18th April 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Of course; I entirely accept that.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am very grateful to everybody who has spoken, all of whom I think have deepened the arguments and reminded noble Lords what is at stake here. I am grateful to the Minister for spelling out the Government’s case. I suspect he did not manage to answer all the questions, so I would be very grateful if he could look through Hansard and write to everybody who spoke in answer to those questions.

Rwanda: Memorandum of Understanding

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Monday 6th February 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I appreciate the hypothetical question that my noble friend asks. As I say, the issue was one for the Statements that were provided to the House of Commons, and it seems that there was no want of scrutiny. Therefore, I am afraid that I do not accept that contention.

[Baroness Lister of Burtersett (Lab)]

My Lords, the noble Lord said that he was not able to answer all the questions asked. Will he please write to noble Lords with the answers?

[Lord Murray of Blidworth (Con)]

Yes, certainly; we will have a look through them.

Asylum Seekers: Local Authority Accommodation

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Monday 16th January 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

In view of the recent report on PoliticsHome of an asylum-seeking family left in mould-ridden accommodation, and the claim of a local charity that the standard of Home Office asylum-seeker accommodation is often “squalid and unsanitary”, what steps are the Government taking to ensure that all such accommodation meets basic standards of decency?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question. Obviously, asylum seekers who would otherwise be destitute can obtain support, including accommodation, under Section 95 of the Immigration and Asylum Act 1999. There is a requirement under Section 96 of that Act that such accommodation should be adequate to the needs of the supported person and their dependants. The courts held in the case of AMA v the Secretary of State last year that a hotel room met the threshold of adequacy, despite the nature of the accommodation being far from ideal. Clearly, it is important that all accommodation provided is adequate and meets the needs of those within it. The department is responsive to complaints of inadequate accommodation; it is a priority for the department to ensure that accommodation is appropriately delivered to those who need it.

Migration and Economic Development Partnership with Rwanda

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 20th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

Yes, certainly. The starting point is that Rwanda is a signatory to the 1951 refugee convention and the seven other principal United Nations conventions. As part of the memorandum, it was clear that the Rwandan Government agreed to adhere to international norms in the consideration of all applications for asylum and protection.

[Baroness Lister of Burtersett (Lab)]

My Lords, according to refugee organisations, although we were told that unaccompanied children would not be removed to Rwanda, some have already been issued with notices of intent for so-called relocation because they have been assessed incorrectly as adults. The Statement conveniently left out the judge’s warning that the Home Secretary must consider properly the circumstances of each individual claim. What therefore are the procedures and safeguards to ensure that no child is wrongly issued with a notice of intent?

[Lord Murray of Blidworth (Con)]

As I have already noted to the House, there is no in principle position that children may not be removed under the scheme; it is simply not presently the intention of the Government to do so. As I made clear only recently at Questions, age assessment is something that the department is looking at very closely in light of the new provisions under the Nationality and Borders Act. As the noble Baroness will be aware, since 2016, in half of the cases where age was disputed, the age was ultimately found to be over 18, so we have to be very careful about people who maintain that they are children. Of course, it is very important that those under 18 are carefully protected from those who claim to be under 18 but are not. As I say, it is the intention of the Government to remove families at a point in future when the Rwanda scheme is ready for that purpose.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Forgive me; I said earlier to the noble Lord, Lord Coaker, that families with children are potentially eligible for relocation, but the initial process will focus on adults. A further assessment of Rwanda’s capacity to accommodate children will be undertaken before this occurs. That is the Government’s position in relation to children. Regarding whether asylum seekers can leave Rwanda and come back here, in theory they could leave Rwanda, but one hopes that they would not be able to avail themselves of the criminal gangs to smuggle them across the channel because we would have broken the gangs’ business model.

[Baroness Lister of Burtersett (Lab)]

My Lords, I may have misunderstood, but I think the Minister said that unaccompanied children can be sent to Rwanda. Back in July, the noble Baroness—

[Lord Murray of Blidworth (Con)]

It is not unaccompanied children but families with children.

[Baroness Lister of Burtersett (Lab)]

I was going to ask specifically about unaccompanied children, but I thank the Minister.

X-Rays: Child Refugees

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Tuesday 6th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The report is still under evaluation. I am afraid there is no estimate at the moment for the production of the report.

[Baroness Lister of Burtersett (Lab)]

My Lords, I have twice recently through Written Questions tried to find out whether the Government will publish the report of the advisory committee. Both answers—which were almost identical—avoided answering the question. Could the Minister therefore tell us now whether the Government will publish this key report and, if not, why not?

[Lord Murray of Blidworth (Con)]

As I said, the report is being considered and a decision on publication will be made in due course.

Asylum Seekers: Accommodation and Safeguarding

Debate between Baroness Lister of Burtersett and Lord Murray of Blidworth

Wednesday 9th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I assure the right reverend Prelate that the Home Office takes very seriously its responsibility towards unaccompanied asylum-seeking children. It seeks to place them into separate accommodation as early as can be achieved. As I say, the welfare of children is among its first priorities.

[Baroness Lister of Burtersett (Lab)]

My Lords, despite what the Minister has just said, there is growing concern among civil society groups about what is happening to children caught up in this asylum mess. Can the Minister say exactly what safeguarding mechanisms are in place to protect these children, and to ensure that no child is wrongly classified and treated as an adult?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question. Clearly, every person who arrives at Manston and says that their age is below 18 is the subject of an age assessment—that is, a neutral evaluation of that status. If they are believed to be children then they are treated, as I say, as a key priority for the Home Office and housed in special hotels, which are secure and provide the necessary support for unaccompanied asylum-seeking children.